HomeMy WebLinkAbout20021037 Ver 1_COMPLETE FILE_20020701W A TF Michael F. Easley, Governor
O?0 '9 William G. Ross Jr., Secretary
00- Q G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
r- Division of Water Quality
H. Edward Jackson
P.O. Box 1062
Gastonia, NC, 28053
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. Jackson:
August 19, 2002
DWQ# 02-1037
Gaston County
You have our approval, in accordance with the attached conditions, to place fill in 0.11 acre of waters at Lake Wylie in Gaston
County, as you described in your revised application received by the Division of Water Quality on July 23, 2002. After reviewing your
application, we have decided that this work is covered by General Water Quality Certification Number 3373, which can be viewed on our
web site at htti):Hh2o.enr.state.nc.us/ncwetiands. 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 213
.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. No trees greater than 6 inches diameter at the stump may be removed except for those directly within the construction corridor.
If trees are removed, 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;
2. This project is for the installation of a concrete and rip-rap seawall to prevent further erosion of the property due to wave action.
The use of mechanical equipment on the beach must be minimized;
3. 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;
4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Alan Johnson in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at 919-733-9721.
Sincerely,
?`-k I!/ " -
Klimek, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617. (919) 733-7015
.
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Alan Johnson, Mooresville DWO Regional Office
Central Files
File Copy
021037
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name H. Edward Jackson County Gaston
Project Number 02 1037 County2
Recvd From APP Region Mooresville
Received Date 7/1/02 Recvd By Region
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.
GP 30 Waters 7Y -@N F- F12-(122) ws_1 B & CA 30,834. 0.12
P-7 _0N
Mitigation Wetland
MitigationType Type Acres Feet
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 0 N Recommendation: OQ Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Staff visited the site on Aug. 14th. The current bulkhead was constructed of railroad ties and is
deteriorating. The shoreline with banks approximately 3 to 4 ft, high is highly eroded. It is
recommended that the request for shoreline stabilization be approved.
There were several trees along the shoreline. The applicant states that he does not plan to remove
any trees,
cc: Regional Office
Central Office Page Number 1
.Y t
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
FILE COPY lr®.L
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH tA*6tINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
L Applicant Information
A. Name H. Edward Jackson
B. Mailing Address P. 0. Box 1062
Gastonia, NC 28053
C. Telephone: 704/810-0090
H. Location of Proposed Project
A. Lake Wylie
B. Street Address 107 Garden View Court
C., County Gaston
D. City, town, community or landmark South Point Township
E. Section 19 Lot # 18 Subdivision
F. Directions to property byroad From Gastonia south on NC 279
past Stowe Gardens, turn right at 1st road after
crossing bridge (Catawba Creek Dr.) go to Garden
G. Latitude and longitude for the project site N 3 5 ° 9 ' 2 2 " W 81 ° 3 ' 51 "
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 mapblast.com)
HL Description of Project
'
A. Length of wall 370
B. Material precast and cast in place concrete
C. Distance from property linelshoreline varies 5' to 15'
IV. Intended Use of Project Area
View Court
A. Private home site
B. Commercial Oft 0 4 An
p _
V. Applicant Signature Date 9 zy U D
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED 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
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
09/20/01 ssb
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 DWQ #02-1037
1. Applicant Information
1. Owner/Applicant Information
Name: H. Edward Jackson
Mailing Address: P. 0. Box 1062
Gastonia, NC 28053
Telephone Number: 7 0 4/ 810 - 0 0 9 0 Fax Number: 704/810-0460
E-mail Address: mcleantank90@bellsouth.net
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: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
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 Belmont
County: Gaston Nearest Town: South Point Township
Subdivision name or site address (include phase/lot number) iiOt 18, Sec. 19, Lake
Directions to site please include road numbers, landmarks, etc. (This is not Wylie Rec-
necessary if an adequate vicinity map is included): reation Lc
SEE ATTACHED MAP
2. Describe the existing land use or condition of the site at the time of this
application: Home site with small river cabin, wood pier and
wood retaining wall. Pier and retaining wall are badly
deteriorated.
3. Property size (acres): 0 •719 7 W MD Method)
4. Nearest body of water (stream/river/sound/ocean/lake): Lake Wylie, Catawba Creel
5. Describe the purpose of the proposed work. Replace pier and retaining
wall to provide lake access an s a i- ize snore line.
