HomeMy WebLinkAbout20020258 Ver 1_COMPLETE FILE_20020220OF WAT ARP
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December 23, 2003
Dr. J. D. Robinette
1850 Clement Blvd. NW
Hickory, NC 28601
Subject Property: Dr. J.D. Robinette
Plantation Point Subdivision
Caldwell County
Lot 23
DWQ Project No. 03-1276
Caldwell County
Page 1 of 3
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Catawba River
Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Dear Robinette:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise
impact 210 square feet of waters and 976 square feet (ft) of protected riparian buffers for the purpose of the installation of
a bulkhead at the subject property, as described within your application received dated October 14, 2003 and from the
information provided in your November 1, 2003, Notice of Violation response to the Ashville Regional Office of the
Division of Water Quality. Accordingly, this water quality certification for this project may now be issued pursuant to
15A NCAC 2H .0506, .0507, and 15A NCAC 2B.0243.
After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality
(DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use Regional
General Permit No. 198200030 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as
your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and Duke Power regulations and
permits. 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 and you may be required to send us a new application. 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. For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below.
Conditions:
1. Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, and operations and maintenance of such Best Management Practices:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
"`A?'
' " ,
N. C. 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)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Dr. J. D. Robinette
DWQ 03-1276
Page 2 of 3
a. The erosion and sediment control measures for the project must be design, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Erosion and Sediment Control
Manual.
b. The design, installation, operation, and maintenance of the erosion and sedimentation control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Erosion and Sediment Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. If land disturbance amounts are below the thresholds, where a Division of Land Resource (DLR) or a DLR
delegate program approved Erosion and Sedimentation Control Plan is not required, then measures and
control practices must be installed such that sedimentation to waters is prevented.
2. An Ashville Regional Office file review confirmed an Notice of Violation was issued on October 23, 2003, for
unauthorized impacts to the Riparian Buffer Zone. As such, a condition of this Certification is that within 60 days
of the issuance of this Certification you must provide to the Ashville Regional Office [59 Woodlin Place,
Ashville, NC 28801, attention Jim Reed] a restoration plan. You may chose option 2a or 2b below.
a. A planting plan must be developed such that, at least two native hardwood tree species are planted at a
density sufficient to provide 320 trees per acre at maturity. This density can be achieved by planting
approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) bare root seedlings per acre. Your plan
must include the types of native woody vegetation selected, methodology of planting, and site map
indicating the location of the plantings how you plan to stabilize disturbed streamside/lakeside areas.
b. Conversely, you may chose to provide an alternative plan (that must include native plants, larger
plantings, and that results in a thick wooded vegetative cover within the riparian zone) that is equal to or
exceeds the restoration requirements depicted in Condition Item 2a above. This Plan must be submitted
to Ashville Regional Office within 60 days for Division of Water Quality approval.
3. No Waste, Spoil, Solids, or Fill of Any
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Resources has released the
project.
5. Certificate of Completion
Dr. J. D. Robinette
DWQ 03-1276
Page 3 of 3
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have any questions, please
telephone John Dorney at 919-733-9646 or Danny Smith at 919-733-9716.
Sincerely,
an inPIE.,
Q, Director
Attachments: Certificate of Completion
GC 3373
Cc:
USACE Ashville Regulatory Field Office
DWQ Ashville Regional Office-Jim Reed
DLR Ashville Regional Office
File Copy
Central Files
DWQ # 03-1276
MEMORANDUM
TO: John Dorney Regional Contact: Jim Reid
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dr. J. D. Robinette
Project Number 03 1276
Recvd From APP
Received Date 10/14/03 Recvd By Region
Project Type shoreline stabilization wooden seawall
County Caldwell
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 30 waters & FT-0-
O Y O N F-- 11-(53) wslV B & CA 30,832. 0.00 144.0(
CBR Buffers Y N F-F-r-r-30,832. 0.01 ` -
lB
I - P-7-0 N F__Ir I r-F__Ix-F_
Mitigation Wetland
MitigationType Type Acres Feet
Buffer restoration Buffers F_ F_
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond # Deny
Provided by Region: Latitude (ddmmss) 35 47 55 Longitude (ddmmss) 81 20 13
Comments:
The applicant has been assessed for violations of the Catawba Buffer Rules and for filling in the
Catawba River without having secured 401 Certification. The applicant has requested remission.
