HomeMy WebLinkAbout20021593 Ver 1_COMPLETE FILE_20021003?0F W A TF9Q
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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?
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F `)( lye) ??-V? ;ell
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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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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
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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.