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HomeMy WebLinkAbout20060216 Ver 1_COMPLETE FILE_20060210o?o? \ NA rF9Q0 fit r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 22, 2006 Mr. Jerry Hyland 2240 Danridge Drive York, PA 17403-4518 Subject Property: Jerry Hyland Lake Tillery [030708,13-(1), B, WSIV B, CA] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hyland: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0216 Montgomery County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 68 feet of shoreline of waters (Lake Tilllery) for the purpose of constructing a 68-foot (by 2-foot wide) bulkhead along the existing shoreline at the subject property, as described within your application dated February 6, 2006 and received by the N.C. Division of Water Quality (DWQ) on March 9, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use Nationwide Permit(s) NW80 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, Non- discharge, and water supply 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 21-1 .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: - I E Amount Approved (Units) Plan Location or Reference - Waters (shoreline Lake TilleEy) 0.0031 (acres) Attached ma and plan 401 Oversight / Express Review Permitting Unit 1650 Mail Scrvice Center, Raleigh, Noah Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27603 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http /ih2o.enr.state.nc.tislncs%ctl inkis NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer- 50°o Recycled/10% Post Consumer Paper Mr. Jerry Hyland Page 2 of 3 March 22, 2006 2. Erosion & 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 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., For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters 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. Bulkhead Construction The bulkhead may be no longer than 120 feet in length (along the existing shoreline) and may be no wider than two feet in width and must follow the existing shoreline geomorphology. 6. 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 Oversiglit/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. Mr. Jerry Hyland Page 3 of 3 March 22, 2006 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. 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. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Eric Kulz at 919-791-4200. incerely, A`VKlijm Enclosures: GC3495 Certificate of Completion cc: USACE Wilmington Regulatory Field Office Ken Averitte, DWQ Fayetteville Regional Office DLR Fayetteville Regional Office File Copy Central Files ^ Alan W. Klimek, P.E. Filcname: 060216JerryHyland(Montgomery)401 ..u cv-cuu..r o?•.?o rrt?r?.uwt.-v:CtLt4YUJ 717fJJbL77J 0fidca Utsa Only: . 'USACE Actions ID No. (IF any partieulzr item is not applietble to this ?. a rocesgitte [ U: `J1`l3F9?f.iy13t3k r: b' l o c? 0 - --- ParutVersionMny?002• . DENR - WATER QUALITY WETUNDSMiD STCR.'RATER ER/JJCH (p 0 ? VrQ lvo. please enicr "Not Applicabl_' or "N/A".) 1. Check all of the approval (s) requested for tl-ds project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Pe mit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina DiAsion of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? Il.. Applicant Information 1. Owner/Applicant Information Name: Mailing Address: Telephone Number:! ~I- ?i' Fax Number: E-mail Address: 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 owneriapplicant.) Name: l3u%Cti Ord Company Affiliation: Mailing Address: BO t? R Tele bone Numbe-: 11 p , !fi L? 8' / t5 Fax Number: /4V 3 ! E-mail Address: rn,, p fB ('nd yh ra ,,a 1?__._C!' t - - Page 5 of 12 SEP-26-2005 09:37 FRO1:CWQ-WETLRHDS 9197336693 T0:919104391394 P:7-113 1<"x I. ?reject Information At,aeh a vicinity m.ap C1=1 Y showing the location of the pxopcrty with respect to local landinarRs such as towns, rivers, and roads. Also provide a detailed site plan showing property bow:daries and development plans in relation to surrounding properties. L'otli the vicinity map and site plan must include a scale and north arrow. The specific footprint-i of all buildings, impervious surfaces, or.other facilities must be included. If possible, the maps and plans should include tic appropriate USGS Topographic' Quad Map and NRCS Soil Survey with the proparty boundaries outlined. Plait drawings, or other maps may be included at the. applicant's discretion, so long as the oxoperty is clearly defined. For administrative and distribution purposes, tho USACE requires information to be submitted on she: is no lamer than 1.1 by 17-inch format; however, DWQ may accept pape..nvork of any size. D%VQ prefers full-size construction dravings 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 1v-ill b= informed that the project has been placed on hold until deeiphCrabls maps are provided. 