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HomeMy WebLinkAbout20040978 Ver 1_COMPLETE FILE_20040617f O?O? W AT ?9QG co r ? =1 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 el.. 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 '- E i ? C 1 cyY ,L c:v 5 i 0 i - .mss-s _. s r?s 2 cj r. G2. S d ` n,, 5? 7 ry Y?kA f , ' so o ?' o I .S / 0 0 1? S z a 0 0 0 0 N 5 - 5 i V ?i ? G 1,11i, .iffy YOUTH GROUP O: . TENTCAMPING ppS 3 Oe -` `? c ?` f c3. e" ® du 77 , %C c co 6.6 mt. ( y oe G co dpP t o` rm pMoipe Mtn: Tr. ti FAMILY ?? \Rd. 5 2 mi. CAMPING YATES PL CABINS e.,°od SUS eFzga y? ? ;.?meLake . p ?, ens ? n i; •; p? 3 0 ?e 3 '' / . J. - oa-` I o$r m4.GCeq?b CAMPCRLNGt ld`?,'' ?','r s a ?. ;9d1. ? ,Hq e ?` 1rf Loop Tratl Jasmine Ct. RQ :` k% Oi8 m1. wotyee ry wey f? T,( - IJ i, FdXprrn Dr. dt /p ' ,.`?` 'LDuckvreed Tr.? .. . .. ; d in Tr G\odielter ?r ?p ?Jpn ( c 1]30 F.. `.T'ab' JlGfr O 9q Qar c?'rei/ocd / ? Dr \ Y p?arVdY o 5 C?. Arroltih Z•. F e\e\d' Lan> 1 eau 0... s o r' ``acaf a n Rd? e?? 0 Liberty Hill - _..5.r 9o, /yoo p°n w 1 CAMPGROUND- N576000 4I ? Skyland o c 3 .`, ? r ` ' WOODRUN oa' l x p Ct \ pra i p{„ CAMPGROUND.... 3 Liberty IM C, Ur YdhiteCrest m Church ?` Y}/be r T, ?ri1 = i ¢ 61 Church L r• ¢ttIkOv QG?. SFF ; ! ITL\J y6 %?> a, V P°wa??'°cn.. '?iag'??fj ". •,:.:.,(7 1"-_- s a Lemons % m ( F ,. 1 ? rg ro`h - Q'-' _ X24 o¢° 27 sho 4??e? cae aNO n 9 :0 G '' ? _ c ,090 ?? - P: ? ? s, e Spores ¢ ? -- t If A e f r° 1 t Maybe Dr( 3 4 mr o62a: a?, A° -cf 'Tradition 73 s Magpr.l a Harp Dr. C`o SEE INSE N3 j N550000 05 5 Norwood pry , Pa Beach :;,],e c o _ _? ?JQo ? o P 6° F Acorn Acres W - ?m? !F ?O,d i tad ` io ?/ ? pp1k0 ?.??' a: O. ar O` ° ? ? Carpe ?m ,apo? 0??c y. ?H_. re I R WADE6 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