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HomeMy WebLinkAbout20042009 Ver 1_Complete File_20041216O\N AT ?9pG co > r_ y Michael F. Easlcv. Govcmor William G. Russ Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.E. Director Division of Watcr Quality January 4, 2005 DWQ# 04-2009 Catawba County Mr. Dennis Ramsey 606 Landscape Lane Winston Salem, NC 27107 Subject Property: Lot 1, Panther Point Trail APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Ramsey: You have our approval, in accordance with the attached conditions and those listed below, to excavate approximately 62 cubic yards of material from High Rock Lake to provide boating access to a proposed dock at your residence in Rowan County, as described in your application received by the Division of Water Quality (DWQ) on December 16, 2004. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Nationwide Permit Number 19 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permits expire unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. 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 Preconstruction Notification application. All construction activities shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: 3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. If you do not accept any of the conditions of this certification, 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 that 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. J>M No Carolina lxatura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. imek, P.E. AK/aj Attachments cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit Central Files 4- JAN € ZGG5 rr Triage -Check List Date: 12/21/04 Project Name: Dennis Ramsey DWQ#: 04-2009 County: Rowan To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 12/16/04 to 2/13/05 From: Cyndi Karoly Telephone : (919) 733-9721 r l The file attached is being forwarded to your 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 (Neuse, 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 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 ! ?? 1t t f L E Office Use Only: USACE Action ID 1 io. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) Y: Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 4?,n01 ??17tor nJl!J'1?7 f'urtF./.n}nel 2. Nationwide, Regional or General Permit Number(s) Requested: -Ge,ve rd 1 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of.North Carolina's twenty coastal counties (listed on page A19 a ?L _.,:,,.,` :°,_..:"- XTO-1 n._,a:......J-%-:.:.... -c 4--. ..i,A.ri.....,?...,.,-+ s..., 4V AN, art.&'- "Ic Yl WJv L IJ t?l Wlll a 1\l L" V Y1V111J4 L1Y1J1V11 Vl. `. V{iJl{11 1P1aul4?trl11V11L 111VLL V1 Environmental Concern (see the top of page 2 for further details), check here: ? 042009 DWQ No. II. Applicant Information 2 PAY[J EN'T RECEIVED 1. Owner/Applicant Inf rmation Name: D P:v;V,` 5 Li tyl .1 Mailing Address: toi L, l V S n e'? t ru ? Oi y ' T>ti- SA I .,t AX IJ 1C7 Telephone Number:~itr 4 13f-1 fax Number: E-mail Address: M i Gt i 1 ! ra f`: w. 7 1 . Form Version May 2002 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) rr Company Mailing D DENR - W Telephone Number: Fax Number: LML16 MD SMfthKT RNtgr-q E-mail Address: Page 5 of 12 111. 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. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction Ulawfligs 1adw;1 U1a11- tt. JGLJUG11L1A - Jhu'rti VGlsion U1 111G - IUll-J16v FlIdus. 11 1U1111-J1GG Plans, tuG- reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 50 6 0:30 A Location County: Nearest Town: Subdivision name (include phase/lot number): c?n ,. Directions to site (include road numbers, landmarks, etc.): I ©N ?ywtr Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 0. T a I 7. Nearest body of water (stream/river/sound/ocean/lake): . V vl 1(Jlll. UP-1 1 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: f , e L.,,,,,: Q ; t, t, 1 t.... °T 1-i *Qt L-1 E r1llI-d j ( sue, 1_ Page 6 of 12 10. Describe the overall project in detail, /including the type of equipment to be used: y¢ MfM0,; ' ttN 17, ti ?p X L' nt- L, l?C.l1C?h /t u F. mN r j,A. 11. Explain the purpose of the proposed work: I r?- ' 1t p t W.- Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and VVL .LLLV4•IV LLJ- .1 ?1V LJJLX- .?tUl'?t14.. 11. L aV ?aaV ?JaaV tVVVtIIVJ VL t/1VLV 4Ja? lJJ4VLL ?JVtL1ll W? certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction /schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. ?7T D,.,,.,n, n Tm.?wota to «Tn?nrs of+16- IT-4-4 C't `??llalntn.