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HomeMy WebLinkAbout20020062 Ver 1_COMPLETE FILE_20020115F WAIF \O?O 9QG Michael F. Easley Governor CO W7 William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Division of Water Quality January 22, 2002 DWQ# 02-0062 Davidson County Nancy Lewallen P.O. Box 599 Southmont, NC, 27351 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Ms. Lewallen: You have our approval, in accordance with the attached conditions, to excavate 0.1 acre of waters in order to improve access to your property on High Rock Lake in Davidson County, as you described in your application received by the Division of Water Quality on January 15, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certif ication Number 3280, which can be viewed on our web site at httD://h2o.enr.state.nc.uslncwetiands . This Certification allows you to use Regional Permit Number 198200030 when the Corps of Engineers issues ft. 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 Cart uncation 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 fisted below: 1. Excavated material shall not be disposed in wetlands. If you do not accept any of the cordons 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, 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 Cyndi Karoly in Raleigh at 919-733-9721. J. Thorpe, 4 J 1 1; Attachments cc: Corps of Engineers Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files File Copy North Carolina Division of Water Quality, 401 Wetlands Cer? UniL 1650 Mail Service Center, Raleigh. NC 27699-1650 (Maii'ing Address) 2321 Crabtree Blvd., Raleigh, NC 276042260 (Location) ?,?....N.....1- Office Use Only: Form Version 9ewbor 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ' ©'Section 404 Permit JM t 5 22 ? Section 10 Permit E'401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: P go 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: N Le w a, Mailing Address: ?? D o x S9 o .-1 t . A/ G' Z Telephone Number: 8 - 9/ Fax Number: E-mail Address: K 1 IP-c0a_ 1 e. K. @ U a_ k o o. Go 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: Cs vi 0 cup in I i Ca- to / e- `' Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: 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 b 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: AIAnGy Le LAJ&Vd*% l a/-e. 4 tot ?XCG<</c?77 0n 2. T.I.P. Project Number or State Project Number (NCDOT Only):, 3. Property Identification Number (Tax PIN): /.67-0 2- C D O 6 D D SZ- 4. Location / County: I)Q V/'4&0 PA Nearest Town: J o t4. f'h n? a n? Subdivision name (include phase/lot number):/-/ - I\ Z 9, RE5 Directions to site (include road numbers, landmarks, etc.): ,If See A aLA Me.n f- " 5. Site coordinates, if available (UTM or Lat/Long): Se-l! Sunvey 474&e-4 eL (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: 7. Property size (acres): • 44/.5 /4 c A es 8. Nearest body of water (stream/river/sound/ocean/lake): 1-11-6,q ?''f ac-oG L.4K2- 9. River Basin: L6,DKI'Al (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 th77.' e of the proposed /teeG e /,- ;h ,n,. 11. List thetype of equipment tq be used to /-OX ///0 a ck e oJC project: 12. Describe the land useL in the vic' ty of this proj?t-2.s / d em T; ,L l - n ?v M-4 vt d Ila-4 ?7'l'o H h o mes _ IV. V. VI. 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. of hd-/ G-0hJ., L'Abl?, •. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for exclusion f this wor from the current application: 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 Wetland Impact Site Number indicate oft map) Type of Impact* Area of Impact acres Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream linear feet Type of Wetland*** Ue- LI&t each Impact separately and. Identify temporary impacts, Impacts Include, but are not limited to: mech4ni2a 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 floodplam maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.femagov. *** List a wetland typc that beat describes wetland to be impacted (c.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on Total area of wetland impact proposed: v? property: ?q ba,__ 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? lease specify) e_ * List each impact separately and idemity temporary impacm impacts include, but are not 11mited to, culverts and associated rip-sap, 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 traps (e.g., www.t_pozone.com, www.mayguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: YI Le Page 8 of 12 3. Open water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number (indicate on ma } Type of Impact* Area of Impact (acres) Name of cableady 0 4 4 Type of Waterbody lake, pond, estuary, sound, bay, ocean, etc.) si / 4 I. e atea * 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 le n 0-/- e w 1 CeA- 6le- 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 t99 be followed d?}g construction to reduc impacts. ?n' l/o w vie ? ?'P?s? H i??e o? /a-kle u? 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 http://h2o.enr.state.nc.us/ncwetlands/strrnpide.htmi. