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HomeMy WebLinkAbout20051117 Ver 2_Application_20080219DS - t t ~'t V 2, Wetland and Natural Resource Consultants, Inc. February 15, 2008 Mr. John Thomas USACE Wilmington District 3331 Heritage Trade Drive, Ste 105 Wake Forest, NC 27587 RE: Action ID No. 200520968 NC DWQ: OS-1117 Dear Mr. Thomas: e~ ~~ ;N7 L~ ~,.~ Y ~! DENR - WAl EFi ~.'tur:~: ` ~npptDS AND STORMWATEk ~~ ~'. '` P ~. I The purpose of this package is to provide your office with supplemental information, as requested by you, to reinstate the previously filed Application and to complete your review of the Lissara water ski lake project. Attached to this package are a current revised site plan that depicts only the water ski lake (at one time there were 3 lakes, but we eliminated 2 of them), a revised USGS topographical quadrangle, a current EEP acceptance letter, the revised application forms and maps depicting the stream preservation proposal. Reference is also made to letters from your office dated July 26, 2007, Apri13, 2007, and October 20, 2005. In sum, these letters dictate the expected mitigation requirements, indicate acceptance of the dimensional requirements of the lake, and encourage the elimination of all lakes except the water ski lake. Finally, the correspondence dictates the mitigation requirements for the project and supports a combination of lake-side buffers, littoral areas and stream preservation. The revised site plan (Figure 1) shows the one lake and clearly depicts the community access point as well as the locations of some of the mitigating elements that were incorporated as a result of negotiations with your office. Specifically, the revised plans depict the locations of the littoral areas and the lake-side buffers. The revised plan further depicts the location of the ski course and the two turn points (circles at each end of course), the common lake access points and dry hydrants. The table enumerates the impacts: 433 linear feet of stream fill for the dam and 4,6741inear feet of stream flooding for the lake; and 0.042 acres of wetland flooding. Stream flooding impacts have been reduced by 2,0401inear feet and stream filling impacts have been reduced by 8851inear feet since the application was submitted in June, 2005. Through previous negotiations with your office we jointly determined that littoral benches and lake-side buffers would benefit water quality in the proposed lake and could be considered when Sparta Office 3674 Pine Swamp Road Sparta., NC 28675 Sparta, Newton, and Canton, North Carolina determining mitigation requirements. Mitigation ratios of 0.5 to 1 (mitigation to impact) were deemed acceptable for flooding streams and a ratio of 1 to 1 was deemed acceptable for filling streams. The following table provides an accounting of the required mitigation for the project. Required Mitigation Table Im act T e Im act len Miti ation Ratio Re uired Miti ation Dam Fill 433 1:1 433 Im oundment 4,674 0.5:1 2,337 Grand Total 2,770 The attached Preservation Plan (Figure 2.} depicts the locations of the preserved streams and the 50' lake side buffers. In consideration of the mitigating site factors your office indicated a 5:1 preservation ratio would be acceptable for flooding impacts. These buffers replicate the Neuse River Buffers in dimensions and land use. The applicant will record the deed restrictions, suitable to the Corps of Engineers, on all of the proposed preservation areas within 90 days of the issuance of the Section 404 Corps permit and the Section 401 Water Quality Certification. Mitigation for all filling impacts will occur through the NC EEP. Miti ation Tye Miti ation Len Miti ation Ratio Provided Miti ation NC EEP 1,556 1:1 1,556 Preservation 6,072 5:1 1,214 Grand Total 2,770 Per the expected process, I am simultaneously filing with the North Carolina Department of Environment and Natural Resources, Division of Water Quality, an application to start their process of permitting. Discussions have been ongoing with that agency and we anticipate moving along both of these paths at the same time. Should you have any questions regarding this letter, or wish to schedule a meeting to discuss its content, please do not hesitate to contact me by phone at 336 / 406-0906. est regards, I n~~h~l --~- Chris Huysman cc: Ian McMillan Sue Homewood Brant Godfrey Lang Wilcox Russ Willard 05-~~~~t Y2 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 {33 CFR 325) Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, Searching existing data sources, gathering and maintaining the data needed, and completing and reviewirg the collection of infonnation. