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HomeMy WebLinkAbout20020957 Ver 1_COMPLETE FILE_20020617O 'C William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality June 19, 2002 Stanly County DWQ Project 4: 02-0957 APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS Nancy Jane Hartsell Post Office Box 632 Norwood, NC 28128 Dear Ms. Hartsell: You have our approval, in accordance with the attached conditions, to place fill material in 0.01 acres of wetlands or waters for the purpose of shoreline stabilization at Turner Beach subdivision as you described in your application dated June 17, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3373, which may be viewed on our website at Imp: //h2 o.enr.state.nc.us/ncwetlands. This certification allows you to use General 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. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us 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. 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 214.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed belo« . Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the Division of Water Quality. 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. A Nf=DEt; 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 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 John Dorney at 919-733-1786 or Mike Parker at M11, Mooresville Regional Office at 704-663-1699. L Attachments cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File copy Central Files Sincerely, 10. Describe the purpose of the proposed work: ? •-.?,,.? ._... _ ' ' 1. last the type of equipment to be used to construct the project: 12. Describe the land use in the vicinity of this project: Office Use Only: USACE Action ID No. U u PvrLV,57, (ktober 2001 No. UZ 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 •' i ?. FIL E c OPY _. i 1 Ch all of the approval(s) requested for this project: 2002 Section 404 Permit ection 10 Permit W? J- uND r GRO p N401 Water Quality Certification Riparian or Watershed Buffer Rules 2 Nationwide, Regional or General Permit Number(s) Requested: D #3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 41 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? IL Applicant Information 1. Owner/ Mailing Address!' /?O. ??a- .f3•l i5/i? a?.?/? .,?.y/.,? Telephone Number: O - - Fax Number. E-mail Address: ,(f 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 5 of 12 l; Wetland Impacts Wetland Impact Site Number indicate on me Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** eshro Distance to Nearest Stream (linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditchhWdrainage, 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) Plood Insurance Rate Maps (PMM), or PEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-%16, or online at htto fcma.¢ov. *** List 'a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Hay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: - Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on map) Type of Impact* Length of Impact linear feet - Stream Name** Average width of Stream Before Impact Perennial or Intermittent? lease a f Cumulative' impacts (linear distance in feet) 'to all streams on site: Page 8 of 12 Page 6 of 12 3. Open Water impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic ocean and any other Water of the U.S. n?/n Open Water Impact Site Number indicate on ma Type of t* Impsc Area of Impact Name of Waterbod y (if applicable) Type of'V aterbody (' oocean,, eta sound, Ust each impact se parately and identify tempora ry impacts. Impacts include. but are not lim ited to: fill. excavafirm drpA@4-o flooding, drainage, bulkheads, etc. 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 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:. VIL. Impoct 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. VIII. Mitigation f? 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 UJAUh - 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 ://hZo.e.?.atat?.nc.gs/n?yve(,lands/str?dg,html. 1. Provide a brief description of the proposed mitigation plan. The :description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite),, affected stream and. river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism , (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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 la :QZo.=,aw n ,lW m1ex.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. P/A X. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/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 ? 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 ? 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 Suppl Buffer Requirements), or other (please identify )? Yes] No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact (Square feet Multiplier Required Mid tion 1 3 2 1s Total [.one ! extenus out iu teet perpenutCWar from near Danx of cnannel; 'Lone :Z extends an additional 20 feet from the edge of Zone I . 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. /? d 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. #1A 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. Violations (DWQ Only) Is this site in violation of D and Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permi pppcation? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and ThZ"ned 'es, bility problems, or other issue&*Uts1'de of th licant's control). ?.???5°?. - %W2, ixJc _1''7 .x ` Ott /09/oa Appucanuagenrs signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided) Page 12 of 12 O •.? r Q; l r 1 ?? f 30 o ,$ R _ I ? 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