HomeMy WebLinkAbout20011324 Ver 1_COMPLETE FILE_20010904O?0 W AT FRQG
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
October 3, 2001
DW Q# 01-1324
Mecklenburg County
James R. and Brenda M. Beaty
2315 Meffert Lane
Charlotte, NC, 28214
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules
Dear Mr. And Ms. Beaty:
You have our approval, in accordance with the attached conditions, to place fill in 0.02 acre of waters in order to
stabilize the shoreline on your property on Mountain Island Lake in Mecklenburg County, as you described in your
application received by the Division of Water Quality on September 4, 2001. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3280, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use Regional Permit Number 198200030 when the
Corps of Engineers issues it. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule
(15A NCAC 2B .0243). 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 in writing 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in
Raleigh at 919-733-9721.
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
011324
North Carolina 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)
non -soo +?oc i.,ti,,. % non 709 cono a....% 11"- l.rf....... ....?.. .... ..., l..n.....H.....1..I
William G. Ross Jr., Secretary
r? North Carolina Department of Environment and Natural Resources
{ i Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
September 19, 2001
% DWQ# 011324
- Mecklenburg County iSSUED
FIL C 0
Ll _ -'_
CERTIFIED MAIL-REQUEST RECEIPT REQUESTED
James and Brenda Beaty
2315 Meffert Lane
Charlotte, NC 28214
Dear Mr. & Ms. Beaty:
On September 4, 2001, the Division of Water Quality (DWQ) was notified by receipt of you applications
regarding you plans to impact and unspecific length (and area) of shoreline on Mountain Island Lake at 2315
Meffert Lane for the purpose of stabilizing the shoreline of your lot in Mecklenburg County. Approval from DWQ
if required to impact these waters. Please provide seven copies of the following information and refer to the
DWQ number listed above in your reply.
1. The location and areas of the proposed shoreline stabilization measures must be shown on map
2. Also the Catawba River buffer rules became effective on June 30, 2001 and allow shoreline stabilization
measures within the protected buffers along Mountain Island Lake. We are concerned that construction
of these shoreline stabilization measures will result in excessive impact to the protected buffers. Please
provide details on how you plan to install these shoreline stabilization measures, what measures you will
take to minimize impact to the buffers and then how and when you plan to replant the unavoidably
impacted portions of these buffers.
Please telephone Bob Zarzecki (919) 733-9726, Todd St John (919) 733-9584 or me at 919-733-9646 if
you have any questions or would require copies of our rules or procedural materials. This project will remain on
hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will
begin when this information is received. If we do not hear from you by writing within three (3) weeks we will
assume you no longer want to pursue the project and will consider it withdrawn.
Sincerely Yours,
Z?L
go ?or y
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
LIVV
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service
1 800 623-7748
+- f 1 J
FILE COPY
Office Use Only: 01 13 24 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing iIE®
1. Check all of the approval(s) requested for this project:
? Section 404 Permit dj
? Section 10 Permit'
7401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? •
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information Q LA? ??
Name: 'h 5 R ??J ?JYI TY
Mailing Address•_
Telephone Number: ?De /"/lo' ?/ Fax Number: M &3
E-mail Address: T ?/tl C 2 ! /SO(ITfi - /),e 1-1 tnq 6ejc?Tt'J1m&
2. Agent Information (A signed and dated copy of the Agent Authorization letter must- '1111
attached if the Agent has signatory authority for the owner/applicant.)
Name: 3
t P Y - -
III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: LOCI &YtB G4 R (o Nm
Subdivision name (include phase/lot number):
Directions to site (include road numbers, lan?ima
Gm?.??535_.an ltd rna.-fia NA-NcP C
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3t51s , ?v?? hMJSP /fin Le` -r. "7D I?gt'_:?; r5?&
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5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a
coordinates for each crossing of a distinct waterbody.)'
