HomeMy WebLinkAbout20011878 Ver 1_COMPLETE FILE_20011221401 Issues
Subject: 401 Issues
Date: Mon, 04 Feb 2002 14:58:34 -0500
From: Milt Rhodes <milt.rhodes@ncmail.net>
To: mike.horan@ncmail.net
CC: Cyndi Karoly <cyndi.karoly@ncmail.net>, Todd Kennedy <j.todd.kennedy@ncmail.net>,
milt.rhodes@ncmail.net
Hi Mike. I will try and keep the comments brief.
Project 1: Hedrick - Lexington
No Comment.
Project 2: Lewallen - Southmount - High Rock Lake
No Comment, but if they dig deep enough, they will hit China.
Project 3: Weddle - Lake Norman
Stream Bank stabilization such as rock revetments and seawalls are allowed in
the buffer zone of water supply watersheds, however, the rules state no new
development is to be placed within the 30 foot water supply watershed riparian
buffer zone. This includes non-water dependent structures such as gazebos and
covered decks. The county ordinance could be more stringent in this case.
Project 4. Rhodes - Hyco Lake, Caswell County
I am not sure what. the applicant means by water runoff between lots 11 and 12,
but water is not supposed to be directed or discharged into surface waters by
direct means, rather water is supposed to be.. conveyed through the use of
vegetated conveyances and bmps are supposed to be utilized to divert and
diffuse stormwater runoff prior to entering a surface water feature.
Additionally, no new development is allowed within the minimum buffer zone
established by the Caswell County watershed overlay district for this area.
The statewide minimum buffer is 30 feet. The County buffer could be larger.
Project 5. Guerin - Thorp Reservior.
- The applicant is reminded that stream bark stabilization-is-allowed in water
supply; watersheds along shorelines, however, the 30 foot vegetated buffer is
subject to no new development.;; Water dependent`-structures such as docks are
allowable, as is. access to these structures,' but the impervious surfaces
associated.with.these structures should be reduced to the minimum necessary
amount and all stormwater runoff associated,with these features should;be ..
directed away from direct discharge to surface waters.. In addition,-stormwater
runoff should be,fiitered or diverted away from surface waters through the use
of ?stormwaterbest management practices per--t ehgudance'in'the 'water supply
watershed protection rules. Finally,',I would like-to see pictures
,of this
?
,,
.?
project.
y
Thank
Milt" Rhodes
;
Local Government'Assistance Unit
Cyndi:Karoly wrote_
> Milthere's the procedure John wanted followed. Now that Mike's :here we
> can finally follow it
> As the copies of.the 401 applications are forwarded to you, Megan would
I of 2 2/5/02 6:46 A
F W ATF
`OHO RQG Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
>_ y Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
January 22, 2002
DWQ# 01-1878
Jackson County
Robert A. Guerin, Jr.
119 Pirates Cove Drive
Marathon, FL, 33050
APPROVAL of 401 Water Quality Certification
Dear Mr. Guerin:
You have our approval, in accordance with the attached conditions, to place fill in 0.02 acre of waters in order to
stabilize the shoreline on your property on Thorpe Reservoir in Jackson County, as you described in your application
received by the Division of Water Quality on December 21, 2001, and in additional information provided in a telephone
conversation on January 22, 2002. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3280, which can be viewed on our web site at http://h2o.enr.state.nc.us/newetiands .
This Certification allows you to use Regional Permit Number 198200030 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.
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 1506 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 Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919-
733-9721.
1
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
W. Ben Odom, P.O. Box 1358, Cashiers, NC, 28717
011878
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)
n-'77 ,- OC /-L.---I . - 11COM /f--% L.M-•/M1.I- ----L-
.... ..../--...-il-...J-/
OF WA7F9 Michael F. Easley, Governor
0 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> Gregory J. Thorpe, Ph.D.
p -? Acting Director
Division of Water Quality
January 10, 2002
DWQ #01-1878
Jackson County
CERTIFIED MAIL- RETURN RECEIPT REQUESTED ,
Bob Guerin, Jr.
119 Pirates Cove Drive
Marathon, FL 33050
Dear Mr. Guerin, Jr.:
On December 21, 2001, the Division of Water Quality (DWQ) was notified by receipt of your application regarding your
plans to impact an unspecified length of shoreline on Thorpe Reservoir at loth, Still Point subdivision for the purpose of
stabilizing the shoreline on your lot in Jackson County. Approval from DWQ is required to disturb these waters. Please provide
seven copies of the following information and refer to the DWQ number listed above in your reply
1. The location and area of the proposed shoreline stabilization measures must be shown on a map.
Please call Todd St. John or Bob Zarzecki at (919) 733-1786 if you have any questions or would require copies of our rules
or procedural materials. This project will remain on hold as incomplete in accordance with 15 A NCAC 2H .0505 (c). The
processing time for this application will begin when this information is received. If we do not hear from you within three (3)
weeks of the receipt of this letter, we will assume that you no longer want to pursue this project and will consider it withdrawn.
Si cerely yours,
0
Cc Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
W. Ben Odom
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax. (919) 733-6893
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Office Use Only:
USACE Action ID No.
DWQ No.
