HomeMy WebLinkAbout20011851 Ver 1_COMPLETE FILE_20011215O?O? wAT ?9QG
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Acting Director
Division of Water Quality
December 31, 2001
DWQ# 01-1851
Rowan County
Tom Langford, Facilities Engineer
NC Wildlife Resources Commission - Engineering Services
2401 Uphill Court
Hillsborough, NC, 27278
APPROVAL of 401 Water Quality Certification
Dear Mr. Langford:
You have our approval, in accordance with the attached conditions, to place a boat ramp and floating dock on 0.40
acre of Tuckertown Lake for public use in Rowan County, as described in your application received by the Division of Water
Quality on December 18, 2001. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 3290, which can also be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use Nationwide Permit 36 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 (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
. This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional condition 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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in
Raleigh at 919-733-9721.
Sincerely,
Gregory J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
011851
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
10. 2
Office Use only: Form Version Apol2001
USACE Action ID No. DWQ Nat. 0 ? 18 $ L•
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:
0 Section 404 Permit
?A Section 10 Permit
401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: XW P 3 f So.1T R4M 5
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: E@
4. If payment into the North Carolina Wetlands Restoratian Program (NCVW) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant Inrormation
1. Owner/Applicant Information
Name: NG w R c 471VC JAJEE1•+1Nrr 51ERVMEa
Mailing Address: TM J_A1V&4=6;'-R ERt-11.1YY J_=N 6JNh'ER
1401 UPH14L C.t
f-??ttsBo Ot!<pl? NG 2'72'7(3
Telephone Number. 71q - 21 e - Fax Number: gig - 73,- .:11n7 _
E-mail Address: / fo r d j,2 ri-mx • n et- ?
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:
Mailing Address:
Telephone Number: Fax Number.
E-mail Address:
Page 3 of 12
Nov 30 01 10:40a
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1H. Project Information
p.3
Attach a vicinity neap 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 reaps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than I I 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: A" 447- c RE55k. ?3oA- -wU A r.cFs ,,; A gEA
2. T.I.P. Project Number (NCDOT Only):_ %/A
3. Property Identification Number (Tax PIN): 5-3100 S P/O 591001 P/O
?ff
4. Location
County: RoWA Nearest Town: 14VA^ TAw 7o'wV,_SHi ?
Subdivision name (include phaseilot number): N
Directions to site (include road numbers, landmarks, etc.): 'Arg., r Jrur rPS 'cr?o a,1 Q ?"
!VG 8 F Y?Rin1Gr t=S F'?'R!? y ,?#? f-?''???Atru? 4F'RtarC--? ??AyaDSrti Ge 1 f rr?, .,?
a?S eta. :uc? r 3- r rroot. +er, versos=, prs+ee rry ro Knrw1RM 1+ 7-VAEw1 4EV7- UrJTO
r_'?1yE:9 Rr) ! Sep Z52) Y"Yclij 3.F; lwl'rc.E-C x-g._. w?v?_.nc AGC £, RL? ?5> 2J?1?
5. Site coordinates, if available (UTM or LatlL,ong): 3 5 *3o N / an "A
(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:
?E- S r'r? IS tl;rc7? 1?i? ?So.97'rar!,r- A Ct +E$
7. Progeny size (acres): .5. 0 ;- (0.4 ;5 w j J G•? Q a ?
8. Nearest body of water (stream/riverfsound/oceanilake): _ : aakFR 7?: yry LAKE
9. River Basin: '1A ukr A/
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htto:/1h2o.enr.state. nc_usladmin/mans/.)
Page 4 of iZ
Nov 30 01 10:40a p.4
14. Describe the purpose of the proposed work: -7-o' cvo7 CY A??FS?r Tt?
11. List the type of equipment to be used to construct the project: i?'nckHa? {?cczx, >
12. Describe the land use in the vicinity of this project: r-/,y),wPRouF*6 ?2,9al.A o,,,3,u a
By YA-ok m, JNG..
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.
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: ,yo AZx+J770MA(- uJd2)c 1, ANr,c?P?rFb
VI. Proposed Impacts to Waters of the United StatesMaters 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 MITI below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
Nov 30 01 10:40a
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L Wetland Impacts
Wetland Impact Area of Located within
Distance to
Site Number Type of Impact* Impact 100-year Floodplain-1 Nearest Stream
indicate on MaDI r
i. i?25 C+
Type of Wetland***
A//
p.5
L .I
* List each impact separately and Identify tetnporapa impacts. Impacts include, but are not limited ta: mechan zed cleatin ,
g wing' fill.
cxcavation, flooding, ditching/drainage, etc. For dams, separately list impacts clue to both structure and flooding.