4?1' -80.95 V?
that separately lists the
6. Describe the existing land use o condition of the site at the time of this app 'cation:
7. Property size (acres): •.5
8. Nearest body of water (stream/river/sound/ocean/lake): I I I M&A 0-o C 6AI
9. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins., The,
River Basin map is available at bo://h2o.enr.state.nc.us/admin/maps/.) {
Page 4 of 12 f .
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10. Describe the purpose of the proposed work: eA5?7'1?-?-&%P- Aaac i- - ?
11. List the type of equipment to be used to construct the project:
PiY
12. Describe the land use in the vicinity of this project:
nT,r1 t?D?,r?J-1/
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. j
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also.
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
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delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs'?y?be .
included at the applicant's discretion. If this proposed impact is strictly for. wetland or.,,stream
mitigation, list and describe the impact iu Section VIII below. If additional space is needed `', r
listing or description, please attach a separate sheet.
x Page 5 of 12
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1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
List each impact separately and identity temporary impacts, impacts mclude, but are not limited to: mectlant= clearmg, gradmg, rill,
excavation, flooding, ditching/drainage, eta For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
v.
online athtti)://www.fema.oo
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, eta)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
I
= Last cam impact separately and identily temporary impacts. lmpac is include, but are not ivmted to culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, eta), excavation, ditching/straightening, eta If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included _
** Stream names can be found on USGS topographic maps. V a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us¢s.eov. Several internet s#es also allow direct download and printing of USGS maps (e.g., www.tooozone.com. `
www.mapquest.com, eta).
Cumulative impacts (linear distance in feet) th all streams on site: n 3 " ' f
'7771
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3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on map)
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc
* List each impart separately and identity temporary impacts. Impacts mciuae, out are not urnitea to: nu, excavation, areaging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
f
Page 7 of 12 r.` .
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwettands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wMLmdex.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No [a
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No Q
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules _
Water Supply Buffer Requirements), or other (please identify '')?
Yes ? No ? If you answered "yes", provide the following information: K'
t.
5 ?
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Page g of 12r?
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
uare feet
Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone i extends out 3u feet perpWdicuiar from near bank of CMannel; Gone l extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? . No ?
Is this an after-the-fact permit application?
;..Yes ? No ?
1 -4
MIS'
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XIV. Other Circumstances (Optional):
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabamas Graham Madison Stanley
Telephone: (828) 2714854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
a
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA. OR FERC
REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 (COE
LAKE AND RESERVOIR MAINTENANCE REPAIR AND CONSTRUCTION
ACTiVIT1ES) AND NEUSE/TAR-PAMLICO/RANDLEMAN BUFFER RULES.
This General Certification is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Division of Water Quality Regulations in 15.A NCAC 2H, Section .0500
and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas
as described in the Wilmington District's Regional (General) Permit Number 198200030
and Regional Pem-dt Number 198200079 and for the Neuse, Tar-Pamlico and Randleman
Buffer Rules (15A NCAC 213 .0233-0259 and.0250). This Certification replaces Water
Quality Certification (WQC) Number 2674 issued on January 21, 1992 and Water
Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers re-authorizes these Regional General Permits or when
deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will
not violate applicable portiohs of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certifiication:
Activities which r uire approval under either of these General Pennits but
do not result in fill, dredging or excavation of waters or wetlands (such as
docks, piers or boathouses) do not require written concurrence from the
Division of Wate1 Quality as long as they comply with all other conditions of
this General Certification. However, Condition No. 5 is applicable to all
streams in basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e),
any request for ritten concurrence for a 401 Water Quality Certification
must include thZappropriate fee. If a project also requires a CAMA Permit,
one payment to both agencies shall be submitted and will be the higher of the
two fees. The fee shall be collected and distributed. between the two agencies
