HomeMy WebLinkAbout20011838 Ver 1_COMPLETE FILE_20011214O?O? W AT FRQG
Michael F. Easley
Governor
William Ross, Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe. PhD.
Acting Director
Division of Water Quality
December 28, 2001
Forsyth County
DWQ Project # 01-1838
APPROVAL of 401 Water Quality Certification and Additional Conditions
Steven West, President
Crossing Creek HOA
421 Crossing Creek Drive
Belews Creek, NC 27009-9773
Dear Mr. West:
You have our approval, in accordance with the attached conditions, to dredge an existing boat slip area
at Belews Lake (Crossing Creek Subdivision) in acres of wetlands as you described in your application received by
the Division of Water Quality on December 14, 2001. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3279, which can be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number 35 when the
Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified
below. 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 this 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 and any additional
conditions listed below.
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 PO Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
,7M.
E _NR
Division of Water Quality 1621 Mad Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: (919) 733-1786
Fax: (919) 733-9959
OF wArFR Michael F. Easley
QG Governor
William Ross, Secretary
co
j Department of Environment and Natural Resources
Gregory J. Thorpe. PhD.
Acting Director
Division of Water Quality
December 24, 2001
Forsyth County
DWQ# 01-1838
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 Cindi Karoly at 919-733-9721 or Jennifer Frye at our Winston Salem
Office at 336-771-4600.
Sincerely,
Gregory J Thorpe
Acting Director
-Attachment
cc: Corps of Engineers Raleigh Field Office
Winston Salem DWQ Regional Office
File copy
Central Files - - -- - -
Eddie MacEldowney
M Ei't
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: (919) 733-1786
Fax: (919) 733-9959
?>'s: ._.Jv Nye
Michael F. Easley
Governor
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
C '" 20001 73 County
A a I- W DWQ Project # d 1- 3 2
APPROV?AL?of40 Water Quail Certification r F'R
T
C??4si " R 0. i^i4ek
?.
Dear Mr.
ke & 0JY
You have our approval, in accordance with the atac:heed conditions, to In (?G?---
acres of wetlands or waters feF--prl?icse->3fi? as you
described in your application datedV2te? ??l 2(9?)A',er, reviewing your application we have
decided that Ns fill is covered by General Water Quality Certification Number r( I.ei-0S
This CeitHcation allows you to use NationWd Nurr? 3 5° when the Corps n?,
of Enoineers issues it - I l "d
?? In addition, you ould get any other federal, state or local permits before you go ahead with
your project inducting (but not limited to) Sediment and Ercdon Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. Also this approval will.expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General ?CJYa Ss, Certification Y(q
This approval is only valid for the purpose and design ftt you descrimed in yoLr application. If
you change your project, you must notify us and sand us a MW application. If the property is sold, the
new owner mitzl be given a copy of this Certification and approval letter and is thereby responsible for ;tA 04V 6
complying wiv? all conditions. This approval shaiil expire v the corresponding Nationwide Permit
expires or as otherwise provided in the General Certificaflcra. If total wetland fills for ti3'sss project (now
or in tie future) exceed one acre, compensatory mitigation may be regLked as described in 15A
NCAC 2F. .0506 (h). For this approval to be valid, you must IdTDw the Wiens listed in the attached
certification.
If you do not accept any of the conditions of Us cer9cation, you nay ask for an adjudicatory
hearing. You rest ad within 60 days of the dais that you rive this fir. To ask for a hearing,
send a written petition, which conforms to Chapter 9306 of )ifs Morth Carolina General Statutes to the .
Office of Adr*iJi&ative Fzarings, P.O. Box 27447, R ?, lhJl.C. 276117447. This certification and
its conditions are final and bindin unless` ou ask for a - -
This letter com etes hie rEView_of tfie Div? of Wabr Quari Wider Sectlon 409 of the Clean -- - -- -
------- ----- - - - - - ty ------------------------
Watter Acf. If you have any questions, ple WW)ow = at 919-733-1786 or _
at
_ at our Pw*W
09*
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:` -- sincd',
Kw
Kefr T. Stevens _
Attachment
cd: in*91m 15M
Corps of Er?irw;ers = ={ Field Office
=DWQ Regt al Office
File Central lF
FtTes ?- r' ?Q (?I y? ' V u0. S)
RE-0- ERR
Division of Water Quality 16501&1 Service Center P.aWgh, NC Z7699-1650
-? I
Wetlandst401 Unit: (919) 733-1756 r, ? pl'Gyu
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Fax: (919) 733-6%? w `ll??'?'"` O
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DAVIS - MAWJ? L ASSOCIATES, INC.
