HomeMy WebLinkAbout20041527 Ver 1_COMPLETE FILE_20070821e
Michael F. Easley, Governor
CD
September 21, 2004
r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1527
Jackson County
Michael H. & Bridget B. Bagley
2750 Wyngate Drive NW
Atlanta, GA 30305
Subject Property: Lot# 3, Lake Glenville, 1070 North Norton, Glenville, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Ms. Bagley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.015 acres of waters and 1,550 square feet of buffers for the purpose of
installing dry stack stone boulders to stabilize 230 feet of shoreline at the subject property, as described
within your application dated September 9, 2004 and received by the N.C. Division of Water Quality
(DWQ) on September 13, 2004. After reviewing your applica?on, 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 t?e 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 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
Shoreline 230 (feet)
Waters 0.015 (acres)
Buffers 1,550 (square ft.)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650,
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httr)://h2o.enr.state.nc.us/ncwetlands
None Carolina
Naturally
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Michael H. & Bridget B. Bagley
Page 2 of 3
September 21, 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. I.+..
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
f
Michael H. & Bridget B. Bagley
Page 3 of 3
September 21, 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 Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500.
AWK/bs
Enclosures: GC 3373
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
G'
cc: Mountain Lake Permit, 878 Mountain Cove Road, Waynesville, NC 28786
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 04-1527 Michael and Bridget Bagley (Jackson) 401
MOUNTAIN LAKE PERMIT SERVICE
BETH MOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786
TELEPHONE: 828/456-8195
FAX: 828/456-6554
E-MAIL: DRBMOST@ASAPGROUP.COM
September 9, 2004
North Carolina Division of Water Quality 041527
Attention: John Dorney
2321 Crabtree Boulevard
Parkview building
Raleigh, North Carolina 27604
Subject: Application for Shoreline Stabilization - Dry Stack Stone Boulder
Michael H. & Bridget B. Bag
Mailing Address: 401 IS'--UEm
2750 Wyngate Drive NW
Atlanta, GA 30305
1NETLANDS 1401 GROUP
Property Address:
Lake Glenville - North Carolina SEP 13 2004
Lot 3
1070 North Norton WATER QUALITY SECTION
Glenville, NC 28736
This Letter is a Summary of the Enclosed Application for Shoreline Stabilization.
One original and seven copies = Total of eight enclosed
1. Letter from Duke Power - Nantahala Area Lake representative
2. Abbreviated Application Form - 401 Water Quality Certification
3. Check for $200.00 Application Fee
4. Agent Authorization Letter
5. Plat
6. Road Map
7. Directions
8. Pictures
9. Plan sketch (2)
10. Self addressed envelope with postage
Cc: Duke Power Company - Charlotte, NC
U. S. Army Corps of Engineers - Asheville, NC
Mr. Dave McHenry - Mountain Region Coordinator - Waynesville, NC
DP Duke
Power®
A Duke Energy Company
August 31, 2004
Michael H. & Bridget B. Bagley
2750 Wyngate Drive NW
Atlanta, GA 30305
Mr. & Mrs. Bagley:
Duke Power
526 South Church Street
P.O. Box 1.006
Charlotte, NC 28201-1006
I understand that you are requesting an application to stabilize the shoreline in front of your
property at Lake Glenville, address 1070 North Norton, ID 7563-62-7600, lot 3, that adjoins Duke
Power property. After looking at the property, I do not have a problem granting your request
provided all current shoreline management guidelines are followed.
Should you or your contractor have questions, please feel free to contact this office at (828) 369-
4513 or by cell phone (828) 506-2449
Sincerely,
G?a ? "6d-'-QN
Dale R. Mosteller
Duke Power Company
Nantahala Area Lake Manager
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
1. Applicant Information
Owner/Applicant Information
WETLANDS,1401 GROUP
SEP 13 2004
WATER QUALITY sECTIoN
Name: Michael H. & Bridget B. Bagley
Mailing Address: 2750 Wyngate Drive NW
Atlanta. GA 30305
Telephone Number:404-885-641 SFax Number:N/A
E-mail Address: N/A
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: Beth Mosteller
Company Affiliation: Mountain Lake Permit Service
Mailing Address: 878 Mountain Cove Road
Waynesville, North Carolina 28786
Telephone Number: 828/456-8195 Fax Number: 828/456-6554
E-mail Address: drbmost@asqpgroup.com
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
focal 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: Jackson Nearest Town: Cashiers
Subdivision name or site address (include phase/lot number): N/A / Lot 3
Directions to site please include road numbers, landmarks, etc. (This is not
necessary is an adequate vicinity map is included: From Sylva travel Highway
107, turn right onto North Norton Road house number 1070 North Norton.
