HomeMy WebLinkAbout20040902 Ver 1_COMPLETE FILE_20040604OF \NArF9 Michael F. Easley, Governor
? Q William G. Ross Jr., Secretary
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7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
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Q 'C Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 16, 2004
DWQ Project # 04-0902
Montgomery County
Page 1 of 2
Victor Matthews
3963 Hutton Lake Port
High Point, NC 27265
Subject Property: Lot# 28, Livenston Point
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Matthews:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.006 acres of wetlands, 84 feet of shoreline and 0.006 acres
of buffers for the purpose of installing rip rap and 2 inch stone at the subject property, as
described within your application dated May 21, 2004 and received by the N.C. Division of
Water Quality (DWQ) on June 4, 2004. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3373 (GC3373). The
Certification(s) allows you to use General Permit Number 198200030 when issued by the US
Army Corps of Engineers (USACE). 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. 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 211.0506 (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:
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetlands)
Applicant: Victor Matthews
Page 2 of 3
Date: June 16, 2004
Amount Approved
(Units) Plan Location or Reference
Shoreline 84 (feet)
404/CAMA Wetlands (acres)
Waters 0.006 (acres)
Buffers 0.006 (s uare ft.)
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-Awned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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. 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
Applicant: Victor Matthews
Page 3 of 3
Date: June 16, 2004
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.
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.
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 Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486-
1541.
Sincerely,
AWK/bs
Enclosures: GC 3373
Certificate of Completion
P , P.
cc: Butch Brown, Brown Construction, 164 Dogwood Lane
USACE Wilmington Regulatory Field Office
DWQ Fayetteville Regional Office
File Copy
Central Files
Filename: DWQ# 04-0902 Matthews (Montgomery) 401
9
,M
401 MUED
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 WETLANDS 1401(*Mp
FILE L"I"OPY JUN0
4 2004
1. Applicant Information WATER QUALITY SECTION
1. Owner/Applicant Information
Name: V 7_0 6 - M 12 -TTh(`w v
Mailing Address: 3 y 1I aka N 1 6. y e 19r f T
1-1',4 Ac;r, T NC ;7 7a x S
Telephone Number -3-m -9 9,,7 - 3 ?,r- Fax 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: Bu Tch ?iRc w n?
Company Affiliation: Cc ,? S Tf'vc ?,'(saJ
Mailing Address: It) ti /? ?, t??? ? /? v?? r
&2Z i r .1rX'V1 V) G 1 Z 341h
Telephone Number: 0/0 -JV y- PV Fax Number: y/G -1f 3 - I3
E-mail Address: b b 2 o W 0? 00 N "e c T IJ c, Oe 7-
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
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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: M d w i q o #)pft U Cea pU Nearest Town: M w,c .
Subdivision name or site address (include phase/lot number): j 19' )_, e0V5J'"aw A;N r
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): fC e ^9,0,,; /? ?fAG/r r??Q
2. Describe the existing land use or condition of the site at the time of this
application: Res :ale V r4 1
3. Property size (acres): 17
4. Nearest body of water (stream/river/sound/ocean/lake): 2-Ah-e 77YJr&o
5. Describe the purpose of the proposed work: 1?t a ;/i .; 7o Zee? 7- h _< e- . A vi J
&A('(Arok" F 2- itic A [J rh igd r/> [t..J.4Jl A0? / Pif_ 414,e n,
A? N /AN E' ,,; : d t'
6. List the type of equipment to be used to construct the project: f30 6 LAT / 100 I/a IVd
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: j 'q S 7-1116 7-:y c /` E r i f ,f ; r? %r R r
-? ?' S4ArT
8.
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: / y 1/ SA T
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): JJ 0 N e
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
BUTCH BROWN CONSTRUCTION
104 DOGWOOD LANE
MT. GILEAD NC 27306
PHONE 910-439-1384
Lake (Full Pond)
) ? - - _ ?y - "?' ;? %NC?j SjON
a rr..e
Please approximately sketch the fowing irnformabion on this plan
(please provide cnensions for each Item, such as 10 ft. x 700 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 Fu® Pond elevation
+t) The location of any proposed stmtures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
8) Location of construction access corridors.
1 of 1
Location of Construction.
Mr. Victor Matthews
Lot 28 Livinston Point
Mt Gilead N.C. 27306
Brown Construction
104 Dogwood Lane
Mt Gilead N.C. 27306
910-439-1384
5-21-04
Construction to be as follows.
The construction of a 12ft x 4-ft sea wall, this seawall is to be constructed of
treated lumber.
The present sea wall is 73 ft x 4 ft and the new area of the seawall which is to be
12ft x 4 ft is to be backed filled with 2 inch stone, and riprif stone is to be placed
on the lake side as per Progress Energy specifications.
The above stated is the only new construction to be done on this site.
Butch Brown
Brown Construction.
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BUTCH BROWN CONSTRUCTION
104 DOGWOOD LANE
MT. GILEAD NC 27306
PHONE 910-439-1384
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