1. Name of project: 2. T.I.P. Project Number or State Project Number (NCDOT Only): k/A 3. Property Identification Number (Tax PLN):, lif6} r 4. location , Counri: fi3) :V f r; Nearest Tow.a: Subdivision narn??(include Phase/lot number); IJz,!? si a '? Directions to site (include road numbers, landmarks, etc.) 5. Site coordinates, if available (UTM or Lat/Long): kNt ote - If prpject is linear, such as a road or utility line, attacla a sheet that separately lists the coordinates for cash crossing of a distinct waterbody.) Y 6. Properly size (acres): g,' ?- c' 7I . Nearest body of water (stream/river/sound/occaMakc): ??'/t??'J{ r;! S. River Basin: (Note - this must be one of North Carolina's sevcntecn designated major river basins. The River Basin neap is available at ligp:/lh2o.enr.statc.nc.uVadmin/mapsl.} °. Describe the existing conditions on the site and?cneral land use in the vicinity of the project at the time of this application: Pap 6 of 12 sER-26-2ew 09:37 FROM:DWQ-WETLFiNDS 9197336893 10. Describe ttheoveral project in detail, includin; the type of C'! •. 'r'd'c T0:919104391384 P:8'13 ipment to bra us d- r 11. Explain the purpose of the proposed work: IT,7. prior, Project History if jurisdictional determinations andior permits have been requested and/or obtained for this prgjcct (including all prior phases of the same subdivision) iti the past, please explain. Include the USAGE Action ID /dumber, DWQ Project Number, application date, and date permits and ceItif'ications were issued or withdrawn. FroFido photocopies of previously issued pcrttuty, certifications or other useful infomiation. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable).' If this is aNCDOT projeel, list and describe permits issued for prior segments of the same T.Z.P. project, along with construction schedules. V. kfuture Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, mid provide justification for the exclusion of this work from the current application. VI. Proposed Irnpacti to Waters of the United Statcs/Watcrs of Me Stato ft is the applicant's (or agent's) responsibility to determine, delineate and map all impacts-to wetlands, open water, and strcam 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 lasted herein, and must be clearly ldeotiftable on an accompanying site plan. All wetlands and waters, and all streams (intermitient and perennial) must be shown on a delineation map, whether or mot 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 7 of 12 SEp-26-2005 09:33 FRQMIDWQ-142TI-RNQS 91973368'?3 70:919104391384 P:9.113 1. Provide a lvritten descxiption of the proposed impacts: 2, Individually list wetland impacts below: %Victland Imp= Site Number ittdicato on ma Type of brpact4 Area Of Impact a=) Located yritbin too-ye r Ploodplai.-1s° cs/no) Distance to Nearest Stream linear tcet r-" Type of Wetland to /vZ /J I ._? . i. :. 1 e•lAnrinn rmclinrt. fill. A list etch im>;cct separately and idcnaty tempo y impaeu. nllpucu mcluuc, Vu. W%; i,V. excavotior.. flooding, ditchirgidrainagc, ctc. For dams, separately list impacts ducto both structluc and llocditi,,. 4A 10C-YCtr 000dplains arc identified through the Federal EmerOencp Mancgoment Agency's (FE-MA) Flood Insumncr Tinto Maps (Yl tM), or rF_MA•tp;.rovcd '•ncai 9oodplain mars. %4ap3 um avril*lc througb the FF.MA Map Scrvice Canter at I-500.353.961 G, or ontlnc at Fltr:!lonvw.f naluy• tb' i.ist a Y/C:llnd IyTc that bast d--icribcs wotlond to be impacted (e g, fr-,shwa:e:lstlhcatcr marsh, forrst:4 «'ctland, b?t?C.r pond, Cuelinn I3ay, bog, cta) :ndi cite if win', and is isolated (dcamtination of isokaim to be made by USACE only). List the total acreage (estimated) of till exlsting walands on the property: 'T'otal area of wetland impact proposed: -- 3. Lidividually list all intermittent and perannial streun impacts below: strc= Tmpact Sitz Number indicate en ma Typo of linpact" Length of Impact linear feet Smam Name" I Ave.age Width f o`5tr= before Im act P4rcDmiai or Tntcrrtittcut? Icase s ee' e t { LINE Caen nrip:t;1 npraateiy anc icenury temporary IntpBetS, lmpac; S inclUde, but arc nut limited to: culverts :end zwocIgIN rip-rap, dams (scpurilcly list impacts due to bcth stracturc and flooding), relocaian (include linear feet bcforc and after, and nct IossJgaln). stthilirtion activities (ccmenL wall, rip-rzp, crib wall, ;,.biom, ctc.), c-==anon, dttching/straigb1ming, etc. tf strn.am relocation is proposed. pl: ru and p-ohl:s sb.owing ih_- linear footprint for bosh th-. original and relacatcd strcwms must be ineiudct. StraLn nams can ba Icund on USGS topogtophic maps. If a Sttrorn ha•¢ ro nw=, list rs UT (unnnmcd tributziy) to the n=est downstnum named virzam into which it flows. USGS mops are available Uuougb tite USGS at 1 30t) 3511-9GiG,. or oalitie at w.y? ys +• several internet sites also ollow direct download and printing of USGS maps (e g., m ? .tcLrummnr m_. my+v,m7pgucrtc0m, ctc.). Cumulative impacts (linear distance in feet) to all streams on site: Fa c3cf12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlal11"t0 Ocean and any other Nutter of the U.S.) below: Area of Water impact ' Open Site Number Type of llnpacr • Impact Indicate ?n mu (acres Namc of R'atcrbody ilcable (?4AP ) ofll?ateibndg T}T' nice =d, Mary, sound, p=d ? - ' bay, ace2r, etc.) Cep ? •4?