HomeMy WebLinkAbout20050255 Ver 1_Complete File_20050210V 4A
T ?9QG
10(bwa
oli? -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 24, 2005
Janice Olivas
329 Lake Royale
Louisburg, NC 27549
Subject Property:
Lake Royale, Lot# 1173
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0255
Franklin County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B..0259) with Additional Conditions
Dear Ms. Olivas:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 10 feet of shoreline, and 140 square feet (ft) of protected
riparian buffers for the purpose of constructing a slip for a boat house at the subject property, as
described within your application dated February 6, 2005 and received by the N.C. Division of
Water Quality (DWQ) on February 10, 2005. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3492 (GC3492).
The Certification(s) allows you to use General Permit(s) 19820003 when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us 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. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
401 Oversight / Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, SUte 250, Raleigh, North Carolina 27604
Phone: 919-733-1786/ FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands
No?aCarolina
Al aturally
An Equal Opportunity/Af Irmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Janice Olivas
Page 2 of 3
February 24, 2005
Amount Approved (Units) Plan Location or Reference
Shoreline 10 feet Page 3 of a lication
Buffers 140 (square ft.) Page 3 of application
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
5. A fifty foot vegetated buffer must be established and maintained around the new perimeter
of the boat house.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Janice Olivas
Page 3 of 3
February 24, 2005
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
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 Tar-Pamlico riparian buffer protection rule as described within 15A NCAC
2B .0259. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or
Deborah Edwards at 919-733-9502.
Sincerely,
Al ?m ek, P.E.
AWK/dae
Enclosures: GC 3492
Certificate of Completion
cc: Joe Faison, Affordable Landscaping, Post Office Box 369, Bunn, NC 27508
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
:File -Copy,
Central Files
Filename: 05-0255 Janice Olivas (Franklin) 401
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 short 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) topics of this application and supporting information as N?1?-as, a
fee to tlrc Division of Water Quality ?,J' _(C'/ -= V.,/ E
non-refundable application R
impacts of to lake bottom of less than 1 acre and S475.00 Cor impacts lake bottom
of greater or equal to 1 acre. FEB ? 0 2005
Applications should be sent to:
Division of Water Quality Wetlands Unit
\%a(cu' LIiY
l+
1
C) LoAKr
L /V L.
- 21 TS? - ; Mq _ Fax Number:
and dated copy of the Agent Authorization letter
'aas signatory authority for the owner/applicant.)
lrl 11 l? , ,! r
Telephone Number. Fax Number:"
E-mail Address: I `?- ; > < (r . i [ 1 <
+ J
H. 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
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 Tok%,n: ?c/i,•?
Subdivision name or site address (include phase/lot number): tope C4,? f Lt f // 7 i
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
h
J
2. Describe the existing land use or condition of the site at the time of this
application: ?, r= / , <I ( ? t I 1 %? (
3. Property size (acres): L-1 6i r( r
4. Nearest body of water (stream/river/sound/ocean/lake): ; rL',
5. Describe the purpose of the proposed work: i c
6. List the type ofequipiiient to be used to construct the project: i' ,{ <-.?, ; •_r?%?
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
1
ILl? i
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:
(t
I- Z
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): , rt L-, V, <i \c
?C;'??
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Lake (Full Pond)
Full Pond
Shoreline
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)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full 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.
J
//79
/178 v
ti
//77
D' Nw
?
//76 N
Z9? .51 ?
//75
?q .,?
//73
,1,?3?,:?• ?• /17Z
J D.?,?•?,.59 i7
of ^R. /
,I
I • t
I
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. Arm}' Corps of Engineers Permit
GP30. This Application cannot he used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as `yell as a
non-refundable application fee to the Division of «Vater Quality-of-T 20Q.00? f
impacts of to lake bottom of less than 1 acre and S475.00 for impactbj :e•botto 1l ,
of greater or equal to 1 acre.
FEB 1 0 2005
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
l.lJ L1
I. Applicant Information
1. Owner/Applicant Information
Name: ?l / ? i t C ??a S
Flailing Address: 31-? `I L?Jk? l-?ova le
Lett, ?6,crr:, NL 2'175V9
Telephone Number. V7,? - i1,gy - Fax Number: -
E-mail Address: Jgn %c e . C/,'?q s >rrv??? 5son - C1?w?
2. Agent Informatioa (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ti C Fc1- ISC1-, / 0 ("k-- -) 0 rI-)0%- ,
Company Affiliation: O fTc,,-Jrut?k-?, [0-
Mailing Address: f?? P5?--,L --:?LcC1
( r10 IN L ? -1,7sc)
Telephone Number: Z'=> 1 '-1.? Y-- Fax Number:2`; r 1-1 r? 5 S (? 1
E-mail Address: d i ti-N(; •i L) r ?`•% y ct h e :? ,-?.
II. Project Information
Attach a vicinity map clearly showing the locatioa 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
your project. Also, sec 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 Tou•n: Sinn
Subdivision name or site address (include phase/lot number): lace Toyq/d Lof //73
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
?tYCc.,C?1'i "}Vlr?l "JeLTC- C-,o •? -Ito
12 zv-1S!2j Cti;i1 bC. nrN 1ric:?1
2. Describe the existing land use or condition of the site at the time of this
application:- lees, d e, r,i-I CO
3. Property size (acres): l) _ LI 1 Cl C
4. Nearest body of water (stream/river/sound/ocean/lake): la-Ke',
5. Describe the purpose of the proposed work:- '-To c c??-aSiru Lt ?_,r1rl 1,???
6. List the type of equipment to be used to construct the project:
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
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: t
,_AO '1(•G eS ct,r e, ?L Ix V-(&, VY?Gti?t'CI Wit' n L 1 W ?
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Cu_rrev it L, 1arcj'?Ccleed
?? COY Cl s fir, Cl t ?C?LV1 rCSl LLI ?GZ?
G U , -CGS
Applitant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Lake (Full Pond)
Full Pond
Shoreline
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)
.2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full 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.
3a?
//78
//77
//7
//75
//73
N 7'
• 1/7Z
?o
o
v ?y
N
-Z;Al
V\-x
- .
060255