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HomeMy WebLinkAbout20021593 Ver 1_COMPLETE FILE_20021003?0F W A TF9Q ?O y o ? Mr. Myron K. Davis 4710 Bert Hoffman Drive Granite Falls, NC, 28630 APPROVAL of Catawba River Buffer Rules with Additional Conditions Dear Mr. Davis: You have our approval, in accordance with the attached conditions, to place fill in 0.003 acre of waters in Lake Hickory in order to stabilize the shoreline on your property in Caldwell County, as you described in your application received by the Division of Water Quality on October 3, 2002 and in additional correspondence received October 24, 2002. This approval is valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A N.CAC 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. 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 approval. If the property is sold, the new owner must be given a copy of the 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 maybe required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions of the Catawba Buffer Rules 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 treated lumber bulkhead 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 approval has been completed. If you do not accept any of the conditions of this approval, 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 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This approval 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 DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919 733-9721. Questions regarding the Catawba Buffer Rules should be directed to Bob Zarzecki at 919-733-9726. 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 October 29, 2002 DWQ# 02-1593 Caldwell County . Kli Customer Service 1 800 623-7748 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Reply to your letter of 10-07-2002 to Myron Keith Davis Subject: Reply to your letter of 10-07-2002 to Myron Keith Davis Date: Thu, 24 Oct 2002 17:06:04 -0400 From: "Myron Davis" <maedavis@conninc.com> To: "John Dorney" <john.dorney@ncmail.net> CC: "John Dorney" <john.dorney@ncmail.net> Mr. Dorney, in response to question number 2 of your letter regarding any trees in the buffer zone; there is one dead tree along the shoreline that will need to be removed. Please acknowledge receipt of this e-mail. Thanks, Myron Davis FILE COPY 1 of 1 10/25/02 11:02 AM 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 impa of greater or equal to 1 acre. ? Q Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 7699-1650 0,01 1 ss Lill OCT 3 2002 02159 3 1. Applicant Information 1. Owner/Applicant Information Mailing FILE COPY Telephone Number: E-mail Address: /h. 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.) Name: w/ cr 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 N? ?' n?-/4 w All F `)( lye) ??-V? ;ell po' ee - t.,3kII w111 6? b 51 1.- gekltl.? hAe--k 19/l AN v,-' Dj2 AA 1,4,1 all- x„11 E7L-> jif s Please approximately sketch the Mowing information on this plan (please provide dimensions for each item, such as 10 ft. x 100 ft): 1) An proposed vegetation clearing (provide dimensions). 2) Location of rap rap or fill to be placed above the Fun Pond elevation S) Location of rip rap or fill to be placed below the Fun Pond elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 6) The location of any excavation or dredging below the Fun Pond elevation. 6) Location of construction access corridors. 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Map data copyright Tele Atlas North America, Inc, 1984-2002; use subject to license a rg eem Switchboard is a registered service mark of Switchboard Inc. http:Hniapsonus.sdvitchboatd.com/bin/maps-maponlyiUsr- 3d6cIe5c.8357b.5I&.6/c= /i... 8/27/2002 i LO To: U.S. Army Corps of Engineers g OCT 1 7 2002 From: Myron Keith Davis Ref: Change of Building Materials in Construction of Seawall This letter is in response to a phone conversation regarding my application for shoreline stabilization in which I was informed that I could not use utility poles as part of the construction. Per that conversation I through this letter inform you of the change of materials from utility poles to 6x6 treated lumber. Thank for continuing to process my application with these changes. FILE COPY OF W ATF9 Michael F. Easley, Governor ?O QG William G. Ross Jr., Secretary p North Carolina Department of Environment and Natural Resources O Alan Klimek, P.E., Director Division of Water Quality 6R ,y October 7, 2002 DWQ # 02-1593 Caldwell County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Myron K. Davis 4710 Bert Huffman Drive Granite Falls, NC 28630 FILE COPY Dear Mr. Davis: On October 3, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetland for the purpose of shoreline stabilization in Caldwell County. Approval from DWQ is required to disturb these waters. 1. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications, as indicated on page two of the PCN application form. The fee for applications is $200 for projects impacting less than an acre , of wetlands and less then 150 linear feet of streams. For projects impacting one or more acres of wetlands or 150 or more feet of streams, the fee is $475. In order to process your request, you must send a check in the appropriate amount made payable to N.C. Division of Water Quality. 2. Will any trees be removed from Zone 1 of the protected buffers? 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. Program JRD/bs cc: Asheville DWQ Regional Office Asheville Corps of Engineers Central Files File Copy 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 A Reel Sincerely, DUKE POWER LAKE MANAGEMENT, EC12-Q" --•--?,.,__ CHARLOTTE, NC 28201-1006 P O BOX 1006 ZPCTK l?? COM 704-382-1567 or TOLL FREE 1-800-443-5193 off APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NOR C Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. 02 1 008, L Applicant A. Name B. Mailing Address ??16 )9i C. Telephone: ZV,),f)_-?!2X a IL Location of Proposed Project A. B. C. D. E. F. Lake 9V-i:• .Ka ),,)A.3 z ou Street Address County I?A City, town,- community or landmark. Section Lot # Directions to property by road 1444 .-pn --- i . -- , 77) L K? Subdivision f G./ Latitude and longitude for the project site ?-- W. 214 .SV6 .3-s-,, 75'D.? -r 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.mai)sonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) 13L Description of Project A. Length of wall B. Material f C. Distance from p ol; line/shoreline IV. Intended Use of Project Area ?0-s /1/ ? J A. Private B. Commercial V. Applicant Signatu?+e Date 3Q' d l L• .? ? fi t r y a L a v w?. • 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 01 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 4-/ a /vim, ?h'63? 90 12/07/01 ssb m =Z O m = ?m m Cl) = D ? m D Drn ::! ;u OEg n z > i-i <o -i m z K D cD cD to z O I 1?WN?1l`d DWQ# 07--V55-3 Pr4?c #-Z Date 110-4-07- $$) Plan Detail Incomplete ? Please provide a location map for the project. El Please show all stream impacts including all fill slopes, dissipators P?b ?k stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. et Please indicate all buffer impacts on the site plan. Qi V\ Gh1A tvee5 be t`e?e .! bruA^ ZAmQ \ b ? Please indicate proposed lotlayout as overlays on the site plan. Pro Vex_k 4 b-,KQ'S ? ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stonmwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater ouffalls on the site plan. FILE COPY ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. l] The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was request. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, Mitigation copies of the site plans and other supporting information. ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project.