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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* ; :` -- 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 u'\ Fax: (919) 733-6%? w `ll??'?'"` O l D 4 Al r -i7, r"- _ 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.) 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