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HomeMy WebLinkAbout20061420 Ver 1_COMPLETE FILE_20060901O?CF wq rF9pG -y r Mr. Martin Truex 172 Tennessee Cir. Mooresville, NC 28117 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources QF4 ?2 adP=Q NOV 6 - 2006 DENR - WATER QUALITY WETLANDS AND STORMWATFR BRANCH Subject Property: Tennessee Cir., Lake Norman Alan W. Klimek, P.E. Director Division of Water Quality October 30, 2006 DWQ Project # 06-1420 Iredell County Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions Dear Mr. Truex: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact/stabilize the following as described in your application dated September 1, 2006: Amount Approved Units Plan Location or Reference Shoreline 400 feet 404/CAMA Wetlands (acres)- Waters 0.04 acres Buffers - Zone 1 800 (square ft. .Buffers- Zone 2 (square ft. After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ) General Water Quality Certification Number 3492 covers the impacts. This Certification allows you to use Regional General Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter shall also serve as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 26 .0243. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project, including (but not limited to) those required by Erosion and Sediment Control, Non-Discharge, Duke Power, and Water Supply Watershed regulations. The above noted Certification will expire when the associated USACOE's 404 permit expires unless otherwise specified in the General Certification. This approval is for the purpose and design that you described in your application. If you change your project, you must notify this office and you may be required to submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. NOnehcaro na Aaturallfy North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: nmaterquality.org PAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Yage l oT l 1. No additional impacts shall occur in the buffer, including the removal of trees, except along the immediate shoreline. 2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project. 3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B.0243(5). 4. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent approved modifications, the applicant is required to return the attached Certificate of Completion form to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes, to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S, 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan Johnson at 704-663-1699. Sincerely, for Alan W. Klimek, P.E. Enclosures: Certificate of Completion GC 3492 cc: Ian McMillan, Wetlands Unit Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office Becky Fox, EPA Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 26, 2006 Iredell County DWQ Project #06-1420 Mr. Martin Truex, Jr. 172 Tennessee Cir. Mooresville, NC 28117 Subject: Shoreline Stabilization Project, Lake Norman Dear Mr. Truex: The Division of Water Quality (DWQ) received your application for a 401 Water Quality Certification for the subject project on September 1, 2006. Mr. Alan Johnson of this office has reviewed the application. Based on his review the following information is needed in order to complete the application process: a) Photos of the shoreline. If you have a digital camera, the photos may be sent via email to Mr. Johnson at: Alan.Johnson@ncmai1.net. b) Any impact to the Catawba Riparian Buffer that may result from the construction of the project. Pursuant to 15A NCAC 2H .0507(h), this project will be placed on hold until such time as the requested information has been received. In addition, this office is requesting that the Army Corps of Engineers hold processing the 404 permit until the requested information is provided. If you have any questions, please contact Mr. Alan Johnson at (704) 663-1699 or Ms. Cyndi Karoly in Raleigh at (919) 733-9721. Sincerely, . 'y )? D. Rex Gleason, P. E. Surface Water Protection Regional Supervisor cc: Corps of Engineers-Asheville Office Ian McMillan - Wetlands Unit Becky Fox, EPA Central Files Q OCT 2 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Noy` Carolina ?tura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 15 Phone (704) 663-1699 Customer Service Internet: www.ncwaterquality.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper Triage Check List Date: 9/05/06 Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 9/01/06 -10/30/06 From: Cyndi Karoly Telephone : (919) 733-9721 Project Name: Martin Truex, Jr. DWQ #:06-1420 County: Iredell The file attached is being forwarded to you for your evaluation. Please call if you need assistance. Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern 1-1 Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! The following is an abbreviated application form for those applying for a 401 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used for wetland or stream impacts. Please provide seven (7) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $200.00 for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1 Owner/Annlicant Information D,r SEP 0 1 2006 UENR_ ?LANOSAN STTER QUALITY ORMWATER BRANCH Telephone Number: E-mail Address: 2 Fax Number: Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: II. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. You may use the diagram below to make a hand sketch of Fax Number: your project. Also, see the example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other facilities must be included. Location County: 1I Of??, Nearest Town: JZAOWZ Subdivision name or site address (include phaseilot number): /yZ eyEZ ._.,' Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of this application: 1 SfI nl affik c R ACA &0 n M S 3. Property size (acres): 6' AG,,S 4. Nearest body of water (stream river/sound/ocean/lake): 1 , j( 5. Describe the purpose of the proposed work: &6M S Ha?E / gep l.l3 ffa 4 S8WJL'12 7ao'l 6. List the type of equipment to be used to construct the project: Ig4#IiIM r:f,&M S- 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: .32.W ?c 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres: b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): Applic nt/ is ignatdte udLc/ (Agent's re is valid only if an authorization letter from the applicant is provided.) LIly- Xl/a 01- n yod ' Please approximately sketch the following information on this plan (please provide dimensions for each Item, such as 10 ft x 100 ft): 1) All proposed vegetation clearing (provide dimensions). A Location of rip rap or fill to be placed above the Fug Pond-elevation 3) Location of rip rap or fill to be placed below the Fufi Pond elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. D DUKE POWER LAKE MANAGEMENT, EC12-Q n @ OWRD P O BOX 10061;1] L5 V CHARLOTTE, NC 28201-1006 SEP 4 2006 704-382-1567 or TOLL FREE 1-800-443-5193 UENR -WATER QUALITY APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CARMOAND STORINATM BRMCH Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. 1. Applicant Information 2 0 0 6 1 4 2 0 A. Name n*ct f --?c 6v ?2 B. Mailing Address %1,.l tFNtj-.j%E Lrrr lN?r r%i?•1K 1Q ` 4i7 C. Telephone: hi ?1 II. Location of Proposed Project A. Lake B. Street Address 1?-i? "C?r1.a• S5 t GT1S. • v ; C. County k fdi 11 D. City, town, community or landmark M• re.cs? ?l# - E. Section Lot # Subdivision F. Directions to property by road 944 k ).I R T%tl ; rte, i5t) inn Gc 'o H {rt' D ?? 11a?t `:. ApP * . 1 n.» a t} .a -LN'y ?.i 5 t' , 2 (7 T-t N fq LS i G ?Q. G. Latitude and longitude for the project site H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www.mansoitus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) III. Description of Project A. Length of wall 4Q" B. Material{- %A- - P.A44u_ C. Distance from property line/shoreline IV. Intended Use of Project Area A. Private ,.• , B. Conunercial / - V. Applicant Signature -? Date PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. -ROOM 208, ASHEVILLE, NC 28801-5006 • 2 COPIES OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA", PHOTOGRAPHS OF THE SHORELINE TO BE STABILIZED, AND FIVE (5) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY ATTENTION: CYNDI KAROLY PARKVIEW BLDG., 2321 CRABTREE BLVD. RALEIGH, NC 27604 919-733-1786 04/18/05 GPAULAKEMGMT\LMPPWSTABILIZATION.6.27\STABILIZE\SHORLIN.STAB. NC.doc ?006'4 20 The following is an abbreviated application form for those applying for a 401 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used for wetland or stream impacts. Please provide seven (7) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $200.00 for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1 Owner/Annlicant Information ?D SEP D 12006 TAN STQUgtITy n`R BRANCH Telephone Number: E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name- Company Affiliation: Mailing Address: Telephone Number: E-mail Address: II. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. You may use the diagram below to make a hand sketch of Fax Number: Fax Number: your project. Also, see the example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other facilities must be included. 1. Location County:Nearest Town: 9&42& Subdivision name or site address (include phase/lot number): /yZQO?ge?? G,P. X. Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of this applic/at?ioDn: ! r 3. Property size (acres): AG,?FS 4. Nearest body of water (stream/river/sound/ocean/lake): 1 /?f 5. Describe the purpose of the proposed work: MAU S &Wad! AM 46P 1134ffa 4iglL/Z.?aAI 6. List the type of equipment to be used to construct the project: 661kAV_L,?fLaNt 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 32 O ?c 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining wails, etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres: b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): Q 27,i21 Applic nt/ ge 2seis ignattite ` UaLe/ (Agent's ' valid only if an authorization letter from the applicant is provided.) L14r X_/1a rfr X you ' Please approximately sketch the following information on this plan (please provide dimensions for each Item, such as 10 (t. x 100 ft): 1) All proposed vegetation doming (provide dimensions). 2) Location of rip rap or fill to be placed above the Ful Pond-elevation 8) Location of rip rap or fill to be placed below the Fug Pond elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors.