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HomeMy WebLinkAbout20030088 Ver 1_COMPLETE FILE_20030130DAVID L. ANDERSON 8520 GOVERNMENT DRIVE, SUITE TWO NEW PORT RICHEY, FL 34654 (727) 849-8507 WEnANDS140' GWUP FAX: (727)847-4827 March 21, 2003 MAR 2 4 2003 Duke Power Lake Management, EC12-Q WATERQUALIIYSECIR P. 0. Box 1006 ON Charlotte, NC 28201-100,6 Re: Application for Permit to Stabilize the Shoreline in North Carolina Attn: Dale Mostller Dear Mr. Mostller: Enclosed are copies of the Approval of 401 Quality Certification with Additional Conditions issued on March 13, 2003, by the Division of Water Quality; and a copy of the General Permit (Regional and Nationwide) Verification issued by the U. S. Army Corps of Engineers, Wilmington District, issued March 12, 2003, a the application for permit to stabilize the shoreline in North Carolina you sent to me on March 10, 2003. I have complied with the requirements of the Duke Power Lake Management, EC12-Q application as far as I know, as the permits for me to go ahead and have the rip-rap rock have been issued. If I am misunderstanding what has been done, please advise me so I will know how to proceed on this matter, as I am trying to prevent the shore-line from further erosion by boat traffic, and I need to contact Mountain Meadows to begin the project. Very my yours, 6LID. ANDERSON c: Mr. John R. Dorney 401 Water Quality Certification Program N. C. Division of Water Quality 1650 Mail Service Center Asheville Regulatory Field Office U. S. Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 fift Duke r Powen A Duke Enemy Company March 10, 2003 David L Anderson 8520 Government Drive, Suite 2 New Port Richey, FL 34654 RE: Application for: _ Private Facilities X Shoreline Stabilization LAKE GLENVILLE Dear Prospective Lake Use Permit Applicant: Duke Power 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006 Enclosed you will find the current Duke Power Lake Management Fee Schedule which became effective January 1, 2002, the applicable Shoreline Management Program Permit Application(s) and "Duke Power's Shoreline Management Guidelines". The purpose of the program is to comply with Federal Energy Regulatory Commission (FERC) orders and requirements for authorizing facilities constructed inside the project boundary of Duke's licensed lakes. The Application(s) will be reviewed after being completed and returned to Duke Power Lake Management - EC12% PO Box 1006, Charlotte, NC 28201-1006. PLEASE USE YOUR MAILING ADDRESS ON THE APPLICATION(S) and type or print information for legibility, No activity is allowed inside the project boundary until you receive written authorization from our office, and no approval will be given to anyone other than the property owner. A check made pavable to Duke Power for the appropriate filing fee (see enclosed fee schedule) must accompany the following before the review process will be initiated: PIER/DOCK/STABILIZATION: 1. The completed application(s) (for pier structures include both proposed and existing facilities). Include the Duke Power permit number if one has been previously assigned to any existing structure on the property. 2. The form describing directions by road (including section and lot number if applicable), and the area of the planned construction/activity marked on the grid map (if enclosed). 3. Copy of a registered survey of the property, showing proposal's location from your property into the project boundary. 4. Copy of county building permit, if one is required by the county. (Applicable to pier structures only except for Burke County which requires a building/shoreline protection permit for stabilization.) NOTE: For pier structures on NC Lake Wylie, the US Army Corps of Engineers will be allowed a two-week review and comment period. Please account for this additional review in your planning. FOR NORTH CAROLINA STABILIZATION: 1. A copy of your Duke Power application form including latitude and longitude coordinates (can be found on internet site, imw_in<amart.cpm), or a detailed map (USGS quad map, city map, etc.) showing the exact location of the property site, must be sent to the Corp of Engineers at 151 Patton Avenue, Room 208, Asheville, NC 28801-5006. 