HomeMy WebLinkAbout20040978 Ver 1_COMPLETE FILE_20040617f
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Craig A. Spry
208 Rayadon Place
Charlotte, NC 28078
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 30, 2004
Subject Property: 455 Deerfield Road, Mt. Gilead, NC 27306
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Spry:
DWQ Project # 04-0978
Montgomery County
Page 1 of 3
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.007 acres of waters, 109 feet of shoreline and 327 ft2 of buffers on Lake
Tillery for the purpose of constructing a seawall at the subject property, as described within your
application dated May 29, 2004 and received by the N.C. Division of Water Quality (DWQ) on June 17,
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 (USAGE). 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 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:
Amount Approved
(Units) Plan Location or Reference
Shoreline 109 (feet)
Waters 0.007 (acres)
Buffers 327 (square ft.)
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), (htta:Hh2o.enr.state.nc.us/ncwetlands)
Alan W. Klimek, P. E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
Craig A. Spry
Page 2 of 3
June 30, 2004
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.
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 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,
Craig A. Spry
Page 3 of 3
June 30, 2004
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,
/Alan W. Klimek, P.E.
AWK/bs
Enclosures: GC 3373
Certificate of Completion
cc: Butch Brown, 104 Dogwood Lane, Mt. Gilead, NC 27306
USACE Wilmington Regulatory Field Office
DWQ Fayetteville Regional Office
File Copy
Central Files
Filename: DWQ# 04-0978 Craig Spry (Montgomery) 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 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
.(0N 1 7 1004
1. Applicant Information
1. Owner/Applicant Information
Name: ? 1+ i
Mailing Address: ?
2
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WETLANDS 1401 GROUP
WATER QUALITY SECTION
Telephone Number: 'It" tl•> Fax Number:
E-mail Address:
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: 13u7_ct, fl /?/1O-P - ,
II.
Company Affiliation: / A'D ¢ao Ivl 0 A. Mailing Address: / 0 '-/ ?,,,,, n -/,
Telephone Number: 91 P 1-k (> -/ o' ?` L4 Fax Number: '/ 0 41,F Q
E-mail Address:
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: ffi 0,\) T c.? r: Sri r. ; c Nearest Town: C-
Subdivision name or site address (include phase/lot number): 1
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:
3. Property size (acres): , So A ,, /
4. Nearest body of water (stream/river/sound/ocean/lake): s? Ire> r"'yre
5. Describe the purpose of the proposed work Y
6. List the type of equipment to be used to construct the project: /)i v r! xor 130,6 (?6 i
n L % //t % i f <2jo,c
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: 2'r 1,.,..> fl `_ l?elr <; f ;'?<<« rf"k ?r
(7.c?t'f DPT?fr 77 A ?'- rhF? l"'??arj0
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):_ k o hr e
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
, f,(,ise/-, w'4 xf
Please approximately sketch the following information on this plan
(please provide c9menslons for each item, such as io ft. x€100 It);
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 dridging below the Full Pond
elevation.
6) Location of construction access corridors.
To whom it may concern.
I hereby authorize Butch Brown D.b.a., Brown Construction to act as my agent
for the construction we are proposing to do on Lake Tillery.
7
Graig Spry
208 Rayadon Place
Charlotte N.C. 28078
704-948-0088
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1 of 1
Brown Construction
104 Dogwood Lane
Mt Gilead N.C. 27306
910-439-1384
Owner Name and Address
Craig A. Spry
208 Rayadon Place
Charlotte N.C. 28078
Location of Construction
566 Deerfield Road
Mt Gilead N.C. 27306
Montgomery County. Pee Dee Township.
See map attached.
Proposed Construction.
5-31-04
This request is for the permission to construct a treated lumber sea wall on the
shoreline of the above stated location. The sea wall is to be constructed with
treated lumber and is to be 109 ft long and 3 ft to 4 ft high. The sea wall is to be
backed filled with 2 inch stone on the shoreline side of the sea wall. Also, there is
to be riprap placed on the lakeside of the sea wall to meet P.E.C specifications.
There will not be any no dredging on this side; there is no vegetation on the lake
at the location.
The above stated construction is to meet all specification and requirements.
Butch Brown