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Jl• {? a Ltrl?d iGam e. 91 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 http://h2o.enr.state.nc.us/v Andex.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): Page 10 of 12 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 20, 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requ^ireme ts), or other (please identify )? Yes ? No L? 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 I extends out 30 teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 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. if h a 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. " ILL O -/, a-.b.v I., 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 J Is this an after-the-fact permit application? Yes ? No ;RJ 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, accessi y ity pro Olemes, o; other issueos oue of the applic fs con l). Z-402 ova v- 11 d r Q v /ioc n '2. / / / Zo 0 Applicant/Agenfs Si Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Directions to 812 High Rock Shore Take exit 91 from Interstate 85 at Lexington and go. South on NC Highway 8 and travel approximately 7.8 miles to Southmont. Turn left onto Holloway Church Road in Southmont. The former High Rock Cafe restaurant ( a cinder block building) will be on the left. Take Holloway Church Road approx. 1.5 miles to where it crosses the lake. After you cross the lake turn right on the first available street. This is High Rock Shore. Our house is approximately .7 miles on the right. There is a small "812" sign near the road. Current Map <3?g, S14 ©1999 by Rand McNally & Company. All rights reserved. Current Map ©1999 by Rand McNally & Company. All rights reserved. Description of Nancy Lewallen Lakebed Excavation Project The area that we would like to excavate is approximately 50' wide by 100' long. According to the survey prepared by Allan Mize the elevation at our floater is approx. 650'. We would like to take this down to approximately 647' and taper it so that the area will drain when the lake is lowered. The sides of the excavated area would also be tapered so as to not create any sharp drop off areas. This project would extend our seasonal use of the lake and allow for easier and safer docking of boats at our floater. NCSR = NORTH CAROLINA STATE ROAD NOTES: ? h / , ry / ELEVATION FROM " O / HIGH ROCK RESERVOIR DATUM CO Q / 11/19/01= 646.08' WATER LEVEL A" o cd / Q 0Q = CONTOURS BY " " / p o ° q SIGHT SURVEY - CONTOUR IT p y ry / O^`"o 45 V ? / NANCY LEWALLEN 4p A 0 ' " LOTS 52 & 53 (DB 1189 PG 1423) f HI ROC SHORES 313 8 75 0 o - (1 PG ) TAX ID 1502900000052 NOTE: THIS IS NOT A BOUNDARY SURVEY / I ° DR A N LD h BRICK RAIN / BUUa1EA / 646 I 649 ?00 I, LANE ALLAN MIZE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DB 1189 PG 1423): THAT THIS PLAT WAS PREPARED FOR THE PURPOSE OF DRAWING CONTOURS OF HIGH ROCK LAKE BED IN THE FRONT OF LOTS 52 & 53; WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 10th DAY OF DECEMBER, A. D., 2$01. wo ,00 Fi -• ?/ Al sURV •''V 3/4" EIP BOAT \ HOUSE 1.0" / titi?e? QCa 0? ? 4? o ooh Q- o ?' Off, ??O ok SURVEY FOR LARRY LEWAL LEN LOTS 52 & 53 HI-ROC SHORES MAP 2 SILVER HILL TOWNSHIP DAVIDSON COUNTY NORTH CAROLINA NOVEMBER 19, 2001 SURVEY BY ALLAN MIZE SURVEYING 2689 GREENSBORO ST EXT LEXINGTON, NC 27295 PHONE 336-242-1331 SCALE 1" = 30' HIGH ROCK LAKE ABBOTTS CREEK WATERSHED VICINITY MAP LEGEND: BLDG = BUILDING DB =DEED BOOK PG =PAGE PB = PLAT BOOK RD = ROAD NCSR = NORTH CAROLINA STATE ROAD NOTES: ELEVATION FROM HIGH ROCK RESERVOIR DATUM 11/19/01= 646.08' WATER LEVEL CONTOURSBY "SIGHT SURVEY - CONTOUR IT" o \ \ J `\ U \ W \ < p y \ 16 cSR S 1/4" El i 2? 2FSORkz, Q O° v? h a1? /I o [oh°?y v 0 a ?O LD h DRAIN i Fp011VT NOT ?, \ 649 641 6SA 3/4" EIP BOAT \ HOUSE 1.0" eo Q" AO o? yh oe-o° W 1 SURVEY FOR LARRY LEWALLEN LOTS 52 & 53 HI-ROC SHORES MAP 2 SILVER HILL TOWNSHIP DAVIDSON COUNTY NORTH CAROLINA NOVEMBER 19, 2001 1, LANE ALLAN MIZE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DB 1189 PG 1423): THAT THIS PLAT WAS PREPARED FOR THE PURPOSE OF DRAWING CONTOURS OF HIGH ROCK LAKE BED IN THE FRONT OF LOTS 52 & 53; WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 10th DAY OF DECEMBER, A. D., 2 01. 12-10-Dl <+ vVC DATE VEYOR L4003 SURVEY BY ALLAN MIZE SURVEYING 2689 GREENSBORO ST EXT LEXINGTON, NC 27295 PHONE 336-242-1331 SCALE 1" = 30' 0 30 60 ti , , , , , , , , NANCY LEWALLEN LOTS 52 & 53 ( DB 1189 PG 1423) of HI-ROC SHORES (PB 8 PG 75) TAX ID 1502900000052 , NOTE: THIS IS NOT A BOUNDARY SURVEY , , , , , , , bid N 00 > 1?1 S ? W o• O CL n ? ?• z N G O? A F FL 41 ; [7!1 roa r 0Onnp• rt , D rta ( O (D MN ti i rt P k r N 0 a? ((D? P* (D x p H. ,ti. (D N O (D N H 0) fa :3 to0 x n to : (D 'C =t1 ? (Yl O O`LCO• m Z 'v 18 N ? N f? 1 t G ? n ? ? x n L c_ -- a ? ---•----5 05 O S 1+ ? C N O Ui ??r ? LA CA 00 x c .1 <?N ?xo 2q 3 8 Ut )r ./ 7 v m ?N N N z ? T c r ? ?t Nyr (?7 Q O ? 13 A 2 y c LO`' 1(n1.45' W? r? l I A m v 00 E s L W N? U O I" 00 W O?? I ?)_? { y R N x 4 J cn ? FTC p N Z ! 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