2. SEVEN (7) COPIES of the NC Division of Water Quality (DWQ) Pre-Construction Notification Application and the DWQ application fee must be provided to the NC Division of Water Quality, Attention: John Dorney, Parkview Building, 2321 Crabtree Blvd., Raleigh, NC 27604. Thank you for your cooperation in working with us through the Private Facilities Permitting Program. Should you have any questions or need further assistance, please call the Lake Representative for your area (see enclosed list), or you may call Toll Free 1-800-443-5193 and select the appropriate option. Sincerely, Lake Management Duke Power Asset Management LM/ssb DUKE POWER LAKE MANAGEMENT, EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA 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. f. Applicant Information A. Name David L. Anderson, Trustee _ B. Mailing Address 8520 Government Dr. , Suite 2, New Port Riche)z, FT, "14654 C. Telephone:- (727) 8 4 9= 8 5 0 7 H. Location of Proposed Project A. Lake Glenville B. Street Address 191 Caribou Mountain Rd. _ C. County Jackson D. City, town, community or landmark Glenville, NC is nearest town. E. Section Lot# 1-A Subdivision Split Rail-(tax PIN755-20-6866) F. Directions to property byroad From r 1 env i 1 1 e , NCr--pr-oc-eed -en -SR 10.o_7 Ne - to Pinecreek Rd, turn left on Pi ecrreed_ _i-l_ eu eoiie-te_-- Caribou Mountain Road, just past the dam, and o_te 191 C-u^=?Hou MnRI G. Latitude and longitude for the project site North • 1896212 Eas-t-s1-3°-4s9 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 Hier: _:: itc, www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) III. Description of Project A. Length of wall B. Material Appox 135 feet of ri n-rap -rook -_ C. Distance from property line/shoreline ont i7l,nnc__. wi-vth-shore line IV. Intended Use of Project Area A. Private Private B. Commercial----- V. Applicant Signature UateF 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, NC28801-5006 A COPY OF THE"DUKE POWER APPLICATION FOR PERMIT TO STABILIZE T1IE SHORELINE IN NOR-1-11 CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE- CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WI I'll THI: DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF I" TER QUALITY ATTENTION. JOIINDORNEY PARKVIEW BLDG., 2321 CRABTREE BLVD. RALEIGH, NC 27604 919-73.1-1786 10 If, 02..h \o?OF W a r?9p? ? r p?,C 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 March 13, 2003 Jackson County DWQ Project #: 03-0088 APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS David Anderson, Trustee UTD 8520 Government Drive, Suite #2 New Prot Richey, FL 34654 Dear Mr. Anderson: You have our approval, in accordance with the attached conditions, to impact 0.002 acres of waters for the purpose of shoreline stabilization at Lot# 1-A, Split Rail on Lake Glenville as you described in your application dated February 28, 2003. 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. 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. 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. 2. This project is for the installation of rip-rap rock 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. 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 •r 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 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. 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 our Asheville Regional Office at 828-251-6208. Sincerely, JRD1bs Attachments PW.VKlimek, P. . cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office File copy Central Files 401 ISSUED 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 WETLANDS/ 401 GROUP MAR 0 3 2003 WATER QUALITY SECTION 1. Applicant Information Owner/Applicant Information Name: David L. Anderson, Trustee Mailing Address: 8520 Government Dr., #2, New Port Richey, FL 34654 Telephone Number: (727)849-8507 Fax Number: (727) 847-4827 E-mail Address: None 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: None 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 County: Jackson Nearest Town: Glenville NC Subdivision name or site address (include phase/lot number): Lo t 1-A, Split Rail Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): From Glenville, NC postof fice on Hwy 107, proceed North to Pinecreek Rr3 m„rn iAf+ ,r Pinecreek Rd., cross the dam, p-rn ccd ;R Caribou Mountain Road is on left, hn„aa ar??rocc 191 Caribou Mountain Rd. (Split Rail Subdivision sign at entranc 2. Describe the existing land use or condition of the site at the time of this application: Single family dwelling with boat clack that i suffering from excessive erosion because of boaters w en e lake is filled in May to September. 3. Property size (acres): • 59 acres, with 250 feet fronting Lake Glenville. 4. Nearest body of water (stream/river/sound/ocean/lake): Lake Glenville 5. Describe the purpose of the proposed work: To stop the erosion to the lake frontage because of boaters during high levels of the lake. . 6. List the type of equipment to be used to construct the project: Rock trucks will bring rip rock to the area any -rocs frr„n ..,.. to 1:11e l driveway edge of the water to dump the rocks, then they will place them. 