HomeMy WebLinkAbout20011651 Ver 1_COMPLETE FILE_200111090 W A) FR Michael F. Easley, Governor
QG
O? William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
65 - Gregory J. Thorpe, Ph.D.
> Acting Director
p Division of Water Quality
November 29, 2001
DWQ It 01-1651
Stanly County
Francis Carroll and Mary Joe Mizelle, Sr.
PO Pox 698
Norwood, NC 28128
APPROVAL. of 401 Water Quality Certification
Dear Mr. And Mrs. Mizelle:
You have our approval, in accordance with the attached conditions, to impact 0.007 acres of Lake Tillery as described
in your application materials received by the Division of Water Quality on November 9, 2001. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3280, which can be
downloaded from our web site at htt?://h2o.enr.state.nc.us/ncwetlands. This Certification allows the use Regional Permit
Number 198200030 when the US Army Corps of Engineers (USACE) 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, State Stormwater 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 clays of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 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 Pete Colewell in the DWQ Mooresville Regional Office at 704-663-6040 or Todd St. John
at 919-733-1786.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director
Attachment
cc: USACE Asheville Regulatory Field Office
Mooresville DWO Regional Office
File Copy
Central Files
N. C. Divc,ion of Water Quality 1G50 Mail Service Center Raleigh, NC 27699-1650 (919) 733-7015
01-1651
N('DEP;R
Customer Service
1 800 623-7748
DWQ ID: ® 1 1 " 5 1 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 1)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION TO NC DIV. OF WATER QUALTTY FOR SECTION 401 CERTIFICATION
3.' COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLIED 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.
1. OWNERS NAME: F,e14 NCl S C',44ZZ- fL1Ae f ' -30-e /Y/ / z e //e -?'c
2. MAILING ADDRESS: lp, o. Q,o e lv 9 p
SUBDIVISION NAME:
CITY: /V& le- L/ p o STATE , L. ZIP CODE• Z Z/ 2
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
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3.
TELEPHONE NUMBER: (HOME) QY- ! 74 ??5?(WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
S. LOCATION OF WORK (PROVIDE A MAP, SLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: , M9* 2 6 Y NEAREST TOWN: , ,10 9w D Oz,//l n/. G
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
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S'ayoA- %o,4ce 1d?c kuSt
6. IMPACTED OR NEAREST STREAMIRIVER:L AIye
RIVER BASIN: V/q ly /'w
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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 IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES NO IJ
(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? L74
.11
(a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
(b) ARE ADDITIONAL Psm REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES NO IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FB I- ING: EXCAVATION: iv 0 ry G
FLOODING: .12? OTHER :
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
d l? PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAWFLOODING:
OTIJER:
11. 14 NSTRUCTION OF
A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)/
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13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (jNCLUDE ANY MEASURES TAK4EN TO MUM IIZE WETLAND IMPACTS)
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ve J4L'-'4!ON
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o ?D7'- S?/o.ee%N a ?/!c`r Glc°t,2,C
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:
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAYBE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPEND7VRE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES( ) NO(V) (IF NO, GO TO 18)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTJ4 CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( ) /v/A-
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMIIIISTRATION STATE CLEARINGHOUSE? YES ( ) NO ( ) / 1,4
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) 733-7232.
18.
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0
THE FOLLOWING ITEMS SHOULD BE INCLUDED WnW THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: j»A.P ?eze l,G?r? i ? es-?iow l2
(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 SO FEET OF 1
? d
P
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
W ?e RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
F7 (d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN?F RFQUIRED•
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? _k Q ?? Pti
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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(g) SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. 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.
SIGNA
DATE
(AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS
PROVIDED).
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