/?/+'nr.Ylo?>?'•? ?%«".?' ,r?,?= ?? ^' ,'`r _?? =., .F ...w.. L... r .. r.4 I: c nanrl fn• fill. CYL'1Vdlla`3. df:.Cj.°,II1P List cscl impact 9cpalately at'.C IOea i'rv rCMPVr4ry ;Mpacu. SII:p::Gl: U1%Jauc, DU W. uu. .«•u f ood6rlc, draiange, bolkhenis, etc. 5. Pond Creation If construction of a potu is proposed, associated wetland and stream impacts should 'be included above in .Ile wetland and stream impact sections. Also, the proposed pond should ba described here and illustrated on any mans included with this application. Pond to be created iii (check all that apply): ? uplands D stream ? wetlands Dcscriba the ;neulod of constructioii (e.g., damlemban1cmeni, excavation, installation of draNa'-down valve or spillway, etc.): - - - /611 Proposed use or purpose of pond (e.g., Lives ck'watering, irrigation, aesthetic, trout pond, local stormwater rcouircment, etc.): Size o-f watersbed draining to pond: Expected pond surface area: jrII. Impact Justifhmtion (Avoidwicc nd Minim atiou) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information rata-fed to site c:onstr nts such as topography, building ordtnarces, accessibility,. and financial Viability of the project. The applicant may attach drawings of alternative, lover-impact site layouts, and explai7 why these design options were not feasible. Also discuss how impacts NY= minimized once the desired site plan was doweloped. If applicable, discuss construction techniques to b:, followed during construction to redpce impacts. VIff. Mifigntion DWQ - Ir accordance tivith 15A NCAC 2H .0500, mitigation may be inquired by the NC Division. of Water Quality for projects involving greater that or equal to One acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial strCarns. Pago 9 of 12 SEP-26-2065 09:39 FROM:01.40-NEi1ANDS 9197335893 70:919104391384 P:11-113 U,,'-.ACE - In accordance with the Final Notice of Issumce and Modification of Nationwide Permits, published in tho Feder^..1 Register on March 9,'21000, mitigation will be required Wk-en accessary 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 tea impacted aquatic resource will be considered in detcmdming acceptability of appropriate and practicable mitigation as proposed. E,cantples of mitigation that may be appropriate and practicable include, but are not limited to, reducing the si7z 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 :unctions and values, prey"erab!c is the same wetershcd. If mitigation is required for this project, a copy of tine widnati.on plan must be attacbcd in order for 1`'SACE or DWQ to consider the application complete for proeessuig. Any application laekin- a required mit-.gation 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 Daft Technical Guide for Stream Work in North Carolina, available at littTxWh2o enr s1 ate nc.us/ncwetlands/s'urm idg e.html. 1. Providc a brief description of the proposed mitigation plan. The description should provide as much information as possible, includutg, but not limited to: site location (attach directions and/or -tap, if offsite), a5acted stream and titer basin, type and amount (acrca,e/li'.necr fact) of mitigation proposed (restoration, crinancefracnt, creation, or preservation), a plan view, preservation mechamusm (e.g., deed restrictions, conservation casement, etc.), and a description of the current site conditions and proposed method of construction. Please att?zh a separate sheet if more space is needed. t 2. Mitigation may also be made by payment into the North Carolina Wetl ands Restoration Program (NCWRP). Please note it is the applicrnt's responsibility to contact the NC`rv'RI' at (919) 733-5203 to determine availability and to request written approval of mitigation prior to submittal of a PCIV. For additional information regarding the application process for the or NCWY, check the NGWRP wcbsite at http;//h2o.cnz.state.nc.us/wxp/index.htm. If use the NCWRP is proposed, please check the appropriate box on page thrce and provide the fo.llowine information: WA Amount of'stream mitigation requested (linear feet : _ Amount of buf;ermitigation requested (square feet): it .A.mount of Riparian wetland mitigation requested (acres): Amount of Nor:-riparian wetland mitigation requested (acres): Amount of. Coastal wetland mitigation requested (acres): Pane 10 of 12 SEP-26-2005 09:40 FROM:CWQ-WETLANDS 9197336993 III. T?