in accordance with agreements reached between the Division of Water
Quality and the`Division of Coastal Management;
3. Activities which eesult in fill, dredging or excavation of waters or wetlands
under this Gcnen;tl Ccrtil'icatiuu lreiuirc written concurrence tiom the Division
of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
Y-
WHitr. UIJHLl l r rLHNNY13 raX jl?-r15-,0?r may to u: lu;uo r. UJiuu
5. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins
requires written concurrence fi•om DWQ in accordance with 15A NCAC
2B.0233 and 15A NCAC.2B .0259. New-development activities located in
the protected 50-foot wide riparian areas (whether jurisdictional wetlands or
not) within the Neuse and?ar-Pamlico River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .0233
and 15A NCAC 213 .0259. All new development shall be located, designed,
constructed, and. maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best
management practices;
6. That appropriate sediment and erosion control practices which equal or exceed
those outlined itj the most recent version of the "North Carolina Sediment and
Erosion Control (Planning and Design Manual" or the "North Carolina Surface
Mining Manual" whichever is more appropriate (available froth the Division
of Land Resources (DLR) in the DENR Regional or Central Offices) shall be
in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water
quality standard;
7. Rip-rap shall be installed adjacent to bulkheads in fitshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at
least three feet above any wetlands, and floating structures shall not. rest
periodically on the bottom;
4
8. All sediment an erosion control measures placed in wetlands or waters shall
to provide for storage and removal
of sewage rathe? than allowing raw waste or other sewage to be disposed
directly into surface waters;
11. Additional site-?pecific conditions may be added to projects proposed with
fill tinder this C ¢reification in order to ensure compliance with all applicable
water cluality ant! effluent standards;
c, r G 1? A c 4p t '? ?? -
be removed and the natural grade restored after the Division of Land
Resources has released the project;
,
this Certification is not valid until a
Finding of No S1gnfictrtt impact (FONS>7 or Record of Decision (ROD) is
issued by the State Clearinghouse. All water quality-related conditions of the
9. 10. If an Piers and environboatmehnbtal uses shall be document is required,
FONSI or ROD f;hall become conditions of this Certification;
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12. Concurrence from D`'VQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Regional Permit
198200030 or 198200079, whichever is sooner,
13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project and may result in
criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require
submission of a formal application for individual certification for any project in this
category of activity, if it is determined that the project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications
prior to a Certification decision if deemed in the public's best interest by the Director of
the North Carolina Division of Water Quality.
Effective date: 1 June 2000
DIVISION Ol: WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3280
Y,
t
NC DWQIs Wetlands Unit
401 Water Quality Certification Fees
To: Interested Parties
401 Certification Mailing List
From: Coleen Sullins
Re: a) 401 Water Quality Certification Fees
b) Stream length versus area '
The 1998 North Carolina General Assembly adopted fees for the 401 Water
Quality Certification Program effective January 1, 1999 (see attached)
(Section 143-215.3D(e)]. Fees for "Major Water Quality Certification"
(defined as those with greater than or equal to one acre of wetland or
water fill or equal to 150 feet of stream impact) will have a fee of
$475.00. "Minor Water Quality Certifications" (defined as less than one
acre of wetland or less than 150 feet of stream impact) will have a fee of
$200.00. Any applications received by DWQ after January 1, 1999 must be
accompanied by a check for the required amount. If payment is not included
with a request for a Nationwide Permit, the application will be. returned
to the applicant as incomplete. If the correct payment is not included
with an Individual 404/401 or a CAMA Permit Application. a project file
will be created, but the applicant will receive a letter informing them
that the project will not be processed until the full payment is provided.
Checks should be made out to the N.C. Division of Water Quality.
You should be aware of these additional provisions of this new requirement.
REQUIREMENTS
• Changes to an existing 401 Water Quality Certification require a full
new Certification by DWQ. Additionally, any 401 Certification that is
requested to be renewed, as a result of the work not being completed
prior to the expiration date, also results in a full issuance of a new
Certification. A fee is required with each issuance.
• Due to the requirement for fee payment for each request, applicants are
advised to include as many project details and phases as possible in the
initial application.
• If a project requires a CAIMA permit and its associated fee, a payment
for the 401 Certification request is still required.
• No refunds will be issued for denied, modified or withdrawn
certification requests. If DWQ or the Corps of Engineers retires a
project due to insufficient or inaccurate information, no refunds will '
be issued.
