HomeMy WebLinkAbout20001462 Ver 1_COMPLETE FILE_20001120State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
AT4?lw
D E N R
December 5, 2000
DW Q# 00-1462
Davidson County
Donald G. and Nancy B. Fulk
423 Jones Road
Winston-Salem, NC, 27107
APPROVAL of 401 Water Quality Certification
Dear Mr. and Ms. Fulk:
You have our approval, in accordance with the attached conditions, to excavate 0.3 acre of lake bottom within the Abbotts Creek portion
of High Rock Lake for the purpose of boat access to your property in Davidson County, as you described in your application received by the
Division of Water Quality on November 20, 2000. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3280. This Certification allows you to use Regional Permit Number 198200030 when the Corps of
Engineers issues it. 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. Also this
approval will expire when the accompanying 404 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. If you change your project, you must
notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a
copy of the 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). For this approval
to be valid. you must follow the conditions listed in the attached certification.
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 1506 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.
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
Sincerely,
J"Frrtevens
001462
Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
A 1462, Donald and Nancy Faulk, Davidson County
Subject: 00 1462, Donald and Nancy Faulk, Davidson County
Date: Mon, 04 Dec 2000 15:13:51 -0500
From: Jennifer Frye <jennifer.frye@ncmail.net>
Organization: NC DENR Water Quality
To: "cyndi.karoly" <cyndi.karoly@ncmail.net>
CC: Todd St John <Todd.St.John@ncmail.net>
Staff report completed.
( I copied Todd on this - he has been in contact with and aiding the
applicant) -
I didn't see any problems with this excavation; seemed routine.
Jennifer
Jennifer Serafin Frye
Division of Water Quality
NC Department of Environment and Natural Resources
Winston-Salem Regional Office
Winston-Salem, NC 27107
Voice: 336-771-4608 ext. 275 Fax: 336-771-4630
I of I 12/4/00 3:26 PM
RE: Checking on Process ol'Pcrmit
Subject: RE: Checking on Process of Permit
Date: Mon, 4 Dec 2000 15:15:47 -0500
From: "Fulk, Nancy B." <FULKNI@RJRT.com>
To: "'Todd St. John"' <todd.stJohn@ncmail.net>
Oh me! I'm not sure if I know what you want. The area to excavated is at the end of
the ramp and the end of the pier. Also around
the area where the floater resides. When we get finished that area should be approx.
9 feet deep when the water is up (which rarely
happens). I figure that if we take out 3 to 4 feet of dirt and the water is at 5
feet below full, then we would have about 4 feet
of water the majority of the time.
From the end of the ramp to the end of the pier
feet wide. Then beyond the pier we would
probably need to take dirt out approximately 60
Then around the floater approximatelyan area of
to 40 feet on all sides. Of course everything w
have any drop offs. Beyond our pier the water
is about 9 feet deep at full pond so we want to
is approx 64 feet and the ramp is 16
feet beyond the end of the pier.
30
Duld have to be sloped so we would not
get to that depth of course.
Have I helped or confused you. We just want to have some water when we go to the
lake. Thanks, Nancy
`( Oct
> -----Original Message----- 44fa> From: Todd St. John (SMTP:todd.st.john@ncmail.netl Y
> Sent: Monday, December 04, 2000 2:11 PM
> To: Fulk, Nancy B. 7%W G! 40c C 1
> Subject: Re: Checking on Process of Permit //. ye?•?o
> Our office requested that the Winston-Salem Regional Office comment on the
application. One thing that was missing that you can
> probably tell me via email is what is the area to be excavated. You included a
drawing (attachment 4), but dimensions were not
> provided. Is that drawing to scale or could you provide the dimensions?
> "Fulk, Nancy B." wrote:
> > Mr. St. John,
> > I thought I would check on my permit request to do some excavating at High Rock
Lake. I mailed all the required documents and a
> > $200 check on November 17, 2000. It may be too early to be expecting a response
but I was hoping I had done everything
> correctly.
> > If you have access to the file/request would you please let me know how
everything is going.
> > Thanks in advance for your help,
> > Nancy Fulk
> > CONFIDENTIALITY NOTE: This e-mail message, including any attachment(s), contains
information that may be confidential,
> protected by the attorney-client or other legal privileges, and/or proprietary
non-public information. If you are not an intended
> recipient of this message or an authorized assistant to an intended recipient,
please notify the sender by replying to this
> message and then delete it from your system. Use, dissemination, distribution, or
reproduction of this message and/or any of its
> attachments (if any) by unintended recipients is not authorized and may be
unlawful. « File: Card for Todd St. John >>
I of '2 12/4/00 3:46 PM
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Jennifer Frye _
WQ Supervisor: 1arry Coble
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Donald & Nancy Fulk
Project Number 00 1462
Recvd From APP
Received Date 11/20/00 Recvd By Region 12/1/2000
Project Type lake excavation
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
Waters PT @N ?- 12-119-(6) I` 130,707.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 354146 Longitude (ddmmss) 801412
Comments:
The applicant is proposing less than 1 acre of excavation at High Rock Lake. The WSRO
recommends that this Certification be issued.