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: Estimated that from the land edge to below pool level is 5-6 feet 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: Rip rock will he hrn,igbt up to -the edge eg the land at high water level. e necessary. b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): No plants, other than grass at the edge of the lake Applicant/Agent's Signature F 1JdLU (Agent's signature is valid only if an authorization letter from the applicant is provided.) A +e S u'r-5 tftwf5 ?,cke ?u- hetk tea. ,qqe j rACi .p Z l ?3 > y 6 j? 0 Please a pproxin dely sketch the following Werrna n on tins ;plan (please provide d mereslons for each Item, such as 10 ft. x 100 It): 1) proposed vegetation cleming (provide d1raensloina) A Location of rip rap or fill to be placed above the Full Pond eleMlon 8) Location of rip rap or fill to be placed below the AM Pond elevation The locetiorr of awrny proposed eruct a such as buildings, retaining vim, docks, etc. d) The location of arry excavation or dredging below the Full Pond elevation. Bj Locales of constrructlen access corridors. DAVID L. ANDERSON 8520 GOVERNMENT DRIVE, SUITE TWO 401 ISSUED NEW PORT RICHEY, FL 34654 (727) 849-8507 FAX: (727)847-4827 February 28, 2003 U. S. Fish and Wildlife Service WETLANDS 1401 GROUp Asheville Field Office MAR p 3 2003 160 Zillicoa Street Asheville, NC 28801 WATER ALITYSeC I' Re: David L. Anderson, Trustee, Erosion Permit Gentlemen: Enclosed is a copy of the drawing requested for my application for rip-rap rock to stop the erosion taking place during periods of high water because of boaters speeding through the narrow opening in front of my home. Please add this to my application filed last month. Should you need anything further, please advise me at your convenience. Very' truly yours, / ID L. ANDERSON cc: Mr. John R. Dorney 401 Water Quality Certification Program N. C. Division of Water Quality 1650 Mail Service Center Asheville Regulatory Field Office U. S. Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Richard Conley Duke Power 301 NP & L Loop Franklin, NC 28734 DAVID L. ANDERSON 8520 GOVERNMENT DRIVE, SUITE TWO NEW PORT RICHEY, FL 34654 (727) 849-8507 FAX: (727)847-4827 February 28, 2003 Mr. John R. Dorney 401 Water Quality Certification Program N.C. Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: David L. Anderson, Trustee, Erosion Permit Dear Mr. Dorney: 401 ISSUED WETLANDS1401 GROUP MAR 0 3 2003 WATER QUALITY SECTION Enclosed are seven copies of the drawing you requested for my application for rip-rap rock to stop the erosion taking place during periods of high water because of boaters speeding through the narrow opening in front of my home. Should you need anything further, please advise me at your convenience. Very truly yours, AVID L. ANDERSON cc: Asheville Regulatory Field Office U. S. Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Richard Conley Duke Power 301 NP & L Loop Franklin, NC 28734 W ATF9Q Michael F. Easley, governor William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources r? r Alan Klimek, P.E., Director Division of Water Quality 0 January 5, 2003 DWQ # 03-0088 Jackson County CERTIFIED MAIL - RETURN RECEIPT REQUESTED David Anderson, Trustee UTD 8520 Government Drive, Suite #2 New Prot Richey, FL 34654 Dear Mr. Anderson: On January 30, 2003 the Division of Water Quality (DWQ) was notified by receipt of yourl application regarding your plan to fill waters for the purpose of shoreline stabilization in Jacksoni County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. 1. Please indicate the fill area in waters proposed, i.e. the length of shoreline and water ward distance of rip-rap fill. You may find it helpful to use the attached form for General Permit 30 applications. This may also be downloaded from our website at http://l12o.enr.state.tic.us/ncwetlands, where you can follow the links to "A Lake Dwellers Guide to the 401 Process." Please telephone Cyndi Karoly at 919-733-9721 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. JRD/bs cc: Asheville DWQ Regional Office Asheville Corps of Engineers Central Files File Copy Program Aft 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 1 DAVID L. ANDERSON 8520 GOVERNMENT DRIVE, SUITE TWO NEW PORT RICHEY, FL 34654 (727) 849-8507 FAX: (727)847-4827 January 28, 2003 Division of Water Quality 011 401 Wetlands Unit 68 1650 Mail Service Center Raleigh, NC 27699-1650 Re: David L. Anderson, Trustee, Erosion permit Gentlemen: !f ??[ D ?. JAN 3 0 WET WATER UAL, Enclosed are seven copies of the Pre-Construction Notification (PCN) Application Form, and my check for $200, for your consideration for issuance of a permit for me to shore up the lake front area in front of my home on Lake Glenville. During the past two years the erosion has become uncontrollable, and unless I am able to have rip-rock installed, the boats and skiers will cause such damage this year that it appears that all of the trees along the shoreline will collapse into the lake. Please advise me should you require anything further. Ver truly yours, DAVID L. ANDERSON cc: Asheville Regulatory Field Office U. S. Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Richard Conley Duke Power 301 NP & L Loop Franklin, NC 28734 \N A ?O G o -c Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at li'Ltp://www.,iaw.usace.army.mil/wetlands/Pen-n app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page I of I CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www.saw.usace.ariny.mil/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less ?} 0 than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to ?j streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is C+ required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 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 Che all of the approval(s) requested for this project: Section 404 Permit ection 10 Permit 401 Water Quality Certification r-J Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested:?/,4p -26, 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: EJ II. Applicant Information Owner/Applicant Information Name: DAVID L. ANDERSON, TRUSTEE UTD 8/27/97 Mailing Address: 8520 Government Dr., New or lc ey, 654 Telephone Number: (727) 849-8507 Fax Number: (727) 847-4827 E-mail Address: None 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: Page 3 of 3 III. 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. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: DAVID L. ANDERSON, Trustee, Erosion permit 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 7555-20-6866 4. Location County: Jackson Nearest Town: Glenville, N.C. Subdivision name (include phase/lot number): T.nt LAS ??l?Rai 1 Directions to site (include road numbers, landmarks, etc.): From Glenville, NC postoffice, proceed onstate Road 107 North to Pinecreek Rd. Turn left on Pinecreek until you reach Caribou Mountain Road., hmist- arir7rPGG i a 191 r;;ri hnii Mn„ntain Rd. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: single family residence 7. Property size (acres): 0 5 9 acres, more or 1 s s 8. Nearest body of water (stream/river/sound/ocean/lake): Lake Glenville 9. River Basin: N/A (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://li2o.enr.state.nc.us/admin/inaps/.) Page 4 of 4 10. Describe the purpose of the proposed work: To prevent erosion of the chore line at and along side the dock area at the edge of the lake. Pl 11. List the type of equipment to be used to construct the project: placement of rip-rock and fahric alone shoreline, either by hand or equipment (Bobcat) 12. Describe the land use in the vicinity of this project: Residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: None VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 5 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** None i t List cacn impact separately and identity temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, 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) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htip://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, 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? (please specify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs. ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www_._t_opozone.com, www:mapquest.coni, etc.). -- Cumulative impacts (linear distance in feet) to all streams on site: Page 6 of 6 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) None i _L LAJI cnvu u„NacA Scparateiy anu iuenury temporary impacts. impacts include, but are not limited to: fill, excavation, dredging, 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): 0 uplands Fj stream wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): None tii Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): None Size of watershed draining to pond: N/A Expected pond surface area: VII. Impact 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. Page 7 of 7 VIII. Mitigation 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. USACE - 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 http://h2o.enr.state.nc.us/ncwetiands/stmigide.htmi. 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. Page 8 of 8 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 http:Hh2o.enr.state.nc.tis/wrp/index.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): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes F] 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 n 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 R No X. 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 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes F] No F] If you answered "yes", provide the following information: Page 9 of 9 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 Mitigation 1 3 2 1.5 Total f-UM; t VALUIUS VUL JV 1GGL purpunuicutur irom near DanK or cnannei; Gone 1 extends an additional 20 feet from the edge of Zone 1. 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. 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. 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes [-] No Is this an after-the-fact permit application? Yes ? No Page 10 of 10 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 Threatened Species, accessibility problems, or other issues outside of the applicant's control). US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston US Army Corps Of Engineers Alleghany Edgecombe Lee 6508 Falls of the Neuse Road Ashe Franklin Nash Suite 120 Caswell Forsyth Northampton Raleigh, NC 27615 Chatham Granville Orange Telephone: (919) 876-8441 Davidson Guilford Person Fax: (919) 876-5283 Davie Halifax Randolph Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Rockingham Wilson Stokes Yadkin Surry Vance Wake Warren Wilkes Pitt Tyrrell Washington Wayne *Croatan National Forest Only Page 11 of I I (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Fisl US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 j? r4i larine Fisheries Service Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey i and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 Page 12 of 12 t1 j????? t1 Vii' ?i %I J'llilk vp 00 b 1, (, t Op', .-jt I' lp e a? r?E?o go, 1 ?I' ', '• ? ?= iiifii? l r 11• ?? ??iiiiir! At • J ? : /. 41 "7J 31 y ? Ie. j. N '11 ? ? \ ?•'•„? / 11,11. IN, ' Y y Ia•11'r 1•e.w ', = o 14 • ? 1 S Y ????? ?! i• o? w„'•.1?,?i ?i?' ?? -- 111 '? VN > = i o 1111 p es a :;: , t ,! ?- s • 0 N 1 2 / M 1 •?-_- O Q N H Z tc) a _ Z Z - 0) U m o z z?YS?c? N 0 Z Z U O a. a = p x n J 2 W?KJ W Q a (n ? Y ? ?" f- ; Q, ? y CJWGd?\? J W 2 OW -i a -? 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This is to do what we the property as discussed. I I Owner is responsible for obtaining all necessary permits. Work performance (start/finish) will depend upon weather conditions. I I $7124.00 Due $7124.00 All material is guaranteed to be specified. All work to be completed in a workmanlike manner accord to standard practices. Any alteration or deviation from above specifications involving extra costs will executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman's Compensation Acceptance of Proposal: The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do thew specified. ent ' e ma s outlined above. ( -A?3 Signature Date Zr?l Signature Date PROPOSAL Job Name/No. Shoreline Proposal Mountain Meadows P.O. Box 1272 PROPOSAL Cashiers, NC 28717 828-743-5485 FAX: 828-743-5634 Bill To: Job Name/No. Mr. David Anderson revised proposal Shoreline Proposal Phone 4: (727) 849-8507 Date: 10/30/02 I Description Total To purchase, deliver, and place surge stone and "fabric" along shoreline. Assum- $7124.00 ing we can get bobcat and truck in. This is to do what we the property as discussed. Owner is responsible for obtaining all necessary permits. Work performance (start/finish) will depend upon weather conditions. - Subtotal $7124.00 Balance Due $7124.00 We propose hereby to furnish material and labor: complete in accordance with these specifications, for the sum of : Payable as follows: 113 upon start date; 113 half way through; 113 upon completion All material is guaranteed to be specified. All work to be completed in a workmanlike manner according Authorized Signature to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, NOTE' This proposal may be withdrawn by us if not accepted within tornado, and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. 30 days. Acceptance of Proposal: The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the w specified. ent ' e mad s outlined above. (?3 Signature ? Date ?- 6 Signature Date DWQ# o " 6 (7'Triage On-Hold Letter 2.0 $$) Plan Detail Incomplete ? Please provide a location map for the project. Staff Contact Date V12-JI(J-3 ? Please show all stream impacts including all fill slopes, dissipators. and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? 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 stormwater 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 outfalls on the site plan. ? 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. ? 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 requested. 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, copies of the site plans and other supporting information. $$) Mitigation ? 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. ) /' S,2G' / P?eaie_ t s ?,?? l / l"lei ??f? L? lie Owe e q L10? sec P1.1;