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HomeMy WebLinkAbout20021032 Ver 1_COMPLETE FILE_200206280? W A 9Q July 10, 2002 Catawba County DWQ Project #: 02-1032 Approval Of 401 Quality Certification with Additional Conditions and Catawba River Buffer Rules Steven Stout 2216 Metcalf Drive Sherrills Ford, NC 28673 Dear Mr. Stout: You have our approval, in accordance with the attached conditions, to impact 0.01 acres of waters for the purpose of shoreline stabilization at Northview Harbor, Lot # 106 as you described in your application dated June 25, 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 http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River buffer rules (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. 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 2H .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 below. 1. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers; 2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, at least two species of native forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project; 3. This project is for the installation of an Alan Block wall and rip rap to prevent further erosion of the property due to wave action. The use of mechanical equipment on the beach must be minimized; CL]L 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/newetlands 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 4. 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; 5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba River buffer rules; 6. At least 3(three) feet of rip rap must be installed waterward of the Alan Block wall. 7. 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. 276 1 1-7447. 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 John Domey at 919-733-1786 or Mike Parker at our Mooresville Regional Office at 704-663-1699. Sincerely, Attachments cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File copy Central Files Jim Dick/Wendy Ward, Diamond Marine Construction , .E., Direct r DUKE POWER LAKE MANAGEMENT, EC12-Q 2 P O BOX 1006 0 O3 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTHY A c?8 Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in bl ASE c' SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DU p TO ABOVE ADDRESS. FcTio 1; CUELD L Applicant Information 101 A. Name 5-AL) k^ B. Mailing Address 2i2-1 4- 1'1l e C r?p? D, e ry-q( F-6-r- A, 2 ?r ?3 C. Telephone: U A a U b II S -e-.ct, ?a - W'? "? H. Location of Proposed Project `7014 _ &3- ` (3 S A- Lake • ?s B. Street Address 2214 /VIZ K ur. C. County644r,,u??V D. City, town, community or landmark r7"/ :S F E. Section Lot # I A) (t; Subdivision F. Directions to property byroad '" A/ 4v -k-, f ;n ec73 G. Latitude and longitude for the project site ?a.?t H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) IIL Description of Project A Length of wall B. Material b L C. Distance from property line/shoreline IV. Intended Use of Project Area A. Private B. Commercial V. Applicant Signa Date -VZO?- A COPY OF THE CO LETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. - ROOM 208, ASHEVILLE, NC 28801-5006 • A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE- CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY ATTENTION. JOHN DORNEY PARK VIEW BLDG., 2321 CRABTREE BL VD. RALEIGH, NC 27604 Fs f' 919-733-1786 1Zro7io i s5h ???? 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 Application 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: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I. Applicant Information If . 1. Owner/Applicant Information Name: U'f au, Mailing Address: 2Z 1 6-Az9 1 Telephone E-mail Ad Fax Number: 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.) Company Affiliation: Mailing Address:_ VYt,a?r?3?(.`_ nL `LEI f 7 Telephone Number'74511 - C, & 3- U 0 5-0 Fax Number: -log. 3- Cn (G O E-mail Address: bad CA a, / 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 /? 