.L A a
• Payment must be made in full.
• Nationwide Permits for minor wetland impacts or those wit4out wetland
stream fill that do not require written approval of the 401 Water ..;
Quality Certification do not require payment of the fee. If an.applicant.,
still chooses to submit an application in order to have written approval,
to file with their project records, then .the- payment is^required if
wetland or stream fill is involved
"?'t?.+?. `s.;?'? ? 1 ? .? t.. - M1"'F :?? ?F; r?f K -r •! ?h '`3???j?S?"??{?$ '?
0 Receipts for fees will only be sent upon written request.
Also please be aware that the Division considers stream impact to be length
rather than area in all cases regardless of Individual versus Nationwide permit
status or significant versus insignificant channel. This has been DWQ's policy
since February 1997 but recently some confusion has developed with some
applicants.
Please call Mr. John Dorney at (919) 733-1786 if you have any questions
about Certification fees or the stream length versus area.
The Wetlands/401 Water Quality Certification Unit of the Division of Water
Quality - North Carolina Department of Environment and Natural Resources. For
more information please call (919) 733-1786 or write NC DENR/Division of Water
Quality, Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621. For
information or comments on this Web Site please email Todd St. John -
"todd.st.john@ncmail.net"
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httn-//www manrniect cnm/cgi-hin/in finrI9Iink=htwn/twn-man nrint&manci2e=1arae&event- 8/29/nl
DUKE POWER LAKE MANAGEMENT, ECU-Q
P O BOX 1006 ()11 4
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS-
L Applicant Information A ? , k?C-A_T?(
A. Name --??-moo ?c '7Rv B. Mailing Address
?l , s ? ? ?C o? 80?O(0 -'7'7D)
375 aaa, cd? M10 _M,)
r ?-i (0 ?
C. Telephone: r70 ` - $ +1-r
IL Location of Proposed Project
A- Lake P)IL AJT) I N -?'
B. Street Add ess a 1 E (- FC 2.T ?-? ??--
L flu
C. County We r-
D. City, town, community or landmark LDS
E. Section 1 Lot # ?- Subdivision ?5 Q
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-``?- road w i (o 9mo Ks I r'e FLU
ty by ? ?? 1O S pa? p
F. (?1.,?.„tl,n'0•t'" Tc3117I?R? Directtpns to Proper 9
n rya
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G. Latitude and longitude for the project site " , J `f ° uad ma ci
Please submit a map showing the coordinates or a detailed map (US S q p, ty
map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude
coordinates can be found on internet site, www mapblast com)
IV. Intended Use of Project Area
III. Description of Project
A. Length o Il
B. Material
C. Distance m
A. Private ?
B. Commercial
V. Applicant Signatur Date U 7
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF
VOOO" THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151
PATTONAVE - ROOM 208, ASHEVILLE, NC 28801-5006
• A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRU6M NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
Nowma"Wo
NC DIVISION OF WATER QUALITY
ATTENTION. JOHN DORNEY
(o so MW MAIL SER VICE CENTER
0000 RALEIGH, NC 27699-1 ?v Sc
919-733-1786
NCB '??
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MAPS- tASE?reryaere naffs a Iitffe dhveflon in IN*
2315 Meffert Ln
Charlotte, NC 282149115
http://www. mapblast. comlmybiastImPrint.mb?CT=3 5.343367%3 A-80.958071 %3 A20000&L'.. 8/29/01
[ Icon Latitude: 35.343367, Longitude: -80.9580711
10:01/01 MON 17:28 FAX 704 375 7534 BEATY S BINDERY
2315 Meffert Ln.
FILE COPY Charlotte NC 28214
October 1, 2001
Mr. Todd St John
NC Dept of Environment & Natural Resources
NC Div of Water Quality
1650 Mail Service Center 401 ISSUED
Raleigh NC 27699-1650 E;;
VIA FAX TO 919/733--6893
IM 001
RE: DWQ# 011324
Dear Mr. St John;
Thank you for your time today in explaining to me what your
department needs in order to approve our request for stabilization
of our shoreline at the above address.