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applicatrons must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, ar affecting. navigable waters of the United States; the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine uses: Information provided on this form will be used in evaluating the application for a permit. Discosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit appl~ation cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELUW 1 U tat t-ILt_tu tsY Hrru~r~-IV I ~ 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Lissara Partners LLC, c/o Lang Wilcox Christopher Huysman 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 1210 Forest Wood 3674 Pine Swamp Road Lewisville, NC 27023 Sparta, NC 28675 7. APPLICANT'S PHONE NUMBERS WITH AREA CODE 10. AGENT'S PHONE NUMBERS WITH AREA CODE a. Residence a. Residence b. Business 336 / 399-0445 b. Business 336 / 406-0906 1 ~ , STATEMENT OF AUTHORIZATION I hereby authorize WNR to act in my behalf as my agent in the processing of this appli ion and to furnish, upon request, supplemental information in support of this permit application. 4~ Z /~ -a ~~7~(J~~ C.LE~ APPLICANT'S SIGNATURE DATE NAME LOCATION; AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Lissara Development 13. NAME OF WATERBODY, IF KNOWN (if applicable) UT Yadkin River 14. PROJECT STREET ADDRESS (if applicable) 7567 Shallowford Road p` Clemmons, NC 15. LOCATION OF PROJECT Forsyth NC D ~ ~ (a:~' (~ COUNTY STATE !~'J 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) FEB ~ 9 2008 17. DIRECTIONS TO THE SITE + GUAUl'Y h`EfLANDS iER ANQ S7LRMiN ATER BRANCH From Hwy 421: Take Williams Road north to Shallowford Road. Turn Left. Site is on right. ENG FORM 4345 -ONLINE GESPK-CO-R 18. NATURE OF ACTIVITY {Description of project, include all features) Construction of subdivision with water skiing lake. See file for Action ID 200520968 and NCDWQ 05-1117 19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions) Construct lake that is safe for water skiing. I1SE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS I U 13t UISGHAKGEU 20. REASON(S) FOR DISCHARGE See file. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Clean fill for dam: 100 cubic yards 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED {see instructions) 0.93 acres of 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES © NO Q IF YES, DESCRIBE THE WORK 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY {If more than can be entered here, please attach a supplemental list) Julia S. Green Heirs 111 Mary Wood Drive High Point, NC 27265 See file for list of adjoining property owners 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED ` Would include but is not restricted to zonin , buildin and flood lain erntits. 26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting he duly authorized agent of the applicant. ~ ~S---m~ ~ 7 /1,l ~--- 2.15 - Z(x1P~ SIGNATURE OF APPLI T DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and wiN fully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, facticoous, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 -ONLINE GESPK-CO-R Name: CLEMMONS Location: 861202 ft. N 1572593 ft. E NAD 83 Date: 1/22/2008 Caption: Lissara Ski Lake Scale: 1 inch equals 2000 feet Copyright (C) 1997, Maptech, Inc. Y 4111 F~. ~ ..gae.'. =,s.k.~= ~.,. k ~ wtnGRAM ., 3anuary 24, 2008 Lang Wilcox Lissara, LLC 1210 Forrest Wood Drive Lewisville, NC 27023 Expiration of Acceptance: July 24, 2008 Project: Lissara Lake County: FORSYTH The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is wilting to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payrrient to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a rnpy of the issued 464 Perneit/401 CertifipttionlCAMA pernont within this bate tiauate, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCF.EP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. YADKIN 03040101 Stream (feet) Wetlands (acres) Buffer I (~• ~) Buffer II (~. Ft.) Cold Cool Warm lti avian Non-Ri alien Coastal Marsh Impacts 0 0 4,000 0 0 0 0 0 Credits 0 0 .8,000 0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation_ If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation. the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at {919) 716-1921. Sincerely, ~\ ~ ~ ' William D. 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