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HomeMy WebLinkAbout20011721 Ver 1_COMPLETE FILE_20011127F W A 7F Michael F. Easley, Governor ?? 9p William G. Ross Jr., Secretary ?O G North Caroline Department of Environment and Natural Resources r Gregory J. Thorpe, Ph.D. > Acting Director p -? Division of Water Quality James Kull 4664 Ashley Lane Denver, NC 28037 December 6, 2001 DWQ n 01-1721 Lincoln County APPROVAL of 401 Water Quality Certification with Additional Conditions and Authr-rization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B.0243) Dear Mr. Kull: You have our approval, in accordance with the attached co-ditions, L- impact Lama ter--cnan an: T-,e associated riparian buffer for the purpose of constructing 110 linear feet of seawall to stabi ize the shoreime on Lot 4:.. scoln Co:.rrr as described in your application received November 27, 2001. After reviewing your application vu: have o,cid-_J that th-- ttl. is cove!--_c ty General Water Quality Certification Number 3280, which can be downloaded from our w so site F- -itto: /h2o.err..s=_e.nc."- -caetlands. This Certification allows you to use Regional Permit Number 198200030 vihen the US Ar-ry Corps of E-gineers I JSACE) iss-e-sit. This letter shall also act as your approved Authorization Certificate for impacts to the pro'eci.r2 riparia-. DuSers as ---aired unee- -?EA NCAC 2B .0243(8). In addition, you should get any other federal, state or local pern-&s tefore yo: go =ahead vordr, ?--rur prc±e= r acluding (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supplr'Platersn--d ragulatiorm. s,---o this a--cr-val will expire when the accompanying 404 permit expires unless otherwise specified fi Ye Gene-a Cv-tificatior.. This approval is only valid for the purpose and design &,at you desc iiz_-d n your ?mmir_tion. f icu, change your project, you must notify us in writing and you may be required to send us a new apr_iication f:r a -ew certiicamrn. If t-t?_ =_,oerty is sod, the new owner must be given a copy of the Certification and approval letter and a therebi res:ensibie rr :r-mplyira Yrin all condi bM. If total wetland fills for this prr et" (now or in the future) exceed one acre, comp=s-satory rnttig?on maro n` =quires W 3escribed in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions isted in atached t rQi lion an: 7-cse listed below. 1. Upcn completion of the project, the applicant shalt :rmplete and -atum the grcosed ?r,i- to of Completion Form" to notify DWQ that all work included in the 401 Ce-fifiation her veer corrroiet_ The r--s:r_rsible parry shall complete the atached form and return it to the 401 /Wetlands Unr of the Gvis& of V??- :)_ality. 2. W Trees greater than or equal to 6 inches diameie- at the sump an be rPmawd from, mre 1 other tan those within the access corridor. If you do not accept any of the conditions of this certifica:Ib-. you mek asr for an atiuricatory -ra_mmg. You must act within 60 days of the date that you receive this letter. To ask for a hearing, sern-,a writter, vettton whim s-o-forms ID : meter 150E of the NoNt Carolina General Status io the Office of Administrative Hearings, 671.4 idaii Serves Carter, Pme?rgr_ N.C. ?. c_-6714. i I-es certification and its conditions are knell and binding unless you ask for a hearing. This lettef cxWletes the review of the Division of Water Oxa-fity and .-ton 40'7 v`. t-e Cleam Winer Act. 0 you have any questions, please telephone Pete Colwell in the DWO MooresAli=- Regiona'(CIffr-e at 71X-s-604G o- ,mdd St. John in Raleigh at 919- 733-1786. Sxrc er ly, `I coo j' J. _ D. Acl;% Director Attachment cc: US Army Corps of Engineers Asheville Regulatory Field Ctir„e Mooresviiie DWO Regional Office Central Fii Es File Copy 01-1721 Bryan Acka•rrnan; Slanting Bndge Emporium; 5142 Slardrrg Bridge Fnmtl Denver W-_ 28037 NMENR N. C. Division 0 Waver Quality 1550 Mail Service Center Faip,r)1, NC 2%46-,350 733 Custcrnef Service 1 8rX X3-7748 1 ®11 21 r DUKE POWER DIRECTIONS BY ROAD FO Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q PO BOX 1006 - -- CHARLOTTE, NC 28201-1006 1-800443-5193 Applicant's Name:-Ji±1,V:-a K(,(L(, Street Address (at lake): `-kiXi4 A-,,dz 1/ LA U5 Lake Name: Gr'_i? 1 p? Subdivision Name: Property Section: Lot tt Lk? City: U-' County: LoUCCC NI State: ?JCi Zip: c2e C-- 7 Telephone: IbX4 -9,, q -?(4 Directions (from major road or highway): Type of Permit Requested "Circle": Private Facility Commercial Facility Excavation tabilizatton Conveyance Miscellaneous Uses LC?--r C46 ?:XA JC1Z` A! 4 bU ?l?