I00-Year tloodplains are identified through the Federal Emergency Management Agency's (FEMA) Mood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain snaps. Maps are available through the FEMA Map Service Center at
2-$0l3 358-9616 or
online at hit{:www.ferna ov_
* List a wetland type than best describes wetland
Carolina Bay, bog, etc.) to be impacted (e.g., freshwaterlsaltwa:ter marsh, forested wetland, beaver pond
List the total acreage (estimated) of existing wetlands on the property: At v_o-
Total area of wetland impact proposed: IIonig-
2. Stream Impacts.,.including all intermittent and perennial streams
Stream Impact Length of Average Width Perermial or
Site Number Type of Impact* Impact Stream Name- of Stream Intermittent?
ndicate on map) (linear feet) Before Im act
IV ( leases i
Ya-dk
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 alter, and net losslgain),
stabilization activities (cement wall, rip-rap, crib wall. gabions etc.), excavation, ditching/straightening, etc, If stream relocation is
proposed, plans and profiles showing the lincar footprint for both the original and relocated streams must be included.
$* Stream names can be found on USGS topographic traps. 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 1-800-358-4616, or online at
www_usgs.g_ov. Several internet sites also allow direct download and printing of USGS maps (e-g., www.torx7zone.rvm,
www.mapquest_Com, etc.).
Cumulative impacts (linear distance in feet; to all streams on site: ,Nbt+l.4
Page 6 of 12
Nov 30 01 10:41a
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impart
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acts)
(if f i?al applicable) Waecr) Type of Waterbody
(fake, pond, estuary, sound,
bay, ocean, etc.)
b"J. ou? o•'- -7- r, --Rr wAj kF GAIN 1? ER orR
4o Fi-
List eactt Impact separatety Una Iaentrty temporary unpacts. Impacrs ulcmae, not are nor umxeu lo: RU, excavauon, areuging,
flooding, drainage, bulkheads, etc.
p.S
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 neaps included with this application.
Pond to be created in (check all that apply): Jg uplands EN stream Eg wetlands
Describe the method of construction (e.g-, damlembankment, excavation, installation of
draw-down valve or spillway, etc.): R_ 1A
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: Nr? A
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
Nov 30 01 10:41a
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 wctlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE -- In accordance with the Final Notice of Issuance and Modification of Nationwide
Pen-nits, 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 cheating, 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
hgp:/lh2o.enr.state.nc.us/ncwetlands/strmizide.html.
L 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.
P.7
?age 8 of 12
Nov 30 01 10:41a
p-8
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 4DI/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 hanllhao.enr -g- no e,sl
se of the NCWRP is proposed, please check the appropriate box on pane three and provide
uex-htm. if
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres);
UL Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North. Carolina Environmental, policy Act (NEpA/SEpAp
Note: If you are not sure whether a NEPA/SEP'A 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 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 ? If you answered "yes", provide the following information:
Page 9 of 12
Nov 30 01 10:42a p.9
•
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
(s uare feet)
Multiplier
Required
Miti ation
3
2 1.5
Total
- F ,q ,z GL,ar iron' n= oanK or chmmel; Zunc 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
Payment into the Riparian, Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0250.
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.
XIL 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.
X M. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I5A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ED
Is this an after-the-fact permit application?
Yes ? No 0
Page 10 of 12
Nov 30 01 10:43a
,4 .M
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).
/1 /111,
Applicant/Agent s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton. Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville. NC 28801-50W Cabanrus Graham Madison Stanley
Telephone: (828) 2714854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Jbhilston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham: Granville Orange. Wake
Telephone: (939) 816-8441 Davidson Guilford Person Warren
Fa : (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office . Bcaufort Currituck )ones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1400 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
WilmingtonRegulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Biadcn H MEt Fender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington. NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025' Cumberland New Hanover Scotland
Page I 1 of 12
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i /r f V GIYY%JnQ; r--VM i Mr-14I Q ri V MJLfiOLC
Go to www.osc.state.nc.us/vendorepayform NO. 380611
STATE OF NC - Wildlife Resources
DATE INVOICE/CREDIT MEMO TYPE DESCRIPTION INVOICE AMOUNT DEDUCTIONS OR
DISCOUNT
NET AMOUNT
12/06/01 DECEMBER2001 121201-0893 $200.00 $200.00
401 MIN R WATER QUALITY P RMIT FOR RENOVATIONS
C
TOTALS $200.001 1 200.00