Until the enforcement matter is settled, DENIAL of 401 certification for the proposed sea wall is
recommended,
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact: Jim Reid
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dr. J.D. Robinette
Project Number 02 0258
Recvd From APP
Received Date 2/20/02 Recvd By Region 3/4/2002
Project Type shoreline stabilization
County Caldwell
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 Waters FT-@-
YO " ? 11 (53) wsly B & CA 30,832. 0.02 165.Oa
CBR Buffers d Y O N F F-F--r- 30,832. F F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O YO N Did you request more info? O YO N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O YO N Recommendation: OQ Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 35 47 05 Longitude (ddmmss) 81 22 02
Comments:
Existing House and Lot. House appeared to have been constructed in the 1970's - early 80's and
was being rehabbed. The edge of the lot along which the sea wall will be consturcted is vertical and
has rip-rap of 2 - 3 feet in width at its base. No trees or vegetation will be disturbed as a result of
construciton of the imposed wall. The proposed wall will be a continutaiton of existing walls. All lots
in the vicinity of the subject propeU have sea walls. The proposed wall will prevent crumbling away
of the vertical face of the lot,
cc: Regional Office Page Number 1
Central Office
-?rJF W ATFR
O ?C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
March 13, 2002
DWQ# 02-0258
Caldwell County
Dr. J.D. Robinette
1850 Clement Blvd.
Hickory, NC, 28601
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Dr. Robinette:
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 Lake Hickory in Caldwell County, as you described in your application received by the Division of Water
Quality on February 20, 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/ncwetlands . This Certification allows you to
use Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River
Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). 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 conditions listed
below:
1. This project is for the installation of a seawall to prevent further erosion of the property due to wave action. The use of mechanical
equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be taken to keep all equipment out of
the reservoir;
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, 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 DWO's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919-733-9721.
Sincerely,
Gregory J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Sue Harmon, P.O. Box 234, Boiling Springs, NC, 28017
020258
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)
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Jim Reid
WO Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dr. J.D. Robinette
Project Number 02 0258
Recvd From APP
Received Date 2/20/02 Recvd By Region 3/4/2002
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
GP30 Waters FY -@N F- 11-(53) w B & CA 30,832. 0.02 165.00 165.00 F
CBR Buffers OY O" F-F-F-r-30,832. F_ F_ r- F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y OQ N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 YO N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 35 47 05 Longitude (ddmmss) .8122 02
Comments:
Exi tins House and Lot. House appeared to have been constructed in the 1970's - early 80's and
was being rehabbed. The edge of the lot along which the sea wall will be consturcted is vertical and
has rip-rap of 2 - 3 feet in width at its base. No trees or vegetation will be disturbed as a result of
construciton of the proposed wall. The proposed wall will be a continutaiton of existing walls. All lots
an the vicinity of the subject property have sea walls. The proposed wall will prevent crumbling away
of the vertical face of the lot.
County Caldwell
County2
Region Asheville
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: Z ,WIZ -
To: ?RRO Steve Mitchell
?FRO Ken Ave-fife
?WaRO Deborah Sawyer
?WiRO Joanne Steenhuis
?WSRO Jennifer
XRO Mike Paekc-
?MRO Pete t
Prcject Name QOb 1VW-
DWQ Project Number OZ 02SE3
County -ka?-? U
From:
Te!ephone (919) 733- G 4Z 9
The file attached is being fornrarde~ to you fc-r ycur evaluation. Please call if you need
assistance.
? Stream le:'seth impacted
? Stream detz-n-ai neon
? Wetland dE ,k-z o and c5starc--- to biue-line surace waters on USGW topo maps
XMinimizaacnlav " •._ry--eisaies 44\e r.e-? ?5u 4\e b?11eh ?
? Buffer Ries (N, Ti a o?Jco, Catu wt a, Randleman) r-?p r4-p
? Pond fill ?p? ih t??-c?*?E • f! ot-h J?
? Mitigation R?? v? E'O c4oprov-e c. o O-r ? C-f3
? Ditching nO hreeA re-w,?? ?Ul W-v
Zcm `l a? bozo
? F,re the szn?am andorw?_sxd milucadcn_sites available and viable?
? Check drwincs foracamcf v
? Is the app6ca corzsisL-twsith pre-axpliczdon meetings?