M ENGINLERING • LAND PLANNING • SURVEYING --
218 GATEWOOD AVENUE • SUITE 102
P `
_ HIGH POINT, NC 27262 DEC
PHONE (336) 886-4821 • FAX (336) 886-4458
December 10, 2001
Re: Crossing Creek Homeowners Association
Belews Creek, NC
COPY Job No. E-3179(BF)
401 /Wetlands Unit
Association we have enclosed a request for a Water
Quality Certification for maintenance dredging of an existing boat slip area. In accordance with this
request we have enclosed the following supporting information:
MrOn. John Dorney
Division of Water Quality
®? q p v
1 ?9
1650 Mail Service Center
North behalf of Carolina the Department Crossing of Creek Environment and Homeowners Natural Resources
Raleigh, NC 27699-1650
Dear Mr. Dorney:
1. Seven (7) partial copies of the USGS Topographic map showing the location of the project
2. Seven (7) partial copies of the aerial photograph from the Forsyth County GIS database.
3. Seven (7) copies of the signed Pre-Construction Notification form.
4. A review fee of $200.
5. Set of digital photographs of the area.
We appreciate your assistance on this project. Should you have any questions or need additional
information please give us a call.
Sincerely,
c: Steve West
Jennifer Frye
File
DAVIS-MARTIN-POWELL & ASSOCIATES, INC.
'11838
Office Use Only: Form Version Optober 2001
USACE Action ID No. DW No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather khan
leaving the space blank.
L 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: Nationwide Permit #35
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
- Name: STEVE WEST PRESIDENT
Mailing Address: CROSSING CREEK HOMEOWNERS ASSOCIATION
421 CROSSING CREEK DRIVE
Telephone Number: 336-64-3-0452 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: NOT APPLICABLE
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 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: BOAT SLIP DREDGING FOR CROSSING CREEK HOMEOWNERS
ASSOCIATION
2. T.I.P. Project Number or State Project Number (NCDOT Only): NOT APPLICABLE
3. Property Identification Number (Tax PIN): 6991-02-6306
4. Location
County: FORSYTH Nearest Town: STOKESDALE
Subdivision name (include phase/lot number): CROSSING CREEK SUBDIVISION
Directions to site (include road numbers, landmarks, etc.): HWY 68 NORTH TO
STOKESDALE TURN LEFT ONTO HWY 158 AND MERGE ONTO BELEWS CREEK
5. Site coordinates, if available (UTM or Lat./Long): N36015'03" W80002'57"
(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:
EDGE OF BELEWS LAKE, 13 PRIVATE BOAT SLIPS LOCATED IN SILTED IN AREA
WHERE ACCESS TO BELEWS LAKE IS IMPAIRED.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): BELEWS CREEK
9. River Basin: ROANOKE
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: TO RESTORE LAKE TO ORIGINAL
BOTTOM GRADE IN THE AREA AROUND EXISTING BOAT DOCKS
11. List the type of equipment to be used to construct the project: HYDRAULIC
EXCAVATOR
12. Describe the land use in the vicinity of this project: RESIDENTIAL
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.
NOT APPLICABLE
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,_
and provide justification for the exclusion of this work from the current application:
NOT APPLICABLE
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 7 of 12
1. Wetland Impacts N/A
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 hgp://www.fema.zov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc".)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams N/A
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?
( leases ecify)
N/A
* 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
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest:com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open WaterTmpact
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.
1 DREDGING 0.90 BELEWS LAKE LAKE
* 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 N/A
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.
OWNER DESIRES TO COMPLETE WORK WHEN THE LAKE LEVEL IS DOWN
THERBY REDUCING SILTATION OF THE LAKE
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.
Page 9 of 12
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
htti)://h2o.enr.state.nc.tis/ncwetlands/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.
N/A
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 hn://h20.enr.state.nc.us/wry/l*ndex.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): N/A
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)
Page 10 of 12
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes E] 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 ?
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 ?
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 and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
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 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 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
Page 11 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
NOT APPLICABLE
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.
NOT APPLICABLE
XH. 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.
NOT APPLICABLE
XM. 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
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).
DUE TO RECENT DROUGHT CONDITIONS THE LAKE LEVEL IS NEAR THE PRESENT
DREDGING LIMITS. COMPLETEING THIS WORK NOW WILL PROTECT THE
AQUATIC LIFE IN THE LAKE AND SUBSTANTIALLY REDUCE OFFSITE SILTATION
-ZZ _?
AppIicant/Ag s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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