I spoke with both of the people we have received quotes from
to find out exactly what they do. They both remembered the
property. Duke Power lowers Mountain Island Lake starting in
October so repairs,,etc., can be done on the lake. Neither of
these people expect to actually "be in the water" to perform
the work. They will put up a "buffer" so any muck will not be
able to go back into the lake (retention fabric)if needed.
They will work from the land with a small back hoe to trench
about 8"down and set #51 crushed stone for the gravel footer.
Then they put the first course of block all around the area
and :la.y:.the:..8xl8" blocks up from that base. They back fill
with the same kind of crushed stone up to about 4" from the top
stone and then put in fill in dirt enough for a good,stand of
grass to be grown. Total should be no more than 40" from baseline.
On our property they will go around two trees so they.can be saved.
We don't expect this all to be but 2-3 feet from the shoreline,
all inclusive.
By doing this retainer wall we will.build up the buffer to minimize
any runoff going into the lake. We will plant grass and-this will
allow the rainwater to soak in rather than run into the lake.
We will use only a Duke Power approved contractor for this job to
be sure that the work is performed in compliance with standards set.
10/01/01 MON 17:29 FAX 704 375 7534 BEATY S BINDERY
-2-
Q 002
Todd St John RE : DWQ# 01.i--T24
Following is a copy of our recent survey for this property.
The "wood shed" is no longer there. We have marked approximately
where the two trees are and where the stabilization will be.
If you have any questions about this, please give us a call
at 704/375-9222 (7am-6pm) or home 704/847-1416.
Thanks again for considering our proposal. We can assure
you we only want to IMPROVE this property„ and will do everything
in our power to stay within regulations in doing so.
Sincerkly,
and -renc'l-,T'Beaty
Encls. (Survey)
PS - Our FA-x: at work is 704/375--7534. Please advise also if
you need the "hard copy" of this letter and survey in 7 copies
as stated in Mr. Dorney'.s letter of 9/19/01. Thanks again.
ALSO NOTE: As discussed our property adjoins Request DWQ#011323
for Richard Beaty at 2321 Meffert Lane and the stabilization wall
will be done by the same people and the same way. His survey
was not available today, but we will fax that tomorrow to your
attention.
10/01/01 MON 17:29 FAX 704 375 7534 BEATY S BINDERY
16003
THIS IS TO CERTIFY THAT ON THE .10THL DAY OF JULY _ - 20 .Dl__ AN ACTUAL
SURVEY WAS MADE UNDER MY SUPERVISION OF THE PROPERTY SHOWN ON THIS PLAT, AND THAT THE BOUNDARY LINES
AND THE IMPROVEMENTS, IF ANY, ARE AS SHOWN HEREON. THIS PLAT MEETS THE MINIMUM STANDARDS OF PRACTICE
FOR LAND SURVEYING IN NORTH CAROLINA, BOARD RULE .1600 (21 NCAC 56) AND THE ERROR OF CLOSURE FOR THIS
PARCEL DOES NOT EXCEED ONE (1) FOOT PER 10,000 FEET OF PERIMETER URVEYEDNDR/VCONOS TIMES THE
SQUARE ROOT OF THE NUMBER OF ANGLES TURNED.
4
Rf
SURVEY OF:
LOT, 26 SECTION 2 MOUNTAIN ISLAND LAKE
PAW CREEK TOWNSHIP, MECKLENBURG COUNTY
NORTH CAROLINA
PREPARED FOR
FLOOD CERTIFICATION
SCALE 1"=q' THIS IS TO CERTIFY THAT A PORTION OF THE SUBJECT
MAP 130OR 18 PAGE 111 PROPERTY _JB_-LOCATED IN A SPECIAL FLOOD HAZARD AREA
AS SHOWN ON MAPS PREPARED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION,
DEED HOOK PAGE DATED-_ MARCH-P--M 103 ? .
COMMUNITY PANEL NUMBER 370158 0045E JOS 0 54076