? Cumul-tree iimpaz3cnnoea -°= -
Comments
.. _ _ ..??•TJ'_ ° z Y-S' ?vs•^.-?l?'i?T_•• ???? r?. C.. .}StiY- t C •?L 5
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020:51 R
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Applicaliou cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to: F/4 'r ,
Division of Water Quality Wetlands Unit 'O
1650 Mail Service Center 4?
Raleigh, NC 27699-1650
I. Applicant Information
i (j
I. Owner/Applicant Information
Name: nr .
Mailing Address: Telephone Number: Fax Number:
E-mail Address:
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: Nn rrnnri
Company Affiliation:
Mailing Address:,
Telephone Number: - 434_6q4 Fax Number: '76T 4-34- -116(
E-mail Address:
II. 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. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: Ca I d i- I i g,I I Nearest Town: 14 - K r
Subdivision name or site address (include phase/lot number): oath LLRe-,, Lot' #3S?
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): Frn M I+i ckor U -i^ct_K,-
HW t1 al ??
2
3. Property size (acres): 0, `75 ac re -s
4. Nearest body of water (stream/river/sound/ocean/lake): UKt 4 i ckyr V
5. Describe the purpose of the proposed work:_k f??? j Ze Sh c re_) I'll OY1d
6. List the type of equipment to be used to construct the project: 4-rack-hou and
? :±)Ofs
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square; feet or acres: I l?5 X a3? ,
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level an? 50 feet land-ward i
square feet or acres: I L X 4- c? X - Qq ?i Sr:
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):_Th; S In f- j c, On
(IQ-ct Lu lI h0.V'e, rnLAch' cypIIed +b i+,
Q
Applicant/Agent's She er ml }-6 Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Describe the existing land use or condition of the site at the time of this
application: Pr' i yn fe, res(d er i-in 1 Io Re l o'+^
? n
at
Lake (Full Pond)
3
v
Full Pond a
Shoreline 1??
Rip pap
On bUD 1e
6 ?4 ---_:?
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a
0.
?- A X I Cot) Land -
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La. l-4e-wc-r4
3eQwal
C lea recd - A b6de
n> nd
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
A Location of rip rap or fill to be placed above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
4) The location of any proposed structures such as buildings, retaining
walls. docks, etc.
S) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
? `?ea?a l l
tNill b c, PP roxirna-lely
IO??
To; North Carolina Division of Water Quality
l give Sue Hannon permission to sign as my agent on nW application for shoreline
stabilization.
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WESTVVIND MARINE CONSTRUCTION INC.
Westwind Marine method of construction for seawalls:
A: Using 6x6 pine posts every four feet on center, concreted into
the ground, with 2x8 pine planks, treated to CCA-60;
B: 36" of filter fabric stapled to back of wall; ?G GD
C: Each post anchored with a reinforcing rod or "dead
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anchor, also concreted in the ground;
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0 North Carolina Wildlife Resources Commission 0
Charles R. Fullwood, F;xecutive Direcu?r
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program 0
DATE: March 4, 2002
SUBJECT: Review of an application by Dr. J. D. Robinette, Lot 38, North Lakes
Subdivision, DWQ # 020258, Caldwell County
The applicant is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality. The NCWRC has reviewed information provided by the applicant,
and field biologists on our staff are generally familiar with habitat values of the project area.
These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
The permit application indicates that the project will stabilize 165 linear feet of shoreline
on Lake Hickory. A seawall is proposed to replace an existing riprap/seawall structure.
After consultations with a Duke Power Company Shoreline Management official, we will
not object to the project. However, we do not recommend seawall construction into lake
environments in a manner that does not provide voids and cover for aquatic life and small fish.
Seawalls should be placed on dry !and above full lake level. Riprap or large stone should be
placed outside the seawall down to the low water level whenever practicable.
Please be advised that we prefer a more "natural" approach to shoreline stabilization. A
combination of riprap used to two feet above normal pool elevation with banks sloped back and
vegetated with grass, willows or other acceptable vegetation create a more "natural" bank. A
filter fabric is recommended to prevent soil from eroding from behind the riprap during high
water and/or wave action. Riprap should be imbedded 18 inches into the lake bottom to prevent
undercutting. Any applicable buffer regulations should be followed. Seawalls do not provide
habitat, as do irregular structures along the shoreline.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Mailing Address:
Division of Inland Fisheries • 1721 Mail Service Center • Raleigh
Telephone: (919) 733-3633 ext. 281 0 Fax: (919) 715-7643
N('27699-1721