`}3i3S ? Z l? o N A? f-h?? [?oS a., Pj c-N' Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc): S TT,?y eK-1 C *Note: Please use the back of this form if desired to draw us a map. to (fie site. Cil'AIA.AKI:M(;Ml'/Lh1PPM/1)lltl'C1lONS DOC Effective Date: 11/15/98 DUKE POWER LAKE MANAGEMENT, EC12-Q P O BOX 1006 CIiARLOTTE, 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 SUBMTr APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS 1. Applicant Information 1 A. Name --. AYY-)E5 B. Mailing Address KC, C. Telephone:- ?4 IT. Location of Proposed Project A. Lake Ili ? (` f n /? ?I B. Street Address i C. County /? (? ( (?j ? l D. City, town, community or landmark 0__ , 1 V E. Section Lot Subdivision F. Directions to property byroad Un ' Lq L 14? C( ;h am I 7U G. Latitude and longitude for the project site ' KI ' . UL 61 Please submit a map showing the coordinates or a detailed map (U S quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitudel longitude coordinates can be found on internet site, www.mapblast.com) III. Description of Project I A. Length of wall B. Material C. Distance from property linc/shor'Qine ' L IV. Intended Use of Project Area A. Private B. Date /1(Z "/', V. Applicant Signature 'LEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. - ROOM 208, ASIIEVILLE, 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-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF IVATER QUALITY ATTENTION. JOHN DORNEY 1621 A1AIL SERVICE CENTER RALEIGH, NC 27699-1621 919-733-1786 I 1 / 10/00ssh Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 01 1 7 2 1 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Section 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. if this notification is se!ely ? co!'rtPgy ennv because written approval for the 401 Certification is not required, check here: ? "I 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? 1t4 r_?- II. Applicant Information Name. lZ?C (LA Mailing Address: -' r Telephone Number: 7 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: Company Affiliation:' o[? ?f l1'I?Y? J(02 Mailing Address: Telephone Number: - Ll Fax Number: E-mail Address: ?L L,2'J Pr L':'' 1. Owner/Applicapt Informatipn Paae 3 of 12 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 project: (,'Lt LL- 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: ?'! rti ?'? r?l Nearest Town: D?- Vf=???-- Subdivision name (include phase/lot number): /• Directions to site (include road numbers, landmarks, etc.): kV 'I i W0 i`' iI i I ? ( .1 )4,Y ) 4-) C t I 5. Site coordinates, if available (UTM or Lat/Long): c,] -? c ,q 74 L4 3 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: i?ti1 Ir 4 i))f, , 1 i'r'II'Ir'!? t-I I - !--), ??n, I /-A LCfi 7. Property size (acres): ;,itL+ 8. Nearest body of water (stream/river/sound/ocean/lake): -mot'(. (? C QT) fkiL 9. River Basin: (Note - this must re one of North Carolina's seventeen designated major river basins. The River Basin map is :;Mailable at littp://h2o.enr.state.tic.us/admin/naps/.) Page 4 of 12 .''r21?t 10. Describe the purpose of the proposed work: 11. List the type of equipment to be used to construct the project: 12. Describe the land use in the vicinity of this project: 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 bi,ffer 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. 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: Tv 14a 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 delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** no) Distance to Nearest Stream linear feet Type of Wetland*** NI * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. 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 online at htty//www.fema.gov. t1PA?IPr rYHII? *** . .1...-1....,,t... mnar3h brcnted .vct!=n..,? List a wetland type that best describes weNand to be imp?aueu (C.&, -?- .,... , Carolina Bay, bog, etc.) 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 fqj-? 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? leasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-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, etc.), excavation, ditching/straightening, etc. 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. If 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 N%'Nvw.usgs.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., wwwtonozone.com, ????w.mapuuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: K: Page 6 of 12 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 ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, 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. 11L/ 1 :,2?_. Page 7 of 12 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/ncwetiands/strmgide.htmi. 