7 County (p Nearest Town: rnr& Subdivision name or site address (include phase/lot number): r-- Directions to site please include road numbers, landmarks, etc. (This is not ecessary if an adequate vicinity map is included): -77 N ±? 3 b ?- L z „ f P, n s:An _r';17" ?'_J Pa - 4 n f-'_la t Pte( . 2. Describe the existing land use or application: f 19?41?7,? O the site -at the time of this 3. Property size (acres): e4W 4. Nearest body of water (stream/river/sound/ocean/lake): Oki 6? f6= 5. Describe the purpose of the proposed work: 6. List the type of equipment to be used to construct the project: r 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 8. a. Amount of impact. (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level and 50 feet land ward in square feet or acres: 2 i b. Please describe vegetation above the normal pool ward to be impacted (number of trees for instance): _ and 50 feet /_ /7 T ldL--? Ricant/Age} a Signature Date, ent's signature is valid only if an authorization letter from the applicant is provided.) 1 below Lull Ipand i ft x 1611 ft .. seem tall 1 Please approximately sketch the Mowing information on tws plan {please provide dimensions for each item, such as 10 ff. x loll ft): 1) AN proposed vegetation clearing (provide,dimensions) 2y Location of Tip cap or fill to be..piaced.above the-Full Pond elevagon 3) Location of rip rap or fill to be -placed :below<the -Full Pond -elevatlop 4) The location of mW proposed struidures Stich as bulldingi, reWr ing walls, docks, etc. 5) The -location of any-excavation or.-"doing below the -Full Pond elevation. 5) Location of construction access corridors.. t f? r .` Please approximately zketch the following infornia n on tMs.plan (please provide dimensions for each Rem, such as 10 it, x 100 ft) 1) AX proposed vegetation clearing (provide dimensions). .2).Location of rip rap ".fill to be placed above the F Pond-elevation 3) Location of rip rap or fill to brie placedbelow the P.U bond elevation 4) The 'locatioilt°of any iproposed shwures such as buildings, retslning wafts docks, etc...._ 6) The location -of any excavation or edging below the Full Pond elevation. s} Locav of construction mess corridors. 4 Y iviapyuest: lvlaps: pnnt v 2192 Metcalf Dr Sherrills Ford, NC 28673-3004, US Sack $ a'- E ??Undstane Rd I Q S . 57 3 .C U) cra Dr .? 'so i 02002 hrapQuestcom. Inc.: 02002 GDT, Inc. All rights reserved. Use Subject to I M++'WTL=r'4 License/Copyright tea r: rock stall ?. TII Pk Ia how to et then This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices © 2002 MapQuest.com, Inc. All rights reserved. -z'- _ -- - http://www.mapquest.com/maps/print-adp?mapdata=3Y5T ,lLwly8uyfslc9bX8GF%2b9Hc... 6/25/2002 i opoGOne - i ne w ens l opograpmc iviap 1 ar,%, J. vi Z- --custom 0816COM Iquez-0 i"i"13E+Ltl"i - -- y? Target is UTM 17 504281E 3943015N - Get a Map Click here to download a custom topoi Place name search Decimal degrees Deg/min/sec UTM coords Download Maps TopoFactory Login About ToppFactory Specifications TopoFactory Store How to... Put topo maps on your Web site Get digital data Link to us What's New? Get the ToooTimes Press releases New (15) TopoZone Awards Help Map tips Topo mar symbols AQ Support Privacy policy About us t:,rte ???(ri? '"y, M1.k f r d J meters I - http://www.topozone.com/map.asp?z=17&n=3943015&e-504281 &size=m&loc=Sherrills4... 6/25/2002 ??\ ENVIRONMENTAL AREA " oo-,JOO 1OOOOp000 'O° O°o oQoi o0 IMPACT MINIMIZATION ZONE U 40, J Rte. ? L \? PIER%, x\?ZONE N C611 \2x PIER R\_ 2F?N1 rjO ?2 ZONE R2> yL S \ Lake \2 \ ??? 24.79' p Q?? < r - PIER S O- ti PIER \. \2?- ZONE RAF L21 00 \ \ '?. ZONE R2> A?> a cj0 /? \ v'' \ L27 h p , ti \F \ ?y PIER \. ?3 L29 `??%^ \ `\A? \ \?sro a 4- 3s. ZONE 0 F? r \ti - 103 ACRES \J r? s _ /?, \ \ \z' ,1 t 0.76 39 \ 7 \ 104 \F` ACRES ?- L38 1>1 106 >0 ???\\ t o\\\?