HomeMy WebLinkAbout20030430 Ver 1_COMPLETE FILE_20030408\o?QF w A T?9pG
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April 29, 2003
Montgomery County
DWQ Project #: 03-0430
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
Ivan W. and Mary L. Sowders
1917 Fenton Street
Rockingham, NC 28379
Dear Mr. & Ms. Sowders:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of waters
for the purpose of shoreline stabilization at Emerald Shore, Lots 27 and 28 on Lake Tillery as you
described in your application dated April 5, 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 hqp://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 a 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.
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
AM
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), (hftp://h2o.enr.state.nc.us/ncwetiands
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
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 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 Alan Johnson
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
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P.E. ctor
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April 17, 2003
Montgomery County
DWQ Project #: 03-0430
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
Ivan W. and Mary L. Sowders
1917 Fenton Street
Rockingham, NC 28379
Dear Mr. & Ms. Sowders:
You have our approval, in accordance with the attached conditions, to impact 0.01acres of waters
for the purpose of shoreline stabilization at Emerald Shore, Lots 27 and 28 on Lake Norman as you
described in your application dated April 5, 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 h!tp://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General
Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the
Catawba River buffer rules (15A NCAC 2B .0243). In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions-If total,
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
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
1. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream
buffers;
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for the installation of a sea wall to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
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
4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir;
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 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 Alan Johnson
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRDlbs
Attachments
Alan W. Klimek, P.E., Director
-cc: Corps of-Engineers -Asheville Field Office ._?._.._
Mooresville DWQ Regional Office
File copy
Central Files
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 i 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
1. Applicant Information
4 ? ?1
(Is 1. Owner/Applicant information w _
Mailing Addr+oss:I a I F A N rEr
IV , U 1- ii 1017 /Alan 71 4
Telephone Number._'/D ?'?. S.Z ! . Fax Number: q?_
E-mail Address:
2. Agent Infonnati (A
must be attached if
Name:
Company Affilia
Mailing Address:,
d dated copy of the Agent Authorization letter
signatory authority for the owner/applicant.)
Telephone Number: Fax Number.
E-mail Addren:
IL 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
WETLANDS 1401 GROUP
APR 8 7003
WATER QUALITY SECTION
yo r project. Also, see the example below for guidance. Both the vicinity map and
sit plan must include a scale and north arrow. The footprints of all buildings,
iml ervious surfaces, or other facilities must be included.
1. LDcation County: Nearest Town: 1? ? ?s L i 1T C
Subdivision name or site address (include phase/lot number): 9, 011A.(D
!Directions to site please include road numbers, landmarks, etc. (This is not
'necessary if an al7ote vicinity map is included): t, -r # -2 S
s
2. ribe the existing land use or condition of the site at the time of this
lication: 6M -t- /I e- % 12 ;f i,:W L
<<,I-A&
3. 1P?operty size acres : 44 MO 4 f eYy / G, bGb 41k
4. Nearest body of water (stream/river/sound/ocean/lake): 7"-,11E&4
5. 1r
6. L
7. A
C
8. a
8
' Cd« nl f? f "t'
escribe the purpose of the proposed work: '22
.4 pf/D I Q Or"
I
fist the type of equipment to be used to construct the project: j5l? L11
T
17"'g St 0,02t
mount of impact (including all excavation, backfill, rip rap, retaining walls,
.) below the normal pool lake level in square feet or acres:
Amount of impact (including all clearing, back fill, excavation, rip rap,
fining walls, etc.) above the normal P901 lake level and 50 feet land-ward rm
pare feet or acres: ?? i?? 4= V &?
ati,,.w. the nmmal pool lake level and 50 feet land-
Appli gent' Date
s Signature
(Agent's W tune is valid only if an authorization letter from the applicant is provided.)
' WETLANDS /401 GROUP
i
APR 7.003
WATER QUALITY SECTION
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WETLANDS1401 GROUP
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WATER QUALITY SECTION
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