HomeMy WebLinkAbout20041879 Ver 1_COMPLETE FILE_20041122
O?O? W A ??9pG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 3, 2004
James C. Bryson
44 Prism Lane
Cullowhee, NC 28723
Subject Property: Lake Glenville
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bryson:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1879
Jackson County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.019 acres of waters for the purpose of installing dry stack stone boulders to
stabilize 280 feet of shoreline at the subject property, as described within your application dated
November 18, 2004 and received by the N.C. Division of Water Quality (DWQ) on November 22, 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
Shoreline 280 (feet)
Waters 0.019 (acres)
Buffers n/a (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: http://h2o.enr.state.nc.us/ncwetiands
None Carolina
Xturlill
An E ual 0 ortuni /Affirmative Action Em to er-50% Re cled/10% Post Consumer Pa er
1
James C. Bryson
Page 2 of 3
December 3, 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,
,s
i
James C. Bryson
Page 3 of 3
December 3, 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 Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
AWK/bs
r Alan W. Klimek, P.E.
Enclosures: GC 3373
Certificate of Completion
cc: Beth Mosteller, Mountain Lake Permit Service
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 04-1879 James C Bryson (Jackson) 401
401 ISSUED
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
November 18, 2004
North Carolina Division of Water Quality
Attention: John Dorney
2321 Crabtree Boulevard Parkview building C41879
Raleigh, North Carolina 27604
FILE C?P'd
V(K_?117112oep= P
NUV 2 2 2004
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Subject: Application for Shoreline Stabilization - Dry Stack Stone Boulder
James C. Bryson
Mailing Address:
44 Prism Lane
Cullowhee, NC 28723
Property Address:
Lake Glenville - North Carolina
SR 1147 ID 7553-89-9279
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 PAY[WENT
6. Road Map PECCEI VED
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
i
i
r Duke
dbPower®
A Duke Energy Company
November 4,
2004
James C. (Jimmy) Bryson
44 Prism Lane
Cullowhee, NC 28723
Mr. Bryson:
Duke Power
526 South Church Street
P.O. Box 1006
Charlotte, NC 28201-1006
I understand that you are requesting an application to stabilize the shoreline in front of
your property at Lake Glenville, lotation 44 Prism Lane, ID 7553-89-9279, 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,
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
I. Applicant Information
1. Owner/Applicant Information
Name: James C. Brvson
Mailing Address: 44 Prism Lane
Cullowhee, NC 28723
Telephone Number: 828-743-3375 Fax 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(@asapgroup.com
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
County: Jackson Nearest Town: Cashiers
Subdivision name or site address (include phase/lot number): N/A / SR 1147
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, turn right onto Prism Lane house number 44
2. Describe the existing land use or condition of the site at the time of this application:
Wooded, residential lake lot, with existing house.
3. Property size (acres): 2.69
4. Nearest body of water (stream/river/sound/ocean/lake): Glenville
5. Describe the purpose of the proposed work: To applyyry stack stone boulders 4 foot
high and 280 feet of shoreline to help stabilize the shoreline and prevent erosion
6. List the type of equipment to be used to construct the project: Rubber track-hoe, skid
steer, bob-cat and 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 280 feet = 840
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 280 feet + 3 feet x 280 feet + 8 feet x 50 feet = 560 feet
+ 840 feet + 400 feet = 1800 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 the disturbed area
A.i. -n 62L//-i S -4 Y
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Mountain Lake Permit 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 7553-89-9279
Lake Glenville - SR1147
Shoreline Stabilization - Dry Stack Stone Boulder Wall
I give Beth Mosteller of Mountain Lake Permit Service Authorization to
sign as my agent on my application for shoreline stabilization.
ja-?'O lz? d
es C. Bryson
Signature Date
?: -_ ,
?., a? A
'_ ? ,
.',
'? ?n?`
Jackson County Real Estate Data
Parcel Summary
PIN # 7553-89-9279 Owner Account ID 84175
Location Address Property Description
SR 1147 SR 1147
¦?¦ off W ¦?7¦
Property Owner
BRYSON, JAMES C FCULLOWHEE er's Mailing Address
RISM LANE
NC,28723 Property Location Address
SR 1147
Administratve Data Transfer Information Assessed Value
Acreage 2.69 Per Deed Land Value $100,000
Map Sheet 7553.02; Book/Page 0676/0289 Tot. Bldg. Value $ 0
Plat Reference Deed Date 1987-10-05 Tot. Out Bldg. $ 0
Census Tract 9508 Instrument Type Val.
City Boundary * Revenue Stamp
Township Hamburg Sale Price 0' Total Deferred $ 0
Fire District Additional Ref. Value
History ID 1
History ID 2
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: James C. Bryson
Street Address (at lake): 44 Prism Lane
Lake Name: Glenville
Subdivision Name: N/A
Property Section: N/A Lot # SR 1147
City: Glenville County: Jackson
State: NC Zip: 28723
Telephone: 828-743-3375
Directions (from major road or highway):
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
bilizatio
Conveyance
Miscellaneous Uses
From Sylva travel Highway 107, turn right onto North Norton Road, turn right onto Prism Lane, house
number 44
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.
44
S?
'ham ?.4
k
a
X+ p
I All
i?
'Wt 1 ? +1
tn,
fi _- i SAS. ? C,
w
:.rya
Lake (Full Pond)
Full Pond
Sho eiine
below full pond
rip rap3ftx28 ft
above full pond
Cleared area ry sac stone 2 ft x 280 ft
8ft x280ft Filter fabric between
Surge stone 3ft x280ft
Pathway
8ft x50ft
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10ft. 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.
• 280.01" Above full pond, dry stone boulder wall will be approximately 280 feet long and
4 feet high and 2 feet wide. The dimension of stone boulders (native rock will be
approximately 1 feet high, 3 feet long, 2 feet wide). Below full pond 3 feet rip rap (Class
B - 5'-15' size).
Dry Stack Boulder Wall
Dry Stack Boulder Wall
4 feet high - 2 feet wide - 280 feet Ion
Full Lake Level
3 feet 0
0
?
Q ?0
0 0 ?
OO ??
Riprap slope no
greater than 1 to 2
1 Riprap
2 (Class B - 5=151