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. Page 8 of 12 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 htti)://h2o.enr.state.nc.us/AN,ry/index.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): 1 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 (tederai/stateiiocai) 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 SERA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No '] If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEP_A final approval letter. Yes [:1 No TT 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 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No tD, If you answered "yes", provide the following information: Page 9 of 12 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 (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Zone I extends out 30 feet perpendicular from near bank of cnannel; cone z 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 NC AC 2B.0242 or.0260. .l ' XI. Stormwater W 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. lv A- 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 WQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No I] Page 10 of 12 XIV. Other Circumstances (Optional): 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 Threatened Species, accessibility problems, or other issues outside of the applicant's control). • /// -"-(I 9 Appli /Agent's S gnature Date ?• lid ' :,r??..:c ,.. ,,,thnri ?atinn letter frnm the applicant is provided.) (AgenLS signature IN valid y Al .,.. 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 Cabarrus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 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 Sung 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) 2514025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin "Croatan National Forest Only Page I 1 of 12 ez: ?.rr>ar.c-n.:ava, uzL?r:aest*_ cezar:c?.z.::+snavrczxr.iuc.v:,: ..;.?cr.wz:.:...c%r..aac-: ,r.jt?=::vr,,+r ?-.in?<z:_r.-s?c±.•fnr_v.: ?a?r':::-v--.^rr,-.ter. 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Please complete this form and return it along with your completed permit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201-1006 1-80OA43-5193 Applicant's Name: j3Jy1G5 Kat-t, Street Address (at lake): c4LOL.1 - A--,dzy L &-C Lake Name: Subdivision Name: Property Section: City:; County: Lot # ge 1./tuCUc,/111 State: ?Ci Zip: Je CS 7 Telephone: -Zy-4 - qt q - -?4 ( 1 Directions (from major road or highway): Type of Permit Requested "Circle": Private Facility Commercial Facility Excavation tabilizatton Conveyance Miscellaneous Uses AJO3 311.E 471 re c- Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc): 'Note: Please use (lie back of this form if desired to draw us a mailjo the site. t (;VA1.A AKFMGMr/LMITMANRECTIONSUK Ef ectivc Daw 11/15/98 DUKE POWER LAKE MANAGEMENT, EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 J 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 1 A. Name B. Mailing Address Ll'n C. Telephone--7L-+ H. Location of Proposed Project A. Lake N i`,}'h fA- VI B. Street Address i t1- L ak (%: C. County l J (1 (l,j ?1 D. City, town, community or landmark ('; 14? E. Section Lot # , Subdivision F. Directions tomproperty by road Or) - 1 Cr1 l???? / 1 ?l -7 lu I T- G. Latitude and longitude for the project site 'A Please submit a map showing the coordinates or a detailed map (US quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude) longitude coordinates can be found on internet site, www.mapblast.com) in. Description of Project A. Length of wall l B. Material C. Distance from property lindshoreline L IV. Intended Use of Project Area A. Private B. Commercial // V. Applicant Signature Date // (Z ° / ! • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF 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-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH Tl !: !AVISION OF WATER QUALITY APPLICATION FEE TO. NC DIVISION OF WATER QUALITY ATTENTION: JOAN DORNEY 1621 MAIL SERVICE CENTER RALEIGII, NC 27699-1621 919-733-1786 I 1 / 10/oossh Office Use Only: n 1 7 01 Version April 2001 USACE Action ID No. DWQ No. ?d 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 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Section 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: _- 3. 1f uils notil catio; ie sc1P?; a c?„rtegy nnny because written approval for the 401 Certification is not required, check here: ? +•._ 1Os- 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII -Mitigation), check here: ? i?