2. Describe the existing land use or condition of the site at the time of this application:
Sin le-famil dwelling
3. Property size (acres): 1.93
4. Nearest body of water (stream/river/sound/ocean/lake): Glenville
5. Describe the purpose of the proposed work: To apply dry stack stone boulders 5 feet
high and 230 feet of shoreline to help stabilize the shoreline and prevent further
erosion.
6. List the type of equipment to be used to construct the project: Rubber track track-
hoe hand
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 3 feet x 230 feet =
690 square feet
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 feet x 230 feet + 3 feet x 230 feet + 8 feet x 50 feet = 460 +
690 + 400 = 1550 square feet
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No trees will need to be
removed Mulch will be applied to disturbed area.
6
Applicant/Agent's Signature ' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
MOUNTAIN LAKE PERMff SERVICE
BETH MOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786
TELEPHONE & FAX: 828/456-8195
E-MAIL: DRBMOST@ASAPGROUP.COM
To: North Carolina Division of Water Quality
Subject: Authorization Letter
Property ID 7563-62-7600
Lake Glenville - Lot 3 - 1070 North Norton
Shoreline Stabilization - Dry Stack Stone Boulder Wall
I give Beth Mo teller of Mountain Lake Permit Service Authorization to sign as
my agent =y application for shoreline stabilization.
Michael H.
Signature
Bridget B. Bagley
Signature
ct -q -vK
Date
q LI-0a
Date
Jackson County Real Estate Data
Parcel Summary
PIN # 7563-62-7600 Owner Account ID 111575
Location Address Property Description
SR1145 ¦ LT 3
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Property Owner Owner's Mailing Address
BAGLEY, H MICHAEL 2750 WYNGATE DR NW
BAGLEY, BRIDGET B ATLANTA GA,30305
Administratve Data Transfer Information
Acreage 1.93 Per Deed
Map Sheet 7563.04 Book/Page
Plat Reference Deed Date
Census Tract 9508 Instrument Type
City Boundary * Revenue Stamp
Township Hamburg Sale Price
Fire District Additional Ref.
History ID 1
History ID 2
Property Location Address
SR1145
-,Assessed Value
Land Value $ 182,000
1146/0654 JTot. Bldg. Value $ 108,800
2002-03-18 Tot. Out Bldg. $ 0
* I Val.
535,000 !Total Deferred
* Value
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Michael H. Bagley
1070 North Norton Lot 3
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DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can
have a big impact on permit processing time. Please complete this form and return it along with
your completed permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name: Michael H. & Bridget B. Bagley
Type of Permit Requested
Street Address (at lake): 1070 North Norton Glenville, NC, 28736 "Circle":
Lake Name: Glenville Private Facility
Commercial Facility
Subdivision Name: N/A Excnvqti ' n
Stabilizatio
Property Section: N/A Lot # Lot 3 Conveyance
Miscellaneous Uses
City: Glenville County: Jackson
State: NC Zip: 28736
Telephone: 404-885-6415
Directions (from major road or highway):
From Sylva travel Highway 107, turn right onto North Norton Road, house number 1070 North Norton.
Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc):
Single-family dwelling
*Note: Please use the back of this form if desired to draw us a map to the site.
MOM'
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Lake (Full Pond)
Full Pond
Shoreline
Cleared area
8ftx230ft
Pathway
8ft x50ft
below full pond
riprap3ftx2-3 ft
above full pond
dry s ac s one 2 ft x 230 ft
Filter fabric between
Surge stone 3 ft x 230 ft
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 1Oft. x 100 ft):
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 dredging below the Full Pond
elevation.
6) Location of construction access corridors.
• 230.00'
• Above full pond, stone boulder wall will be approximately 230 feet long
and 5 feet high. The dimension of stone boulders (native rock will be
approximately 8 inches high x 3 feet long x 2 feet wide). Below full pond
3 feet rip rap (Class B - 5'-15' size).
Dry Stack Boulder Wall
Dry Stack Boulder Wall
5 feet high - 2 feet wide - 230 feet Ion
Full Lake Level
3 feet 0
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Riprap slope no
greater than 1 to 2
1 Riprap
2 (Class B - 5'-15'