County Davidson
County2
Region Winston-Salem
cc: Regional Office
Central Office Page Number 1
'0146
November 17, 2000
PAYMENT
RECEIVED
423 Jones Road
Winston-Salem, NC 27107
NC Division of Water Quality
Attn: John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Sir:
I am writing to you to obtain written approval for excavation at High Rock Lake as
required by Yadkin, Inc. Enclosed is my check for $200.00. I have e-mailed and talked
over the phone with Todd St. John concerning excavation at our lake house and hopefully
I have what is required. I am sending you the following documents:
1. Attachment 1: Application - Section 401 Certification (form has 3 sheets)
2. Attachment 2: Written directions to 684 Lake Shore Ave. (our lake house)
starting at Raleigh, NC.
3. Attachment 3: Photoaraphs of the excavation site (the lake bottom).
4. Attachment 4: A Site Map of the site showing where we want to remove 3 to 4
feet of dirt from the lake bottom.
5. Attachment 5: Plat Survey of our lake house (684 Lake Shore Ave.)
6. Attachment 6: Map of Hish Rock Lake with highlighted directions to our lake
house.
If I have not given you the correct information, please contact me.
Sincerely,
aAll-e
Nancy B. Fulk
E-mail: nandon4Aaol.com
Phone: 336-788-6383
Attachments
Attachment 1 CC) 1 4 62
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
I. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7)
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
OWNER'S NAME: Donald G. and Nancy B. Fulk
2. MAILING ADDRESS: 423 Jones Road
SUBDIVISION NAME N/A
CITY: Winston-Salem STATE: NC ZIP CODE: 27107
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Davidson County, High Rock Lake, Isle of Pines subdivision (off Old
Mountain Road), 684 Lake Shore Ave., Lexington, NC 27292
3. TELEPHONE NUMBER: (HOME) 336-788-6383 (WORK) 336-983-1387
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Robert Smet, Natural Resources Specialist, Yadkin Division, Alcoa Primary
Metals, Address: Alcoa Power Generating Inc., PO Box 576 Badin, NC 28009-0576 USA, Phone:
1-704-422-5776
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Davidson - NEAREST TOWN: Lexington, NC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Start Raleigh, NC.
I-40 West, I-85 South, Exit 91(Southmont), Highwa 8 South (turn left at Children's Home) onto
Hwy 47 East (Approx 2 miles) to Old Mountain Road (turn right - go 3.9 miles), to Lake Shore Ave.
(turn left go approx 1/2 mile) to house number 684 (on right ) and that is where the excavation is -12
occur.
6. IMPACTED OR NEAREST STREAM/RIVER: Abbotts Creek portion of High Rock Lake
RIVER BASIN: Yadkin River is main source of water.
(a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? NO IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? NO
Page I of 3
Attachment 1
(a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION( INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
NO IF YES, DESCRIBE ANTICIPATED WORK:
(a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: N/A
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: N/A
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION: Remove 3 to 4 feet of dirt
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A (less than I acre)
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: N/A FT AFTER: N/A FT
WIDTH BEFORE (based on normal high water contours): N/A FT
AVERAGE DEPTH BEFORE: 5. 5 FT AFTER: 8. 5 to 9 FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: N/A
CHANNEL EXCAVATION: N/A CONSTRUCTION OF A DAM/FLOODING: N/A
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I 1 DRAWINGS ONLY) Attached
13. PURPOSE OF PROPOSED WORK:: Just want to remove some dirt so we can have water to do some
fishing - and so we can park our water craft eouipment.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) We have
water front property and most of the time we have no water, our pier and floater look as if they are sitting in a
field instead of a lake.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: N/A I have not contacted anyone except Yadkin, Inc. and they said I had to fill
this form out. This excavation should help the fish. The water has been so low this year that we can
not fish off our pier and the fish eggs keep washing ug on the shore when the water goes up and
down.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED N/A
Page 2 of 3
Attachment 1
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? NO (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES NO
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES NO
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: N/A
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY?
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
I ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM,
4&t44 A?) November 17.2000
OWNER'S IGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
Page 3 of 3
Attachment 2
Directions to 684 Lake Shore Avenue
High Rock Lake
Davidson County - near Lexington, NC
From Raleigh, NC:
1. Interstate 40 West to Interstate 85 South (toward Charlotte).
2. Interstate 85 to Exit 91 (Southmont). Stoplight is at the end of the exit
ramp - turn left onto Hwy 8 South.
3. Hwy 8 South - go approximately 2+ miles to stoplight - turn left onto
Hwy 47 East (Amoco station on left, Children's home on right)
4. Hwy 47 East - go approximately 2+ miles - turn right onto Old Mountain
Rd. (Chevron station is beside Old Mountain Rd.)
5. Old Mountain Rd - go approximately 3.9 miles - turn left onto Lake
Shore Avenue.
6. Lake Shore Avenue - go approximately .6 miles to 684 Lake Shore Ave.
on right. Our name is on the mail box (Don & Nancy Fulk).
7. The excavation is to be done around the end of our pier, floater, and the
shared boat ramp.
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Lake Shore Avenue
684 Lake Shore Ave.
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Remove 3 to 4 feet of dirt in the excavation area as shown on map above. Will move the
floater when work starts so we can excavate in that area.
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