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HomeMy WebLinkAbout20041103 Ver 1_COMPLETE FILE_20040707W AT ?RQG Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P. E. Director p C Coleen H. Sullins, Deputy Director Division of Water Quality July 16, 2004 Charles D. Greene 104 Greymist Lane Cary, NC 27511 Subject Property: Norwood Beach subdivision, Lot 61 on Lake Tillery Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Greene: DWQ Project # 04-1103 Stanly 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 0.027 acres of waters and 1190 square feet of buffers for the purpose of replacing a boathouse and pier at the subject property, as described within your application dated July 5, 2004 and received by the N.C. Division of Water Quality (DWQ) on July 7, 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 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: Amount Approved (Units) Plan Location or Reference Waters 0.027 (acres) Buffers 1190 (square ft.) N. C. Division of Water Quality, 401 Wetlands Certification Unit, R 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) --MM 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Charles D. Greene Page 2 of 3 July 16, 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. 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 Charles D. Greene Page 3 of 3 July 16, 2004 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 Daryl Lamb in the DWQ Winston Salem Regional Office at 336-771-4600. Sincerely, AWKIbs Enclosures: GC 3373 Certificate of Completion cc: USACE Raleigh Regulatory Field Office DWQ Winston-Salem Regional Office File Copy Central Files e.imek,E. t Filename: 04-1003 - Charles Green (Stanly) 401 S?. % COP 4^1 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. 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 01111®3 WETLANDS/ 401 GROUP JUL 0 7 2004 1. Applicant Information 1. Owner/Applicant Mailing WATER QUALITY SECTION Telephone 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: 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 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 t County: I V Nearest Town:-Nlm- Subdivision name or site address (include phase/lot number):Lof- C 01 1 Directions to site please include road numbers, landmarks, etc. (This is necessary if an adequate vicinity map is included): HWV 5.2 sntA . I- 2. Describe the existing land use or condition of the site at the time of this application: R 1??2 I 3. Property size (acres): . IS to 4. Nearest body of water (stream/river/sound/ocean/lake): Lkke -r f l e r v 5. Describe the purpose of the proposed 6. List the type of equipment to be used to construct the 7. Amount of pat [(including all excavation, backfill, rip rap, etaining walls, etc.) below the normal pool lake 1 vel in Spgare feet or acres: t 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:rfL ?t{,n rQ 4e+ of (mdT r JJe ae hJO'%f "S', b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): a rnSsv Ia (ArM 1A IA A - , - Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Application for Approval Form for Soil Disturbance Progress Energy - Lake Tillery Charles Greene 104 Greymist Lane Cary, NC 27551 919-387-6553 Description of Desired Facilities • Single story, single bay boat house with hip roof measuring approx 15'x30'. Storage room measuring approx 8'x12'. Pier measuring approx 5'x18'. Deck areas measuring approx 16'x14' and 16'x16'. Total square feet of water dependent structure is approx 1190 sq. ft. including overhang. Dimensions of Desired Facilities • See enclosed plan for dimensions. Existing Facilities • Pier 614 sq.ft. • Boathouse 252 sq.ft. • Total 866 sq.ft. Plan for disposal of dredged material • No dredging planned Resource Impacts Assessment • The area of the proposed project is occupied by an existing pier and boathouse structure and seawall. The seawall will remain intact, and only the pier and boathouse will be removed to make way for the new structure. There is no vegetation growing in or around the area affected by the project. Soil disturbance will be limited to the removal of existing pier posts and the installation of new posts. Any potential impact to water quality or fish habitat should be negligible. Schedule • August 2-6 Removal of existing structure • August 9 New Construction begins • September 3 Project Completion Agency approvals • U.S. Army Corps of Engineers o Not applicable, no seawall or dredging • N.C. Division of Water Quality o Not applicable, no seawall or dredging • N.C Department of Cultural Resources o requested A o Ail PVQJ 1 {yt _ tz4 _ L L L fie } i t] L' , o South mont Dr ? a ?a• 1 r c'y G .? ?rna5ald?' ?? CL r Harbor Ln .'ti 4 u P1!t° 3;t?e X41 vg Avr < 1 ., "4r+ -- * , rrl ti t7 6+ East St rti Jinc. L C ?_ ?? V IV f!i IYJ N> _ t •y C• ? ?i a-t ?;1GGF. C E 1 +' 330 Lij %Q v?= 35 a 0 was a • \n _ (08f 35? 4 O . ?i r-I ?s 10 (7711ery Plant lands) Pcrcej .112 or 46. Gam. T9 Pg. 478 'V A. ti Tj ELZ&19 Fr Ayr? Ar R" L polo as s ' d r 59 60 82 ss o . -_ Jam- Sa ? • ?'? ? ,,,,, _... _.. _,?• .. - -- _.....-__ ,Wood - 66 ee " i ? ? f k ca 5 s a ? r r?• 3fi *. .. ` •rrj ?W? T 38 r w 3 r + sFAW '"M • w'AW- 41 F y? .r+r 1'.Ir + /JJf ski ` 43._ a srr. Or a 'r4 ? !rte -!T-y 1V o' 46 i? v 7II;r tj oft" +1i 1 r Aww c?1f 54 33 40' b Q ?fi? ie?t Wi1r?Aklk Ctli.f 1rAU . i?y ? +' C ? f.? arN t I-trw r*m rt 5 , :Sum IER OF DEEDS The of 140"h Camfirrs. G?a?y Coin Itt1`Y' N !`! rr.;;r h . r.?trtir.,yte(.t?'raf Ist'7UVA4RY 1 CA #9011`NA ??P jC PQR/r?rOAI. D- fil TRA 1VOUIL STi1Nt Y Col# ego 06 O Lake (Full Pond) Plea proxkunatety sketch the fo wing i forma ion on this plan W ase provide cUmertsions for each item, such as io #t. x IGO ft) 1) AU proposed vegietation cluing (provide dltnen rrs) .2y Location of rip rap or fill to be placed above the F4A Porn elevation 3) Location of rip rap or fill to be placed below the Fri Pond elevation )1 t location of amt proposed structures such buildings, retaining waft. dock o, etc, The at n of any excavation or dredging below the Full Pond elevation. li) Location of construction access corridors.: ??V