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HomeMy WebLinkAbout20031348 Ver 1_COMPLETE FILE_20031030OF WATF9p November 6, 2003 DWQ Project #: 03-1348 McDowell County APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS James R. Antonneau 18930 Killarney Way Brookfield, WI 53045 Subject Property: The Arbor subdivision, Phase II, Lot# 27 Dear Mr. Antonneau: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.01 acres of waters and 0.02 acres of protected riparian buffers on Lake James for the purpose of installing rip rap to stabilize approximately 120 feet of shoreline, as described within your application dated October 27, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Duke Power regulations and permits. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us 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. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 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 Coleen H. Sullins, Deputy Director Division of Water Quality Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0243(5). 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) Customer Service #: 1-877-623-6748 Page 2 Mr. Antonneau November 6, 2003 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, Attachments: Certificate of GC 3373 JRD/bs I a . Klime , P.E., Q, Director Comple ' n cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office File Copy Central Files Sue Harmon, Permits, ETC. DWQ # 03-1348 031348 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 OCT 3 0 ZoO3 WATER ?T, 1. Applicant Information Owner/Applicant Information Name: Mailing Address: Telephone Number:"a - IN -.5914, Fax Number: E-mail Address: 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: DCgMITS ETG Company Affiliation: st iF HARMON Mailing Address: P.O. BOX 234 ROILING SPRINGS, NC 28017 Telephone Number:9 U - ' 07 Fax Number: 704 - 34 " 1 00 E-mail Address: 1)errni?Sf??C(????r^1+n rr. riM .r 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 Tames fit. An-tonneau 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. Location County: MC-DOWe.L I Nearest Town: Subdivision name or site address (include phase/lot number): Lot Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): Fro Mor=tom JUkc lfwu 706 Describe the existing land use or condition of the site at the time of this application: V&_D nf? Wa ded.?r,?idP ? l laKe (off 3. Property size (acres): 0 83 O-C T P-5 4. Nearest body of water (stream/river/sound/ocean/lake): L.QKc. T((IMF'5 5. Describe the purpose of the proposed work: f;lr,rl f)ro va n P r.rn!qnn hu n List the t e of equipment to be used to construct the project: U(l hoe, and 7. Amount of impact (including all excavation, backfill, rip rap, retainin walls, etc.) below the normal pool lake level in square feet or acres: a " X 1D 020 a. Amount of impact (including all clearing, back fill, retaining walls, etc.) above the normal pool lake level and square feet or acres: 4')( l a.0` -f' 8'.)( 5o b. Please describe vegetation above the normal pool ward to be impacted (number of trees for instance):- ?9 -Ii I I 1 The d (5+u.rbed area. WR( ha.vc? 6LO a.p pl i ed Agent's Signature excavation, rip., rap, 50 feet land-ward in level and 50 feet land- 0? h2 MVOLIJ CUM o R-, Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ,Tames I .. Anfonneau W Iq / ?ha5p, V 11je- Arbor Lake (Full Pond) Full Pond Shoreline 1? i p rc?p u!'RIP re landward Pa?',u?"1 La* wo_rd Y, /'o' J& E---- 4! A I ao' Cleared - Above. Pond Please approximately sketch the following information on this plan (please provide dimensions for each item, such as 10 ft. x 100 ft): 1) All proposed vegetation clearing (provide dimensions) 2) Location of rip rap or fill to be placed above the "Normal Pool" elevation 3) Location of rip rap or fill to be placed below the "Normal Pool" elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the "Normal Pool" elevation. 6) Location of construction access corridors. "RIP ?:?roxila??) r4 will be. 1W Feet in lenh and ? -Fed' i R he?? h?. Lq+h of shorel?n? of ?o+-? a1 is a?pro?;ma+? Sao ??t, 5cc,,1? I inA Approx.. 5a jw5 ArhnwLu. Of sh"t] i ne, a Lot a7 Lot a1 ? Phab?Tr RWA. I aM -fret- "(hc Arbor R; p rO.p oLPproX. aD ?f 't n ler? ? \ . V and (P feel n kei# u \? ? 56' U CO u.cti'on • ""` Mry .1 ti r5' ?3uilding 4 0.740 cG ; ; Setback { 2 (6) N 0.65 ?c Set ock 025 I L C? _,, I eoA 1 ?O ac.' + 1 v w t C28) - a, t tom, (? ? V I C2 1 l i { g % O • ? _h _ Q?`.y0 C Q? 70 Q? D m O U 0 Z N 0 a) Z w ?_ `126 lD 4 z 4 N L Q h U y C O U F' E o m a m nZ rg qy 3_i Z N w N E li u w _L ) a w c c c N -_ N Qi Q t? ac0 N ), ?? 8' u O Y O c m z E A o o u UO u m c O n - N 7 7 0 ?aa Ot on U U U00 . . 3,n r 10. 17. 2003 To: North Carolina Division of Water Quality I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my application for shoreline stabilization. Signature (s) Date l e 'V- S? --? ?? y