- __--- i \ O 3` \ u \ r, 0.71 \. ?3AF, 9? ?2F \ \OS \ ACRES \ \ \ 30' Mg? , C47 \ ? ? \ 1 0.55 2 \ 1 0.57 \8?- \ \ 5 0 f : \e9? \ ACRES \ C45 ?h t 0.80 \? \ \' so, \ ACRES \ \ 24,57 cr ACRES 3? 77 81,. 1C2 37) _ / %o v 6 3A C40 \ C44' '34 , 0 tS! ti „w (102• Cap ?m Gti J rn?m 9S3 ?? C43 S 20 p1 05•20' ? ? 8 E272-6.3', C41 C42 0 N 7.618 \\ J e? R v o -k O.1 cr_ co ACRES ?h C33 C32 r \ I ? ?,', ? o f 8 , ?? G _ -'- I cn cal t 0.60 ° ?'- r i C G?5 l co ca ACRES 1 '? p, 36 0.53 I t 060 `? In N L?? 226 \?l r I co I ?CRES ACRES N-1 -:I ? CIO N J ??? t I t 0.65 w r?JS J1 11 Ate- N 0.74 / 85. ACRES I l N zif Y < ACRES ?, MBL N I I I? o ls? 10 1 j1 111. I V x,11,2 .x:.113 1 l _ , 50 079 -,s r 5 35 W / / / ACRES 1 v 1 J L -"-? N - ?I L2A• ?j 10.0 { -76 `moo C25 ZOER / / ?'/ I o ( NI L73 L74 p ^? 0L c? `1?? \?< ^ NE r L / 110 l? clq PIER a n yZONE 45235 ?i a, l ! ,? v ?' n Cb / t 0.96 ACES P!? L'70 /eG'G . ,?// t 1.09 l L68 p / ACRES S L66 ?- L69 J 11 / 00 PIER I? PIER ZONE ZONE a I _ co V LY L3 / .116 PIER D N Sp, ZONE J N? X84 L85 ?86Ep T? RI07.10Ai o2. „i' Fish and Wildlife Associates, Inc. Main Office at: PO BOX 241 25 Water Tower Lane Whittier, NC 28789 Whittier, NC 28789 November 21, 2002 .?, John Dorney 11 NfIV 2 5 DWQ Wetlands/401 Unit Central Office 2321 Crabtree Blvd. Park-view Building WA?fR UALI Raleigh, NC 27604-2260 Re: Wright Chicken Farm, DWQ Project # 02 1031 Dear Mr. Dorney: Mr. Steven Wright has authorized me to withdraw his application for the 401 permit on the tract of land in Wilkes County. Thank you for assistance with this project. Sincerely, Pamela M. Boaze President Tel (828) 497-6505 Fax (828) 497-6213 Email fwa@dnet.net Cc: Steve Mauney, DWQ/Water Quality Section Jean Manuele, COE, Raleigh Regulatory Field Office Individual P rmit QA/QC data collection sheet C-1-J-4- _-" - Project Name `r Id- V;x Project # ? I -)? County W 1'? 1. Original Application (format for data: month/day/year) Date of Public Notice Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) C? e Date Info Received again (if any) Date 401 Issued II. First Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued 111.. Second Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued IV. Third Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued V. Fourth Modification Date modification request received Date Put on Hold (if any) Date Info Received (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date Put on Hold again (if any) Date Info Received again (if any) Date modified 401 Issued Nh1URI1eSC Ce.LLC. F. S. BOX 431 Charleston, TN 37310 14131396-2161 UWV 3 2V August 30, 2002 Jv Mr. Steve Mauney Acting Regional Supervisor Division of Water Quality/Water Quality Section 585 Waughtown Street Winton-Salem, NC 27107 RE: Wright Chicken Farm, DWQ Project # 02 1031, Wilkes County Dear Mr. Mauney: We intend to proceed with this project and are working on the documentation for the additional information requested. A meeting will be scheduled with all parties involved to discuss requirements, options and minimisation of impacts to environmental resources for the agricultural development of the Wright property in Wilkes County. Jean Manuela of the Corps of Engineers is coordinating the meeting. It is to be scheduled for the first week in October. After that date, we will submit all information as required. Sincerely, Penny W. West Member, Wright Brothers Construction Co., LLC CC: John Dorney Pamela M. Boaze, Fish and Wildlife Associates, Inc. August 13, 2002 CERTIFIED MAIL: 7001 1140 00017828 2743 / Return Receipt Requested Mr. Steve Wright Wright Brothers Construction Co., LLC PO Box 437 Charleston, TN 37310 SUBJECT: REQUEST FOR ADDITIONAL INFORMATION Wright Chicken Farm DWQ Project # 02 1031 Wilkes County Dear Mr. Wright: The Division of Water Quality has reviewed your plans for the discharge of fill material into approximately 0.07 acres of wetland and 300 linear feet of an Unnamed Tributary to South Prong Lewis Fork, Yadkin-Pee Dee River Basin, Class WS-IV waters, Wilkes County for the purpose of constructing the Wright Chicken Farm. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 211.0506. Please be aware that our 60-day processing time for your application does not begin until the US Army Corps of Engineers issues the Public Notice for your project. (1) Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Documentation such as maps, narratives, economic analyses, that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification request. (2) Please provide documentation detailing your position that the project has been designed such that adverse impacts to surface waters have been minimized and existing uses have been protected to the best of your ability. (3) Please submit detailed plans and specifications for the stream and wetland impacts (culvert installation, energy dissipaters, etc.). 02 1031 Page 2 (4) We recommend that you contact Ms. Melissa Rosebrock, of this Office (336-771- 4600, ext. 265) to determine if additional Division of Water Quality regulations, specific to the animal operation, applies to your project. It is unclear from your application and site plan the function and treatment of the "waste water" area and the "run off water control basin" with a direct outlet to the UT to South Prong Lewis Fork. Please respond, in writing, both to this Office and to John Dorney, 2321 Crabtree Blvd., Parkview Building, Raleigh, NC 27604-2260 within three weeks of receipt of this letter outlining your intent to proceed with this project or withdraw your application. If you wish to proceed, please address the items listed above. Sincerely, Steve Mauney Acting Regional Supervisor cc: Pamela M. Boaze, Fish and Wildlife Associates, Inc. PO Box 241, Whittier, NC 28789 Raleigh Regulatory Field Office, USACE Wetlands/401 Unit Central Office Central Files WSRO 02 1031, Wright Chicken Farm, Wilkes Co. Subject: 021031, Wright Chicken Farm, Wilkes Co. Date: Tue, 13 Aug 2002 09:00:08 -0400 From: Jennifer Frye <jennifer.frye@ncmail.net> Organization: NC DENR Water Quality To: Cyndi Karoly <Cyndi.Karoly@ncmail.net>, John Dorney <John.Dorney@ncmail.net> This is an Individual Permit/Certification project, we received our seven copies w/ fee and it was sent to me for my review; however, the USACE has not put the project out to public notice yet due to the fact that they have reason to believe that the fill material is coming from the construction of 421 - I have been playing phone tag with Jean Manuele. My question for you is since our application time clock has not technically started because there has been no public notice (which is my understanding of how IPs work), I am wondering what, if anything, should I do with their application. In reviewing the application - excluding the potential illegal DOT disposal area issue- it is lacking and it would be one that I would put on hold for more info .... would you suggest that I send a letter anyway, even though the clock hasn't started - or just wait until the Corps makes a decision? Thanks, Jen Jennifer Serafin Frye Division of Water Quality NC Department of Environment and Natural Resources Winston-Salem Regional Office Winston-Salem, NC 27107 Voice: 336-771-4608 ext. 275 Fax: 336-771-4630 1 of 1 8/13/02 9:59 AM Triage Check List Date: 07 To: ?RRO Steve Mitchell Project Name ?iria (( ??^^ lCVlarjx 'ritr'M1? ?FRO Ken Averitte DWQ Project Number C?Z I Q? ?WaRO Deborah Sawyer k,&X\ V e County j - ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye OARQ Mike Parker ?MRO PgrW Colwell From: s Telephone (919) 733- The file attached is being forwarded to you for your evaluation. Please call if you need assistance. cEK-ue-arn length impacted tg?Stceam determination ? Wetland determination and distance to blue-line surface waters on USGW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concerns s rt