• ,ek. ,nvirournental Dodti>utentation (rCC;tr?rcd ley I9 R1Q) T0:919104391394 P:12/13 Does the project involve an expenditure of public (federal/state) funds or the use of public (fedcrallstate) land? Yes 0 No If yes, does the project require preparation of an environm.ntal document purSutant to the requirements of the National or North Carolina Enviro=nmental Policy Act (NFPA/SEPA)? Note: if you are not $urc whether a NEPAISEPA document is required, call the SEPA coordinator at (919) 733-5033 to review cturcuttlur-sholds for environmcntal documentation. Ycs ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NiEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Mparinu axtd Watcr.-311ed Euaf rv (required by DVIQ) 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 appiicaut must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identir'lable ou tl:v accomp raying site plan. All buffers must be shown on a trap, tyhctbur or not impacts = proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicants discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neusc), 15A NCAC 2B .0259 (Tar-Palriico), 15A NCAC 2B .0250 (Rand!oman Rules -,Md Wiper Supply Buffer Requirements), or other (please identify )? Yes ? No ? if you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buff-or mit;gat.ion is required calculate the required amount of mitigation by applying the buffer multipliers. zone" (s rr.paceet Multiplicr I Mitt anon I 3 2 1.5 Totiv1 7_ono 1 cxt.hds out 30 fc:t pcrp-.ndieulzr from near banl: of channel; Zone 2 extends an additional 20 fact from the edge of Zono t. Page 1 t of 12 SEP-26-2005 09:41 FROM:0WQ-1,ETL:NM 9197336893 T0:919104391364 P:13-1 13 if buffer mitigation is required, please discuss what type of mitigation is proposed (Le., Donation of Property, Conservation Easement, Riparian Buffer Restorratioa / Erdianc mT ua o m lion as Payment into the Riparian. Buffer Rc3tOrati0tl Fund). Please attach J1 appropriate idcntined within 15A NCAC 2B .0242 .0260. /,a ,i A. storm-, ater (mgti:ed by DWQ) Describe unpcrvious acreaue (Until existizag and proposed) versus total t:crcagc on the site. Discuss storrnwater controls proposed in order- to protect surface. waters and wetIvAds do,vmstream from the property. v-1T. Sc=t•nga Disposal (required by DVIQ) ClerrIy detail the ultimate treattucat methods Vmd disposition (non-discharge or discharge) of wasteNvater generated from th.e proposed project, or available capacity of the subject facility. XTH. Violations (required by DWQ) Ts this site .in violation of DWQ Wetland Rules (15 A I\TCAC 2H .0500) or asy Buffer Rules? Yes ? No Ts this an after-the-fact permit application? Yes ? No UV. Omer Circu=tanees (Optional): It is the applicant's responsibility to submit the application sufficiQia0y in zdvanee of desired construction dates to allow processing time for thcs:. permits. However, an applicant rrp y choose to list constraints associated with construction or sequencing that may impose linuts on work schedules (e.g., draw-down schedules for lalces, dates associated vrith Endangered Wd Threatened Species, accessibility problems, or other issues outside oft_he applicant's control). 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910-439.1384 Applicunt/AgenVs Sign, pare - Date (Agent's signature is valid only if an authorization letter frorn the applimnt is provided) Page 12 of 12 1 of 1 Brown's Construction 1-24-06 104 Dogwood Lane Mt Gilead N.C. 27306 910-439-1384 To whom it may concern I Jerry Hyland give Butch B. Brown of Brown's Construction my permission to act as my agent in securing the permits and permissions required, and the construction of the sea wall and the boathouse. The sea wall and boathouse is to be constructed at my dwelling at 426 Deerfield Road Mt Gilead N.C. Verry Date Hyl nd Brown's Construction 104 Dogwood Lane Mt. Gilead N.C. 27306 910-439-1384 Pre-Construction Request. Owner Name Jerry Hyland 2240 Dandridge Drive York, P.A. 17403-4518 H- 717-741-1161 C- 717-309-2615 Location of construction Tilllery Park Development 426 Deerfield Road Mt Gilead N.C. 27306 2-06-06 Propose construction. The construction that is proposed at this location is to sea wall approximately 70 ft long and 4 ft high. The sea wall is to be constructed of treated lumber and is to be backfilled with 2-inch stone and riff raff on the lakeside of the sea wall. The boathouse is to be constructed of treated lumber, as per plan 1 and plan 3 Attached. All construction is to meet N.C. building codes, Progress Energy and U.S. Army Corps of Engineers specifications. Butch Brown Brown's Construction 104 Dogwood Lane Mt Gilead N.C. 273206 910-439-1384 - 'BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910-439-1384 CST 4,s" va*= =.tog _+' f?- t3 \'-'- •ax?? ?y ? 911'?lr? L7 wo cfi4 y / ? tl J / ZL:CL s• g rim tai. r V L9 L ? 8 : -Na -A rl Ia.,?.Li 60N td ! F3-- a a 11---?/ Peug/l ?m ++? F ,??,,,,, a3 Ia O + r ?