Form Version April -
200 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:
E31?ection 404 Permit
? Section 10 Permit
F7r401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:_7" O q 4-- ? U
3. If this notification is solely a courte y copy because written approval for the 401 Certification
is not required, check here: 6
4. If payment into the North Carolina Wetlands Restoration Program (NC is
mitigation of impacts (see section VIII - Mitigation), check here: ? ) proposed for ,
II. Applicant Information
1. Owner/A plicant In
Name: 6
Mailing Address:
i eiepnone Number(3y5 \-743 _ Fax N
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: ?f
Company Affiliation:
Mailing Address: 7;,r7.. ,, /?4.7'
Telephone Number 3 -!2005- Fax Number: 5, 4M 67
E-mail Address:
Page 3 of 3
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 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: u Fj4 h) f ??s5
2. T.I.P. Project Number (NCDOT Only): IVA
3. Property Identification Number (Tax PIN): 7 -7
4. Location
County: Nearest Town: CSI Vl I
Subdivision name (include phase/lot number): -
Directions to site (include road num rs, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):
(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 col}ditig of the site at the time of this application:
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake):=QSK V 2 )
9. River Basih:
(Note - this must be one of No Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.)
Page 4 of 4
10. Describe the purpose o the proposed work:
__?' Q?'C 55 Q v?
IV.
11. List the type of equipment to be used to construct the project:
12. Describe the land use in the vicinity of this project:
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:
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 5
I - Wetland Impacts
Site Number I Type of Impact*
(indicate on map)
s*
s**
..-U W,«1111 Distance to
Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(acres) (yes/no) (linear feet)
,uiPaci separately and identify temporary ,impacts. Impacts include, but are not limited to: mechanized clearin ,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. g grading, fill,
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodpiain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httl2://www.fema.gov.
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 existmi we ands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Site Number Type of Impact* ** Average Width _ Perennial or
P) ?Impact
(indicate on ma Stream Name of Stream Intermittent?
ar feet) Before Impact /r,iPacP cnvn;A,
uiiPacA separately and identity temporary impacts. Impacts include, but are not limited to: c
dams (separately list impacts due to both structure and flooding), relocation (include linear feet befor ul e verts and associated rip rap,
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
%ww.usss.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w,,4,%v.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 6
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
en Water Impact Area o1
Site Number Type of Impact* Impact
idicate on man) ,
List each impact separately and identify temporary impacts.
flooding, drainage, bulkheads, etc.
4. Pond Creation
but are not
(lake, pond, estuary, sound,
bay, ocean, etc.)
to:
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): E] uplands E] stream
Describe the method of construction (e. ? wetlands
g•, slam/embankment, excavation, installation of
draw-down valve or spillway, etc.):_ ? ? ,
VII.
rroposea use or purpose of pond (e.g.,
local stormwater requirement, etc.):
oize or watershed draining to pond: _T_
Name of Waterbody
(if applicable)
;k watering, irrigation, aesthetic, trout pond,
Expected pond surface area:
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 7
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/ncwetlands/strmg,ide.htm].
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.
/ 5 6 5 a i/?/ U /?Y`.
/! / .mil! 1
Page 8 of 8
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NC WRP) with the NC WRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP st
reviewed and approved before it can be used to satisfy mitigation requirements. Apmpliucantbe
s
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 httl2://h2o.enr.state.nc.us/wm/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): / --
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 (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/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 F? 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify
Yes 0 No N If you answered "yes", provide the following information:
Page 9 of 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 Re Required
(square feet) Multiplier q
1 Mitigation
3
2 1.5
Total
Zone I 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242. or,.0260.
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.
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 DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes [] No?
Is this an after-the-fact permit application?
Yes n No
Page 10 of 10
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).
?l
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant iiss, provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
Telephone: (828) 271-4= ?&T$o
Fax: (828) 271-4858
Alexander
Aver Cherokee
Cl Iredell Mitchell
Union
y
Buncombe ay
Cleveland Jackson
Lincoln Polk Watauga
Row
Burke Gaston
Macon an
Yancey
Rutherford
Cabarrus Graham Madison Stanley
Caldwell Haywood McDowell Swain
Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office
US Army Corps Of Engineers Alamance Durham Johnston Rockingham Wilson
6508 Falls of the Neuse Road Alle an
? y
Ash Edgecombe Lee Stokes ya??
Suite 120
Raleigh
NC 27615 e
Caswell Franklin
Fors
Y? Nash
Northampton
Sung
Vance
,
Telephone: (919) 876-8441 Chatham
David Granville Orange Wake
Fax: (919) 876-5283 son
Davie Guilford
Halif Person
Warren
ax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck
US Army Corps Of Engineers Bertie Dare
Post Office Box 1000 Camden Gates
Washington, NC 27889-1000 Carteret* Green
Telephone: (252) 975-1616 Chowan Hertford
Fax: (252) 975-1399 Craven Hyde
Wilmington Regulatory Field Office Anson Duplin
US Army Corps Of Engineers Bladen Harnett
Post Office Box 1890 Brunswick Hoke
Wilmington, NC 28402-1890 Carteret Montgomery
Telephone: (910) 2514511 Columbus Moore
Fax: (910) 251-4025 Cumberland New Hanover
Jones
Lenoir
Martin
Pamlico
Pasquotank
Perquimans
Onslow
Pender
Richmond
Robeson
Sampson
Scotland
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
Page 1 1 of 11
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