+n n£:hn Qt aua ew .a. .. ..wao asa .aav v.aawvv .a waova a tv" It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and'all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for 11J ?l llr, Vl 4VJVl 1111 V11, }/lV4JV 41L{LVtI Y JVj./414LV Jl1VVL. Page 7 of 12 the 2. Individually list wetland impacts below: Wetland Impact Site Number indicate.on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream. linear feet Type of Wetland*** ' L1sL CaCil IIIIpacL JCpaTdLCly and idCIILIIy Lemporary IlllpaL;Ls. nnpacLs incidde, bUL aTC UUL inmlCd LO: mechanized cicaring, grdding, 1111, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year flnntinlaln, are itlentifietl thmimh the Federal Fmi-ru mrv Management AQPnrV'C (FFMA) FInnd Tn,nranre Rate Man, (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hqp:A/www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh,' forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below Stream Impact Site Number (indicate ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) M r * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS mane are availahle thrnneh the INCTS at 1-800-358-9616. or online at wwlv.us,-s.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., wivw.tooozone.com, www.mng?!est.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Im act P (acres) Name of Waterbody (if applicable) Type of Waterbody F(lake, Pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be Included above, III dW weitailu WWI silCdlt'l impdGi sec-dulls. AISU, the ptuposed pond shuulu be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance andMinimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact ^n.l. -1- 4-- .7-:- A1-.A7I-- were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. ?w10?L ?? L.1L1 GI? V'r:.•C 17.v? Irl1r iKC' (i Ye c., .? n VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to tfeshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 T USAGE, - Tn ?ccnrClance, with thP_ F nil N Ric nf_Teciapr2 P_ Nq.tionwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 11 llllll?',il11U11 1J 1G11U11GU lUl UIIN PIUJULA it cUtly U1 LIM 1111L1g21L1U11 PR111 111UJL UG aLLQCIIGU 111 UIUGI for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall ! be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httV:/Ii2o.enr.state.nc.ils/nctivetlands/strmRide. htnil, 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information reQardine the application process for the NCWRP, check the NCWRP website at htt1)://h2o.enr.state.nc.us/wrplindex.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetiand mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federaUstate) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPAJSEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate. and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ n--:---l nFr .... --t- _.:.....1.. -- .....:-I- T4..?..-?.....?L... «..-......1...... -- :....1...7-A -, at.- A\t 151V11t11 VllIVV 1114. VV 111V144 Vt1 "a- "lJF V?/11{-` 1 L1V tV?1t1?I11J 1114' "10V VV 111V144V%A "t LAIN applicant's discretion. Will the project impact protected riparian buffers identified within, 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Reauirements). or other (please identify V Yes ? No ® If you answered "yes", provide the, following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact .?..._..._ (square feet „.._ Multiplier ._...? _~....?Required Mitigation 1 3 2 1.5 Total • Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of-I2 If-buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Xl. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surtace waters and wetlands downstream from the property. aua. uv.YUSv uaurvuwi ?: vy.+aa vv vJ v ?. Yj Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. X111. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? ig,thig_an_aRPr-the-fart nermit,anplir_ation7 C , i 1 Yes ? No ? XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent s,*gnature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 . :�:�� � � \�� \ \ � � � � � � � � � � � 9 ��� 2< w\���������. . . >� .�� � � � « � ^ ��w � .� & : � �« (�\\ » � \ ,:f x �y: / . y- > . %.� * * � / <+ ® � \. 506 001 MapQuest:_ Maps :. . - k, Pr (r k E S V, RIF, g Send To Printer Back to Mai 1219 Panther Point Rd Richfield NC 28137-6775 US Notes: ................................................................................................ Crone Creek' Craven P - High Dne.L &Oka Fanthcr This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices © 2004 MapQuest.com, Inc. All rights reserved. httu://www.maDauest.com/mans/nrint.adn?mandat.a=T TAmOT l3hgNY;nn-TP.MihiT T%?S?hnP 1 hPf aknnT) Page 1 of 1 1 ?n ??nna OF 506 001 0 75 150 300 450 600 . FPPt 0.6 L2 1.8 Miles I ??v °v o ? G,?Q" Pyoe' ?Ei9 0 A