6. List the type of equipment to be used to construct the project: Hand tools backhoe,
small crane
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: Excavation 400 ft. sq
backfill - 3000 ft. sq.,rip rap - 1900 ft. ai.ni.ng wa
370 in.
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:
None
Applicant/Agent's Signature
(Agent's signature is valid only i
authorization letter from the applicant is provided.)
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Lightly wooded with low-
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredeil
kson
J Mitchell Union
Polk Watauga
US Army Corps of Engineers Avery Clay
Buncombe Cleveland ac
Lincoln Rowan Yancey
151 Patton Avenue Bui'xe Gaston Macon Rutherford
Room 208
NC 28801-5006
Asheville Cabamrs Graham Madison Stanley
,
Telephone: (828) 2714854 Caldwell Haywood
Catawba Henderson McDowell
Mecklenburg Swain
Transylvania
Fax: (828) 2714858
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
kes Yadkin
St
US Army Corps Of Engineers Alleghany Edgecombe
klin
F Lee
Nash o
Surry
6508 Falls of the Neuse Road ran
Ashe
Caswell Forsyth Northampton Vance
Suite 120
NC 27615
Raleigh Chatham Granville Orange Wake
,
Telephone: (919) 876-8441 Davidson Guilford
Halifax Person
Randolph Warren
Wilkes
Fax: (919) 876-5283 Davie
Washington Regulatory Field Office Beaufort Cunituck Jones
Lenoir Pitt
Tyrrell
US Army Corps Of Engineers Bertie Dare
Camden Gates Martin Washington
Post Office Box 1000
NC 27889-1000
Washington Carteret* Green Pamlico Wayne
,
Telephone: (252) 975-1616 Chowan Hertford
de
H
C Pasquotank
Perquimans
*Croatan National Forest Only
Fax: (252) 975-1399 y
raven
Wilmington Regulatory Field Office Anson Duplin Onslow
der
P
US Army Corps Of Engineers
' Bladen Harnett
Brunswick Hoke en
Richmond
Post Office Box 1890
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 2514511 Columbus Moore
Cumberland New Hanover Sampson
Scotland
Fax: (910) 251-4025
US Fish and WildliNe Service! National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Habitat Conservation Division
Raleigh Field Office Asheville Field Office Pivers Island
Post Office Box 33726 160 Zillicoa Street
NC 28801
Asheville Beaufort, NC 28516
Raleigh, NC 27636-3726
Telephone: (919) 856-4520 ,
Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
NC 27699-4617
Raleigh
Raleigh, NC 27699-1650
6 Raleigh, NC 27699-1619
Telephone: (919) 733-5208 ,
Telephone: (919) 733-4763
Telephone: (919) 733-178 Fax: (919) 733-5321 Fax: (919) 715-2671
Fax: (919) 733-6893
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan
C Hertford Pasquotank
de Pender
H
1638 Mail Service Center Bertie
Brunswick raven
Currituck y
New Hanover Perquimans
Raleigh, NC 27699-1638 Camden Dare Onslow Tyrrell
Telephone: (919) 733-2293 Carteret Gates Pamlico Washington
Fax: (919) 733-1495
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Aileghany Caldwell Watauga
38551dlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe
Cherokee Henderson
Jackson Polk
Rutherford
20830 Great Smoky Mtn. Expressway Clay Macon Swain
Waynesville, NC 28786 Graham Madison Transylvania
Telephone: (828) 452-2546
Fax: (828) 506-1754 Haywood McDowell Yancey
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800443-5193
Applicant's Name: H Edward Jackson
Street Address (at take): 107 Garden View Court
Lake Name: Wylie
Subdivision Name:
Property Section: 19 Lot # 18
City: County: Gaston
State: NC Zip:
Telephone: 704/810-0090-
0 4/ 810 - 0 0 9 0
Type
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway):
From Gastonia, south on NC279 (New Hope Road), past Stowe Gardens,
turn right at first road past bridge (Catawba Cove Drive), proceed
to Garden View Court, turn right, property is at end of Garden
View Court.
Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc):
1-story frame river cabin
frame storage building
concrete block well house
*Note: Please use the back of this form if desired to draw us a map to the site.
