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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 e„ C-.l r\nn 4-; /Af4i..., 4h- A MI- i ,, . - rnol Q, , dndN no/ 0-4 P---- o...,... 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 ef... ?'?!? ¦ Search 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 "r, 114" 4t 0, ti KUt.-T-hnob yes, Inc CO 9 pYrght (C) 2007-200a Michael H. Bagley 1070 North Norton Lot 3 ?`?. Fla e.u I ,r:-. r- _ r a °i `J, ate' 1 11 ? I 'F? I I 1) l 1 4? t ? -, 005 ? t f? p/IIq i r s J .. 4 Norton 1, }\ Per., "'E'.. "r rv • • 4. i ? 102004 Yahoo! W ? ''•w ;=?.? c@2003 NAVTEO• 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' 1011", ,.a ,� � � . "x'"�,',""' ,� .��7 '" -- 1C..ar. .i—" Fu._ z �?�"� _ __ �. �gmay.,. �_ r �'. � er{' 'GAf7'4 .� .TL �' � � 1 � iliG�l.. 4 � _ 'c ��� R AN. � �, a _ aF: I. 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 Q O ? . OQ o O ? Q O OO 00 Riprap slope no greater than 1 to 2 1 Riprap 2 (Class B - 5'-15'