--I /_ _ II. Applicant Information 1. Owner/Applicant Information Name:/ Mailing Address: Telephone 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: i Company Affiliation: Mailing Address: `) Telephone Number: v Fax Number: `?1', - ?? I E-mail Address: i f lxl? 1 ;, lk la ?1 I ;? ?- i l'?r---- Fax Number: Page 3 of 12 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 project: 1<t-- 'I 1 I\ 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: N C be N Nearest Town: D ,U Subdivision name (include phase/lot number): / T Directions to site (include road numbers, landmarks, etc.): 5 6. Describe the existing land use or condition of the site at the time of this application: ,-,r?-V 1 b; P-?l 1)) , i t' 1?, ti'ir';? t- I- cat - --) , l\l.nNL r,ALC>f 7. Property size (acres): ???UL+ 8. Nearest body of water (stream/river/sound/ocean/lake): LAy_c?_ 9. River Basin: L lr? '-A- (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://h2o.enr.state.nc.us/admin/maps/.) Page 4 of 12 Site coordinates, if available (UTM or Lat/Long): L co -W L CI 7+43 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 1 10. Describe the purpose of the proposed work: 11. List the type of equipment to be used to construct the project: 12. Describe the land use in the vicinity of this project: 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 hiafFer 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. 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 delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 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 identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. 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 online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impamed (e.g., uoshwaici/64at-watcor marsh, restcd ,vatland, bv .-r -T nd, Carolina Bay, bog, etc.) I? 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? leasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. 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. If 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 \\'Xvw.usgs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., w w.topozone.com, NN1Nv?v.mapgtiest.cotn, etc.). Cumulative impacts (linear distance in feet) to all streams on site: ti: . Page 6 of 12 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 ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, 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. Page 7 of 12 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/ncwetiands/strmgide.html. 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. Page 8 of 12 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 hun•//h2o enr state nc usfwrp/index.htm. Jf 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): r?l Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): I Amount of Non-riparian wetland mitigation requested (acres): j 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 (tederaVstatehocai) 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 SERA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SE final approval letter. Yes ? No 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No If you answered "yes", provide the following information: Page 9 of 12 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* square Impact feet Multiplier Miettq' uired 1 3 2 1.5 Total ' Zone 1 extends out N feet perpendicular trom near oanK of enannei; Z.one L extenas 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 NCB C 2B .0242 or .0260. C;-;???' Y XI. Stormwater (DWQ Only) lv' <-W W S?c??uc?ll 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. 11J ?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 WQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit appiication? Yes ? No l Page 10 of 12 XIV. Other Circumstances (Optional): 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 Threatened Species, accessibility problems, or other issues outside of the applicant's control). - Applic Agent's S gnature Date y .. ?.. ?......- - (Agents sigttaiurr V!. valid letter from -- -- the applicant i _ s 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 Cabarrus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnstbn Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Sung 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) 2514511 Columbus Moore Sampson Fax: (910) 2514025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 1 I of 12 mcts.v?r:ma[sn cmnn[ ta.:. aaerstmna'wr,:n.ai?ura?,...., .vr.vu 1.:. w. a:L.LO, CC:.tT:ltff:`. f11[?? ?ryt!?IEr,K!•'.4Y'.)LJ?rCF '1M1 Q O cn I- nz n? 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