--? Nei ?????31 . 1 Lv -cvuJ CJ7 • .?.7 r Rur? • uwt_-1tiC t LtT YUJ 7S7 f JJbi]7J 1 --_ _ luil?(( MAR 9 2006 DENR - OVATE R QUALITYl , oGEcc U;sc only: • USACE Action ID No. (If any partia is not applicable to Fann Version Moy 2002• . N o• 0 Lo -- C) to enter iJot Appiicabl?' or' t'1'!e??".) 1. Check all of the approval (s) requested for this proiect: ? Section 404 Permit M Riparian or Watershed Buffer Rules ? Section .10 Permit Isolated Wetland Permit from DWQ ? 401 Watcr Quality Certification 2. Nationwide, Regional or General Pemit Number(s) Requested: . --- 3. If this notification is solely a courtesy copy because written approval for the 401 Ccrtilicadon is not requircd, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NUIRP prior to submittal of PCN), complete section V HI and check here: ? 5. If your proiect is lotxited in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina DiNision of Coastal Management Area of Environmental Co-Rcern (see the top ofpage 2 for further details), check here: 11, Applicant informnflon 1. owier/Applicant Information Nance: Mailipg Address: Telephone Number: 7/_7- 7 .71- Fax Number: E-mail Address: 2. AgentlConsultant Information (A signed and dated copy of the Agent Autborimtion letter must be attached if the Agent bas signatory authority for the owizeriapplicant.) Name: X3u /Gh ' &"t111 Company Affiliation: Mailing Address: -rnn^ Telephone NTumbar: E-mail Address: k Fax Number: 7/C,' - Y ;!!,„a'- n.(7, n';I Page 5 of 12 0 SE?-26-2005 09:37 FR0l9:1)WQ-WETLRNDS 9197336333 T0:919104391384 P: 7-113 M. ?roject linforn'Q ion Amch a vicinity m.ap clearly shoRfing the location of the property with respect to locul landmarks such as towns, rivers, and roads. Also provide a detailed sit z plin showinv property bow darics and development plans in relation to surrounding properties. Botlt the vicinity map and site plan must include a scalc and north arrow. The spccifrc footprints of all buildings, impervious surfaces, or.other facilities must be included. If possible, the maps and plans sbould include the appropriate USGS Topographic' Quad Map and NRCS Soil Survey with the propertY boundaries outlined. Platt drawings, or other maps may be included at the applicant's discretion, so tong as the property is clearly defined. For admirristrative?and distributioi? u ores, ho USACE requires information to be submi.red on shc..t., no lar,,er than 1.1 by format; however, DWQ racy accept paperwork of any size. DNVQ prefers full-size construction drawings rather than a sequential sheet version of the gull-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will b: informed that the project has been placed on hold until deeipherabla maps = provided. I . Namc of project: I 2. T.I.P. Project Number or State: Project Number (NCDOT Only): 6 3. ?roperty Identification Number (Tax PL l):, AW -- 4. i ouation CGt'.,rj: f/)7pl i.." %'r :•( Nearest Town: ?.? .4f?f.` Subdivision naraV?(include l hase/lotnumber'): VV2/ 1, y Directions to site (include road numbers, landmarks etc.) ? -6 lit 01't-_ 5. Site coordinates, if available (UTM or Lat/Long): ltgote - If prpiect is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct watcrbody.) 6. Property size (acres): ter ',) A(.; / 7. Nearest body of water (stream/river/soundlocenn/lakc):?f ?'rl???'1<' e? i •? S. River Basin: (Note. - this must be one of North. Carolina's seventeen designated major rivet basins. The River Basin ntap is available at httn:/(h7o.enr.statc.ne.us/cdmin/maps/.) °. Describe the existing conditions on the site and general land use is the vicinity of the project at the tim.e of this application: f' -- ° ." Pcgo 6 of 12 SEP-26-2005 09:37 FROi"MO-WETLANDS 9197336993 10. Describe the overall project in detail, izncludiuj the t 70:919104391384 P=8-1 13 of cauipmcut to I= used: 11. Explain the purpose of the proposed work: !17. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this praicct (including alt prior phases of the same subdivision) ba the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and cm-tifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Desctibe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable).* If this is aNTCDOT project, list and describe permits issued for prior segments of the same T.Z.P. project, Jon, with construction schedules. V. Future Project Plans Arc any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work- from the current application. V1. Proposcd iinpaeta to Wnters 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 wa_ers, 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 inay :be included at the applicant's discretion. If this proposed impact is stzictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for lasting or description, please attach a separate sheet. Pap 7 of 12 SED-26-2005 09:33 FROM:OWQ-14ETLANDS 919733689.3 70:919104391384 P:9/13 1. PrOVide a Nvritten dcscxiption of the proposed impacts: 2. Individually list victiand impacts below: %Vatlanci lmpazt Site Number indicate on ma Type of Iznpact2 Area of Impact acres) Located }rithin Distance to 100-year Fioodplains Nearest Stream cs/no linear reet Typc of ZrJctland¢ u r i u'-cl clc,:rin grading. fill, mec t? !