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HomeMy WebLinkAbout20031614 Ver 1_Complete File_20030830`o??F wAr??QL q' O T ?_ 'r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, PE., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 15, 2004 Franklin County DWQ Project #: 03-1614 Revised APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar- Pamlico River Steven Montgomery 1604 Johnson Road Plymouth Meeting, PA 19462 Subject Property: Lake Royale, Lot# 477 Dear Mr. Montgomery: You have our approval in accordance with the attached conditions and those listed below, to place fill material in 0.003 acres of waters and 0.003 acres of buffers for the purpose of constructing a seawall and boathouse along 70.07 feet of shoreline as you described in your application dated November 13, 2003. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3399, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 198200080 when the Corps of Engineers issues it. This approval is also valid for the Tar-Pamlico River buffer rules (15A NCAC 213 .0259). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. An additional condition is that stormwater shall be directed to sheetflow at non-erosive velocities through the protected stream buffers. FRA 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), (http://h2o.enr.state.nc.us/ncwetiands Page 2 Mr. Montgomery January 2, 2004 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919- 733-9726. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Joe Faison, Affordable Landscaping, Post Office Box 369, Bunn, NC 27508 Sincerely, F WATF Michael F. Easley, Governor 9p ?0 William G. Ross Jr., Secretary 0 6 North Carolina Department of Environment and Natural Resources \ CO r Alan W. Klimek, P.E., Director O Y Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 2, 2004 Franklin County DWQ Project #: 03-1614 APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River Steven Montgomery 1604 Johnson Road Plymouth Meeting, PA 19462 Subject Property: Lake Royale, Lot# 477 Dear Mr. Montgomery: You have our approval in accordance with the attached conditions and those listed below, to place fill material in 0.003 acres of waters and 0.003 acres of buffers for the purpose of constructing a seawall and boathouse along 70.07 feet of shoreline as you described in your application dated November 13, 2003. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3399, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 198200080 when the Corps of Engineers issues it. This approval is also valid for the Tar-Pamlico River buffer rules (15A NCAC 2B .0259). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These 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), (http://h2o.enr.state.nc.us/ncwetlands Page 2 Mr. Montgomery January 2, 2004 mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that stormwater shall be directed to sheetflow at non-erosive velocities through the protected stream buffers. 3. An additional condition is a final written stormwater management plan, shall be approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the stormwater management facilities, as approved by this Office, must be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-9646 or Bob Zarzecki at 919- 733-9726. Sincerely, Attachment Fim.? , P.E., Dir ctor cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Joe Faison, Affordable Landscaping, Post Office Box 369, Bunn, NC 27508 0'81614 ISSUED i F WETLANDS/ 401 GROUP DEC .2 2 ?_003 The following is an abbreviated application form for those applying for a ft ft, j4LITY SECTION Quality Certification to impact FERC (Federal Energy Regulatory Coregulated 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 (his 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 5475.00 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 i?-?J? 1 C f',L k?l'd? ?? ?/ U I'2ve le i g?., , NLa?1 e oil Ste"` rC , a ? ? '7 l.Q I J 1. Owner/Applicant Information Nance: 54---?e-,7 Mailing Address: IL o ,VIX to Telephone Number:G 16 -.21 - gg9 Fax 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: 50C- RA _i <'c h-) Company Affiliation:- f-1116v JO-b(R, L(i .YYti + X Mailing Address: PO ?2 ???o 'P)i z r)V-) , NL c?1?U Telephone Number:--L? 5'??- 5C)2), Z Fax Number: E-mail Address: - L4--) 16 -- 500 C-t ltd ? H. Project I for ti?? fv\0', ?XvvL1 q l q` vI - 1?J mation 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 12/18/2003 13:36 12524785569 ROYALE REALTY PAGE 01 Lake (Full Pond) Please approximately sketch the following information on this plan (please provide dimensions for each item, such as 10 ft. x 100 ft): 1) AN proposed vegetation clearing (provide dimensions) 2) Location of rip rap or fill to be placed above the Ful Pond elevation 3) Location of rip rap or fill to be placed below the Full! Pond elevation d) The location of my proposed structures such as buildings, retaining raft docks, etc. 3) The location of any excavation or Bridging below the FuH Pond elevation. 6) Location of construction access corridors. Full Pond Shoreline your project. Also, sec 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. 8. Location County:__}'( /2 y-)V-(Af7 Nearest To\vn:_ bL[__ O0 Subdivision name or site address (include phase/lot number):( 4?t Le_ 66Aja. 4 - lAT L{ 7-7 f2 Directions to site please include road nurnbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included)): (,oxy)c, -f 4 e e f vv IGVI n tlh t<T l YYIC "4 PL-I fY_-?) C1 Q Y A 1?2v I I l7y ?? ALA n"LO `!j CA-1 422,QD Y( n-ZZ DOV I l? i 04'? 2. Describe the existing land use or condition of the site at the time of this application:_ Q 3. Property size (acres): n- C..V,!e1D 4. Nearest body of water (stream/river/sound/ocean/lake):_la,Ve- 5. Describe the purpose of the proposed work:_ " I © nt y e h c,+ r k_xt t f" a ??D( ,/Z r 1Ci CI CY?I{' { JC?C -i C tti 1()X I y ' 6. List the type of equipment to be used to construct the project: ??C???? vu (p? bpb C'Gt`t 7. Amount et .) bel I Nn of impact (including all excavation, backfill, rip rap, retaining walls, ,w the normal pool lake level in square feet or acres: R2 ncava:ckr, Sr / I u U. j Li Tf- 2 h, n V In n 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: _?!-4v (,?,i Q ,v a- V. R ILO. . 19 Z ht.X O -ILIA C.", a b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be mn?,a cted (number of trees for instance):J,kZ ? (2P 64r-& tai (1 V-X- d,(5t2,? 4?< Applicant/Age (Agent's signat I,///3/ad6,? an authorization letter from the applicant is provided.) 12/18/2003 13:36 12524785569 ROYALE REALTY A-If a ° ' No o /?? yrz5 G? ? ?Op q V IA ?t 4A 10 r PAGE 02 Nz.