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16 ? N 45" 52' JJ' W 10.44'
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114 N .13' 32' 27" E 35.16'
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L 3 2002 I
P. O. Box 1062
Gastonia, North Carolina 28053
July 22, 2002
Mr. John Dorney
N. C. Division of Water Quality
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Subject: DWQ #02-1037
Dear Mr. Dorney:
After playing "phone tag" with you for several days, I have decided to proceed with submittal
of the enclosed application. I can only assume that I failed to sign the original seven copies
mailed to you; therefore, I am enclosing herewith seven copies of the information, each copy
with my original signature.
Please do not hesitate to contact me if further information is needed to continue this process. I
appreciate your assistance with this matter.
Sincerely,
H. Edward Jacks
President
HEJ:tw
?OF \N AT, q- Michael F. Easley, Governor
William G. Ross Jr., Secretary
ment of Environment and Natural Resources
O < G North Carolina Depart
r ? pr.
I ??? ? Alan Klimek, P.E., Director
., ?::,,,_.,? Division of Water Quality
t y?
July 2, 2002
DWQ # 02-1037
Edward Jackson
Post Office Box 1062
Gastonia, NC 28053
Dear Mr. Jackson:
On July 1, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to impact waters for the purpose of replacing old pier and retaining wall
at,Lot # 18, Section 19 on Lake Wylie in Gaston County. Approval from DWQ is required to disturb
these waters. Please provide 7 copies of the signed application and refer to the DWQ # listed above in
your reply.
Please telephone me 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 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
D
1 Water Qua7ityertification Program 11 1
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/ncwetiands
??; 2002
Mr. John Dorney
NC Division of Water Quality
7-
Parkview Building L
2321 Crabtree Blvd. '
Raleigh, NC 27604
Dear Mr. Dorney:
I recently purchased a piece of property on Lake Wylie in Gaston county. The property has a wood
pier and retaining wall, both are very deteriorated. I seek the necessary permits to replace the pier
with a new wood pier, and construct a new concrete retaining wall directly in front of the existing
wall. This approach will result in the least disturbance of the shore line.
I am enclosing seven copies the following documents along with my check for $200.00 (Impact
less than 1 acre):
• Shoreline management program permit application form (Duke Power).
• Application for permit to stabilize the shoreline in North Carolina.
• Abbreviated application for 401 Water Quality Certification.
• Sketch showing the proposed project.
• Portion of USGS Belmont Topo Sheet showing project location.
• ScOZICopy of the property survey with proposed project location relative to FERC project
boundary.
• Duke Power directions by road form.
Copies of this complete package are being provided to the U. S. Army Corp of Engineers and
Duke Power.
If you find package incomplete or need additional information please contact me as soon as you
discover the deficiencies.
Sincerely,
H. Edward Jackson
CMGH_ConsultiProjects 2001\Ed Jackson-Lake Wylie\NC Div WR Ldoc
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,bottoin
of greater or equal to 1 acre.'
Applications should be sent to: py+
P (/ f jj
Division of Water Quality Wetlands Unit
1650 Mail Service Center !;TWETL, p
Raleigh, NC 27699-1650 ALT ' [ECT?C?t
021037
L Owner/Applicant Information
Name: H. Edward Jackson
Mailing Address: P. 0. Box 1062
Gastonia, NC 28053
1. Applicant Information
Telephone Number: 7 0 4/ 810 - 0 0 9 0 Fax Number: 704/810-046o
E-mail Address: mcleantank90@bellsouth.net
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: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
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 Belmont
County: Gaston Nearest Town: South Point Township
Subdivision name or site address (include phase/lot number)T of 18, Sec 19, Lake
Directions to site please include road numbers, landmarks, etc. (This is not Wylie Rec-
necessary if an adequate vicinity map is included): reation Loi
SEE ATTACHED MAP
2. Describe the existing land use or condition of the site at the time of this
application: Home site with small river cabin, wood pier and
wood retaining wall. Pier and retaining wall are badly
deteriorated.
3 Property size (acres): 0 .719 7 (DMD Method)
4. Nearest body of water (stream/river/sound/ocean/lake): Lake Wylie, Catawba Creek
5. Describe the purpose of the proposed work: Replace pier and retaining
wall to provide lake access an stabilize shore line.
6. List the type of equipment to be used to construct the project: Hand tools, backhoe,
small crane
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: Excavation 400 ft. sq.
backfill - 3000 ft. sq.,rip rap - 1900 ftsq.,re aining wal
J/U In. It.
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:
None
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Lightly wooded with low-
growing bushes and vines.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)