~ l,ltt each impact separately and idcn:ify tempora.-y impacts. impacts tndude, bur arc not ltm;tcd o, ,.r oxcavAun, ncoding, ditchir.FJdrainagc, cw. For darns, separately list imposts due to butts strucntrc cnd rlocdin,. qa ioo-Year noodplains = identified through the Federal E1;urSenr.,y I?Sancgcment .4g ry's (? } Flood Insurnnc? Rate iilp5 (Y1;L'vi), or FE?7A•ap,-roticd '.nca :loodpl;tin maps. Nfaps ara availab)c through the FE-,%k Map Service Canter at 1400.353.4616, or online at 1;11r:!lonvw.r??taat u?:. "?• List a w;,O;md t)Tc that b.st describes NvctlHttd to be impacted (e.&, fr-.shwac.IsaltxWer marsh, forrst d Avctland, brmvet pond, C.-juHnn I1ay, bog ctc.) indicate if ctland is isolxcd (d ?rsinrtion of isointion to be made by USACE only). List the total acreage (estimated) of all existing wotlands on the property: Total area of wetland impact proposed. 3. hidividually list all intermittent and percnaial stream impacts below: Strr-= Impact Sit: Number indicata cn ma Type of impact1 Lcnoth of Impact li+tear feet smaro Nlamc" i AveraSe Width i o`5trc m Before Em pact Ft;rcnniai or ? intermlacnt? cc sPccifY) t i List each impact seprsately and identify Temporary impacts. Impacts ineiudw but arc nut limited to: culverts and ra;cckU4 rip•,ap, dams (scp: ratcly list impact,: dua to both stricture and flooding), relocation (include linear feet before and after, and net IOSSIGWn). smbili=tion actlvlUcs (cemcnl wall, rip-rzp, crib %yall, b Mans, etc.), excavation, dltehlnQ/straigbtcnin9, etc. irnn;am relocation is proposed, plwls and profil:s showing tha linear feotprint for bosh the original and relnea:cd streams must be inch:dcd. Strc;Ln names can be Ntind on USGS topogtephic :raps. If U Sitcom ha$ ro n;an;, list rs UT (unnnined tributray) to the nearest downs,r:am munad ,q=,n into which it flows. USGS mops are available tluough the USGS at 1-8ON353-9616, or online to w?v?ys . mt. Several internet sites also allow direct download and printing of USGS maps (e.g, . qc m? -vlv.marjuc.:t.ccm, ctc.). C=ulative impacts (linear distance in feet) to all streams on site: FHgc 8 car 12 4. Individually list all open water impacts (including lalccs, ponds: estuaries, Sounds, Atlatlt'sc Ocean and any other vmtcr of the U.S.) below: open Site Warr tNumbempact I Type of T,npact ?r..dicate an mu lriprea (ace; s 'I tT?_ or ?ViA;1VLJU; Name of Waterbody (sake, pond, estuary, sound, (if:.pplicable) bo ?, ocean, etc.) ? i ?' ' cd • fiU etea??tfoa, dyed^int: List cacao impact separately and identify tctnpurpry Impacts. lmpacts include, but are not .tmlt to. , o f ood'.ac, drainage, butkhea3.;, etc. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should •Iue included above in he wetland and stream impact sections. r%ho, the proposed pond should ba described }sere and illustrated on any maps included ivith this application. Pond to be created ui (check at.I that apply): ? uplands ? stream ? wetlands Dcscri:oe the method of constructioii (e.g., damlembanianent, excavation, ins-LWIation of drarw-do,xm tiah e or spillway, etc.): - Proposed use or purpose of pond (e.g., Hvest&k'watering, irrigation, aesthetic, trout pond, local storm water requirement, etc.): Sizc ofwatersbed draining to pond: Expected pond surface area: 191. Impact Justification (Avoidance, nrid Minimization) Specifically describe measures taken to avoid the proposed impacts. It ntay be useful to provide information rat ated to site constraints such as topography, building ordinances, accessibilit??, and financial viability of the project. The applicant may attach drawings of alternative, loaner-impact site layouts, and explain why these design options N ert: not feasible. Also discuss how impacts ivere. minimized once the desired site plane was developed. If applicable, discuss construction techniques to b;. followed during construction to reduce _impacts. VIM Mitigation DWQ - In accordance with 15A NCAC ZH .