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HomeMy WebLinkAbout20072010 Ver 1_Shoreline Stabilization_20090519WT F 01 - a o t o Arrowhead Point Homeowners Association Emory Crawford 317 Farmington Rd. Mocksville, NC 27028 Jig , A ;7?= D? MAY 1 9 2009 May 14, 2009 Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 UENR - (MATER QUALITY WETLANDS AND STORINNATER BRANCH Re: Proposal - Ten Slip Private Marina Located in Arrowhead Point Subdivision off Wayana Road on Lake Nantahala, in Macon County, North Carolina An original request was sent on November 28, 2007 for any response to a ten slip private marina that is proposed to be constructed at Arrowhead Point Subdivision. The homeowners association is requesting to change the original proposed 300 linear feet of stack stone stabilization to 180 linear feet of rip rap stone for stabilization. We ask that you advise us, by return mail, of any comments you may have concerning this development. Enclosed is a copy of the original letter and the response we received from you. Please advise if additional information is required, I can be reached at the address above or by phone (770-331-9569). Sincerely, Arro head Poi Peowners; Ass cia ion Emory Crawford CO m X The following is an abbreviated application foj `O Quality Certification to impact FERC (Fed' regulated lake shore or bottom under the L l CP30. This application cannot be used for m provide seven (7) copies of this application ano non-refundable application fee to the Divish m impacts of to lake bottom of less than 1 acre a c3 of greater or equal to I acre. a ru Applications should be sent to: o C3 r- Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information tL ? v ,1 LACE, Ce k? er 1. Owner/Applicant Information Name: J. Emo!y Crawford Mailing Address: 371 Farmington Rd. Mocksville NC 27028 Telephone Number: 336-998-3341 Fax Number: None E-mail Address: 'None 2. Agent/Consultant 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: 11. 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 protect. 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: Macon Nearest Town: Andrews Subdivision name (include phase/lot number): Arrowhead Point Retreat Directions to site (include road numbers, landmarks, etc.): From Andrews. NC: Drive up to Junaluska Gan road till dead end at Wayah Road Turn right go east on Wavah road apx. 5 miles to 14700 Arrowhead Point main gate entrance Drive down to Arrowhead Point west end of drive. 2. Describe the existing land use or condition of the site at the time of this application: Mixture of Mountain Laurels Hardwoods and nine (old growth) 3. Property size (acres): .20 Acres 4. Nearest body of water (stream/river/sound/ocean/lake): Lake Nantahala 5. Describe the purpose of the proposed work:_ To construct a floating dock at lake that will accommodate ten (10) watercraft for use as a private marina. Stabilize shoreline using dry stack stone and back fill dirt as needed that will be placed along 300 ft of shoreline. 6. List the type of equipment to be used to construct the project:_ Work boat, general hand tools, delivery trucks for floating dock and pier. Stacked stone for retaining wall. 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: Stacked stone for retaining wall, back fill with dirt anv oven areas. Use concrete deadman anchors on lake bottom. 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal poll lake level and 50 feet land-ward in square feet or acres: Minimal removal of small trees Drilling holes in rock face Pier footing holes. Stacked stone for retaining wall Back fill only as needed b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): Mixture of Mountain Laurels Hardwoods and Pines (old rowth, .?k F Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ' F ?'V A TF \O?Q 1QQG Michael F. Easley, Governor y William G. Ross Jr., Secretary t- North Carolina Department of Environment and Natural Resources y t] Coleen H. Sullins, Director Division of Water Quality December 27, 2007 DWQ Project # 07-2010 Macon County Mr. J. Emory Crawford 371 Farmington Road Mocksville, NC 27028 Subject Property: J. Emory Crawford Lake Nantahala [040403, 2-57-(22.5), B, TR] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Crawford: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.02 acres of open waters below the normal pool lake level and 0.00 square feet above the normal pool lake level for the purpose of constructing a stacked stone bulkhead along 300 feet of shoreline as described within your application dated July 6, 2007, and received by the N.C. Division of Water Quality (DWQ) on November 30, 2007, with additional information received from you on December 12, 2007. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use General Permit Number 30 when issued by the US Army Corps of Engineers (USACE). 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 Non- discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Shore line-bulkhead below the normal pool lake level Amount Approved Units 0.02 (acres) Plan Location or Reference Application Shoreline-bulkhead above the normal of lake level 0.00 s ware feet A lication .Hands Certification Unit Mal Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250. Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-7336893 / Internet: htto://h2o.enr.state. nc.ustncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper one Np ??,,Caroina )vaMM11y Mr. J. Emory Crawford Page 2 of 3 December 27, 2007 3. No N 'aste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. C. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Mr. J. Emory Crawford Page 3 of 3 December 27, 2007 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 Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kevin Barnett in the DWQ Asheville Regional Office at 828-2,, -4500. WAW Sincerely, ` 7 Coleen H. Sullins CHS/ijm Enclosures: GC 3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office Kevin Barnett, DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: 0720101EmoryCrawford(Macon)401 _GP30 Water Quality Certification No. #3693 Water Quality Certification Number 3693 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in the Wilmington District's Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities which require approval by the US Army Corps of Engineers under either of these Regional Permits, but do not result in fill, dredging or excavation of waters or wetlands (such as docks, piers or boathouses), do not require written approval from the Division of Water Quality as long as they comply with all other conditions of this General Certification. Activities that do result in fill, dredging or excavation of waters or wetlands under this Water Quality Certification, require written approval from the Division of Water Quality. Projects that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written approval to use this Water Quality Certification regardless of the proposed impact amount to streams, wetlands, and waters. Any impacts to streams and/or buffers in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other basins with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application [in accordance with 15A NCAC 2B .0200)), unless the activities are listed as "EXEMPT" from these Rules. In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for written approval for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Conditions of Certification: 1. No Impacts Beyond the Thresholds Authorized by this General Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the thresholds established for use of this Certification, beyond the footprint of the impacts authorized in the written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: Water Quality Certification No. 3693