HomeMy WebLinkAbout20010079 Ver 1_COMPLETE FILE_20010124State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
4 _ rho
yD E N R
February 15, 2001
DWQ# 01-0079
Caldwell County
Martin Lang Brittain
2200 Enon Road
Morganton, NC, 28655
APPROVAL of 401 Water Quality Certification
Dear Mr. Brittain:
You have our approval, in accordance with the attached conditions, to place fill in 0.03 acre of waters in order to stabilize the shoreline
and build a dock and seawall on your property on Lake Hickory in Caldwell County, as you described in your application received by the
Division of Water Quality on January 24, 2001. 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 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 Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Sincerely, eteens
010079
Non-Discharge Branch 1650 Mail Service Center Raleigh, North Carolina 27699-1650
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 5076 recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Jim Reid
WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Martin Lang Brittain
Project Number 01 0079
Recvd From APP
Received Date 1/24/01 Recvd By Region 1-31-2001
Project Type seawall and dock
Certificates Stream Stream Impacts (ft.)
Class E? :71: ??JT i??i
Permit Wetland Wetland Wetland Stream Acres Feet _tType Type Impact Score Index Prim. Supp. Basin Req. Req. •?ii??a?
O Y O N F- 11-(59.5) W
F SV F B 30,832. ?- F__ r-
O Y O N F ?F-F-F-F-F- F_
Mitigation Wetland
MitigationType Type Acres Feet
"1 6 V
IV 'Ab fZ6
Is Wetland Rating Sheet Attached? O Y @N Did you request more info? O Y @N
. Have Project Changes/Conditions Been Discussed With Applicant? O Y @N
Is Mitigation required? O Y @N Recommendation: Q Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 35 47 14 Longitude (ddmmss) 81 21 49
Comments:
Bank at water's edge is vertical and breaking off: due to slope of lot grading back to eliminate the
vertical bank would be nearly impossible. Proposed seawall would improve conditions on this
fLpeU,
County Caldwell
County2
Region Asheville
cc: Regional Office
Central Office Page Number 1
January 22, 2001
North Carolina Division of Water Quality
Attention: John Dorney
1621 Mail Service Center
Raleigh, NC 27699-1621
Dear Mr. Dorney,
Enclosed you will find our paperwork for a seawall and dock we would like to build
on Lake Hickory. We hope we have included everything you need. If we have
neglected to send you any needed information, please let us know.
Thanks so much.
Sincerely,
Marty alfc
l?? ?I"tCG?i?J
p 0 7
P.S.: Upon receipt of our fee, please send a receipt. Thank you!
0.1 0070
DWQ ID: _ CORPS ACTION ID: _
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 11) _
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE
1. NOTIFICATION TO THE CORPS OF ENGINEERS n
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT _m
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD C Fil
_f
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7 CD --1
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.
1. OWNERS NAME: _-kAAeT tr LANG h?lZ1 1TA i n?
2. MAILINGADDRESS:,22W ENON {GOAD
SUBDIVISION NAME _W/A
CITY: -STATE: -ZIP CODE:_ MG 6ANTDN I NC ) 2G 55
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): LDl- 41-A- ?2ACE [ la tJ l7l t?? $??r3p l lJ i51? ?1
50213 O kACG CHA PEi- QUAD ; c QAN ITF FA-LQS ; NC
3. TELEPHONE NUMBER: (HOME) (WORK)
N-: `?2! - M - CPCA (Y W: `S '-V4- 2 Qq CZ 823 - 443 -2 Zq9 mtl-) Ic
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: NIA
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: _ - NEAREST TOWN: _
CAL-DwEL-L CaU01i - NFAQ 64JtNIF FAws ("VIE AO -r "Si4fa)
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) _
504 3 6kACE CAA+EL OND - ? AT ACAEV ? ' D? rCn cti`S
6. IMPACTED OR NEAREST STREAM/RIVER: -R VIZ BASIN: ?-
LDr is ow LAKE W CV-D('-'y
7. (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)? YES ? NO Rf IF YES, EXPLAIN: __p\(/A
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF CO STAL
MANAGEML•NT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES Q NO
(c) II' THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTII:S), WI IAT IS TI IE LAND USE PLAN (LUP) DESIGNATION?-N/A
8. (a) HAVE ANY SECTI N 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES E] NO g IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
(b) ARE ADDIT ONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES Q NO 0IF YES, DESCRIBE ANTICIPATED WORK: -
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LANDO• (1,4
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NAA
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
N/A -- NO WAN C6 64 PP--OFcZ-Q
FILLING: _ EXCAVATION: _
FLOODING: OTHER : _
DRAINAGE_ TOTAL ACRES TO BE IMPACTED: _
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: N/A
LENGTH BEFORE: _ FT AFTER: _ FT
WIDTH BEFORE (based on nomial high water contours): - FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) NSA
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM/FLOODING: _
OTHER: - N /A -- WD STREAM ON PeOPC--tITY
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? _ WHAT IS THE EXPECTED POND SURFACE AREA?
lJ1A -
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
CGGj {3KT1 oN 6 i Ns??nON OF SEAWALL £ mcK
6E E ATT-Ac }-ED
13. PURPOSE OF PROPOSED WORK: I 57AB1U7 - iSHW- U OE e TZ) ACCESS
L4E Ik1Caey.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
NO WET IAN D5,
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: IJ /A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING TI IE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WI IICH MAY 13E AFFECTED 13Y THE PROPOSED PRO11?CT. DA'Z'E CONTACTED O/A
1 7. DOES THE PROJECT INVOLVE AN PENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES Q 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 E] NO rl
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES 0 NO F]
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:
(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 I INCH EQUALS 50 FEET OF 1 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.
(c) WI4AT ISLAND USE OF SURROUNDING PROPERTY? R[ES,1%?NnA I-
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? -aEPJ-1 C Tfi NK,
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 CONS ENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
FROG M, _ v
OWNER' /AGENT t RL TE
(AGENTS SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
TI IE OWNER IS PROVIDED).
Directions to Lot #4 - Grace Landing:
From Hickory: Follow Highway 321 North to Grace Chapel Road. Turn right.
Follow road until you cross the bridge across Lake Hickory. After you cross bridge,
you will see a white 2 story house with blue shutters and awning on the left. Our
lot is the wooded lot just past this house. Look for the survey tapes. The 911
address for our lot is 5043 Grace Chapel Road. It is located between 5055 Grace
Chapel Road and 5037 Grace Chapel Road.
*lot is shaded orange on the attached map.
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