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 freshw-atcr wetlands or greater than or equal to 150 Iincy r feet of total impacts to pcrennial strzsms. Pago 9 of 12 SEP-26-2eZ5 09:39 FROMiDWO-14Ei DS 9197336893 TO:9191043913e4 P:11?13 US ACE - In accordance with the Final I110tice of Issuance and Ilrlodification of Nationwide Permits, published in tho Federal Register on March 4, 2000, mitigation Will be required when iieccssary to ensure that adverse of rccts to the aquatic environmcut are minimal. Factors including 5izc and type of proposed impact and function and relative valua of the imparted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriatc and practicable include, but are not limited to, reducing the si= of tltt: 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 crcafw- restoring, enhancing, or preserving siuailar :unctions and values, preierab!e hi the same watershed. If mitigation is required for this project, a copy of Lne znitigati_on plan must be attach d in order for uSACE or DWQ to consider the application complete for processing. Any application lacking, a required mirgation plan or NCVeRP eoacurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DW Q's Draft Technical Guide for Stream Work in North Carolina, available at l?ttn:r%h?o pnr.state.nc.us/ncwetlandsls=p,ide.ht:ml. 1. Provide a brief description of the proposed mitigation plan. Tile description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), afieeted stream and rimer basin, type and amount (am-ca edline r ftnct) of mitigation proposed (restoration, enhancement, creation, or preservation), a plate view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.); and a description of the current site conditions and proposed method of construction. Please attzxh a separate sheet if more space is needed, p 2. Mitigation may also be made by payment into the North Carolina 'Wetlands Restoration Program (NCNrRP). Pleasc note it is the applicant's responsibility to contact the NCWRI? at (919) 7733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCNVRP, check the 1vCWRP website at http:!/h2o.enr.state.nc.u??wxp/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 o£bui ermitigation requested. (square feet): i+ .Amount of Riparian wetland mitigation requested (acres): Amount of Nor.-riparian wetland mitigation requested (acres): Amount of. Coastal w.-tland mitigation requested (acres): Paac 10 of 12 SEP-26-2035 09:40 FROM:CWQ-WETLANDS 9197336993 TO:9191(34391394 P:12/13 lea. CJrivirournental Documentation, (required by DN-VQ) Doe • the project involve an expenditure of public (federal/state) funds or the use of public (fadcrallstate) land? Yes ? No 1 If yes, does the project require preparation of an environmerItal 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 SEM coordinator at (919) 733-5053 to review mu enttlu=holds for environmental documentation. YCs D No ? If yes, has the document review been finalized by the State Clearinghouse? If so, plcase attach a copy of theNEPA or SEPA final approval letter. Yes ? INa ? nroposed Impacts on Rlparina attd Watcr.-shed aff:rv (required by VIQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffirs associated with the project. The applicant must also provide justification for these impacts in Section V11 above. All proposed impacts must be listed herein, and rntlst be clearly identinable ou tLv accompanying site plan. All buffers must be shown on a map, %vhcth:r or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Once may be included as appropriate. Photograpbs may also b:. included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neusc), 13A NCAC 2B .0259 (Tax-Pamlico), 15A NCAC 2B .0230 (Rand-lernan Rules gtd LVater Supply buffer Requirerner.ts), or other (please identify.,,. )? Ycs ? No ? if you answer "yes". provide the following information: 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. 7_onc" (square Trr.pect feet AZultiplicr 'M'tir Rcquimd I 3 2 1.5 Total Zone t cxtcnds out 30 fc:t pcrpvtdiculcr from near bznlt of cht nn0; Zonc 2 extends an additional 20 feet from tho edge of Zono 1. Page 11 of 12 'CEP-26-E@05 09:41 FROM:0WQ-1kE7LFNDS 9197336893 T0:919104391364 P:13'13 If buffer mitigation is required, pl=e discuss what type of nlitigati;on is proposed (i.e., Donation of property, Conservation Easement, Riparian Buffer Resto?atiota / Enhanc omnte infior aorz Payment into the Riparian Buffer Restoration Fund). Please attach all apps P idcntitled within ISA NCAC 2B .0242 or..02 0. - Via, 3toi mwarcr (requited bY I2DVVQ) Describe bnpervious acreage (both existing and proposed) versus total acreage on the site. Discuss storm,,N?ater controls proposed in order. to protect surfNec watcra and vrctlestds dwNmstream ft m the property. IiT,,. Sc-wnge Dispasnl (required by DV;IQ) Clearly detail the ultimate treatluent methods Find disposition (non-discharge or discharge) of wastewater generated Croon the proposed projectfo? avo6ble capacity of the subject facility. XTU. Violations (required by 3DWQ) Ts this site in violation of DWQ Wetland Rules (15A 1?TCAC 2H .0500) or any Buffer Rules? Yes ? No is this an after-the-fact permit application? Yes ? No X .KIV. Other Circurnst;- ncea (Optional): It is the applicant's responsibility to submit the application sufficiently in zdvance of desired construction dates to allow processing time for these permits. Blow-wer, an applicant igay 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 applica&s control). 104 DOGWOOD LANE _ MT. GILEAD NC 27306 PHONE 910-439-1384 ? r ®? ApplicanttAgent's 5ignmture jDate (Agent's signature is valid only if an authoriaciioa letter front the cpplicmt is provided.) Pagc 12 of 12 1 of 1 Brown's Construction 1-24-06 104 Dogwood Lane Mt Gilead N.C. 27306 910-439-1384 To whom it may concern I Jerry Hyland give Butch B. Brown of Brown's Construction my permission to act as my agent in securing the permits and permissions required, and the construction of the sea wall and the boathouse. The sea wall and boathouse is to be constructed at my dwelling at 426 Deerfield Road Mt Gilead N.C. ? Date Verry ay d Hyl nd Brown's Construction 104 Dogwood Lane Mt. Gilead N.C. 27306 910-439-1384 Pre-Construction Request. Owner Name Jerry Hyland 2240 Dandridge Drive York, P.A. 17403-4518 H- 717-741-1161 C- 717-309-2615 Location of construction Tilllery Park Development 426 Deerfield Road Mt Gilead N.C. 27306 2-06-06 Propose construction. The construction that is proposed at this location is to sea wall approximately 70 ft long and 4 ft high. The sea wall is to be constructed of treated lumber and is to be backfilled with 2-inch stone and riff raff on the lakeside of the sea wall. The boathouse is to be constructed of treated lumber, as per plan 1 and plan 3 Attached. All construction is to meet N.C. building codes, Progress Energy and U.S. Army Corps of Engineers specifications. Butch Brown Brown's Construction 104 Dogwood Lane Mt Gilead N.C. 273206 910-439-1384 'BUTCH BROWN CONSTRUCTION 104 DOGWOOD LANE MT. GILEAD NC 27306 PHONE 910-439-1364 3?169d 2 20 2 <? 4 8 icI3G1 nc ?t 'd'SCL 'a•a'd?.,`d tstzc:c r{ ? ` ?? ?+• ^ ?"`- r 'ISBN G911 .?f 4 ~?? ~ •6lLU?'? W 9 tl'?r g 4 !plr? . U .?'G3 cC[L r / / l / all ??= l ?OT- ac9 y ? ? u LnfJ R 'y Y flog, S a W#// 9 " r W a !!?? ?EtNt1?m 00 f Het?j r 1 j jcd WAIF Michael F. Easley, Governor Q 9 Q? William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ wa: Alan W. Klimek, P.E., Du --q ty Division of Water Qualiali 0 .? Coleen H. Sullins, Deputy Director Division of Water Quality February 10, 2006 Montgomery County DWQ # 06-0216 CERTIFIED MAIL Jerry Hyland 2240 Danridge Drive York, PA 174034518 Subject: Hyland Property at Lake Tillery Application and Fee Payment Dear Mr. Hyland: On February 10, 2006 the Wetlands/401 Unit of the Division of Water Quality received your paperwork pertaining to the property at Lake Tillery. Your project has been place on hold for the following reasons: 1. Please submit four (4) more complete application copies 2. Include the appropriate fee 3. Indicate the type of approval requested as well as the Nationwide, Regional or General Permit number sought Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to begin review and process your request, you must send the application sets and a check in the appropriate amount made payable to the N.C. Division of Water Quality. If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919) 733-1786. p incerely, < /Cyndi Karoly Wetlands/401 Unit CBK/ jd cc: Butch Brown Construction, 104 Dogwood Lane, Mt Gilead NC 27306 File copy Central Files 060216 JHyland (Montgomery)_GP30_copies_fee _ 7 N. C. Division of Water Quality, 401 Wetlands Certification Unit, PdCUEt;it 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/newetlands) Customer Service N: 1-877-623-6748 1 of 1 Brown's Construction 104 Dogwood Lane Mt Gilead N.C. 27306 910-439-1384 2-17-06 MAR 9 2006 Division of Water Quality 1650 Crabtree Blvd. i DENR VdATER ???AUTY ERB r'?'ETtAt1DSF?rDSTa,.dr;?T;l{`??CN Raleigh N.C. 27604-2260 Subject; Hyland Property at Lake Tillery. 0 LP (-0 Dear Ms. Karoly Enclosed you will find the additional copies of the applications that you requested. I will try in the to do better on my applications. In addition, I am enclosing the $200.00 fee for this application. I am very sorry that the application was not correct the first time, and I will do better. If you have any question or if I can be of any further assistance please call me. Thank You. Butch Brown. i UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 cot, 17 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. v Print your name and address on the reverse so that we can return the card to you. 13 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jerry Hyland 2240 Danridge Drive York,PA 17403-4518 DWQ9 06-0216-Montgomery A. Si nature X ', V ?a' U ` 13 Agent ? Addressee Re eivedby(Pnnf " N e C. Date ?. t( )(?(c2 (a a?) G D. Is delivery address diffe nt from item 17 0 If YES, enter delivery address below: ? No 3. Se o Typo Certified Mail ? Express Mail ? Registered ?ff Return Receipt for Merchandise ? Insured Mail ? C.O.D. 14. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1160 0000 9954 9208 (rransfer from servlco laboo PS Form 3811, February 2004 Domestic Return Receipt