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HomeMy WebLinkAbout20061188 Ver 1_COMPLETE FILE_20060724 O W A T ?9QG ?0? r _ - il&:_. -1 p 1;?? `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 10, 2006 Michael Mandl 2015 N. Decatur Road N.E. Atlanta, GA 30307 Subject Property: Michael Mandl Property Hyco Lake [030205, 22-58-(0.5), WSV, B] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Mandl: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1188 Person County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00511 acres of open water (Hyco Lake) below the normal pool lake level, and 0.01515 acres of open water (Hyco Lake) above the normal pool lake level, for the purpose of constructing the proposed bulkhead at the subject property, as described within your application dated July 21, 2006, and received by the N.C. Division of Water Quality (DWQ) on July 24, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3492 (GC3492). The Certification(s) allows you to use General Permit Number 198200030 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: Amount Approved Units Plan Location or Reference Shoreline-bulkhead below the normal pool lake level 0.00511 acres Application Shoreline-bulkhead above the normal pool lake level 0.01515 acres Application 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, Noah Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands Noy` ?tura!!?Carolina w Mr. Michael Mandl Page 2 of 3 August 10, 2006 2. 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. 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. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 213 .0233 and GC 3404; 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 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, r Mr. Michael Mandl Page 3 of 3 August 10, 2006 Raleigh, N.C. 27699-6714. 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 Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200. Since , Ian W. Klimek, P.E. AWKlijni Enclosures: GC 3492 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 06I188MichaelMandl(Person)401 GP30 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 S200.00 for impacts of to lake bottom of less than 1 acre and 5375.00 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 ?- i i 0 0 0 1 1 8 I. Applicant Information 1. Owner/Applicant In ormation Name: A r Mailing Address: a0 Pfi ti. Telephone Number: E-mail Address: ?. 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: Scr S51 Company Affiliation: -is:12 ,4 Mailing Address: C)Ox lC) N t_ g-73 7?7 1 elepttone Number: E-mail Address: 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 ?Q919 o D JUL 2 Y 2006 DENK - vVATER QUALITY 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. 1. Location County: Nearest Town: 'S D VC Subdivision name or site address (include phase/lot number): -,, V I %!"ld, n- Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of thi application: - 1e 4)nfii1!!4h/IS CA' 'I eL,- 1,r- ke,I r:- :is MG iC•rAi 04-AL., 4- . 3. Property size (acres)::. 4. Nearest body of water (stream/river/sound/ocean/lake): Lake 5. Describe the purpose of the proposed work:__ I ?'?`.?'?11 5,?.?-, (-}?,. ?,.,c t,?;,,? ` V L1i,t ue.\4 4-1, rn a r0 ,'\ D"? :A' C r r I t A#> 0 wK ? 6. List the type of equipment to be used to construct the project: R, "4Y } , Mwl. C4,cr?,xA-) 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls. etc.) below the normal pool lake level in square feet or acres:??. 7? lr 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres: fib; 0 .J;:?•? b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): ru,m ^o e, nool- 6e.-%Se_ `> ?LJ CS1:>_LL _'_ ? 1-S' TI t? Z 4 C'!?? ?_'n Cl rli- 01 , - ('r.11 /17.1/1 -Z /-66 Applicant/Algent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Lake (Full Pond) Full Pond Shoreline 0.5 Y W v,/. _ lGS ; ?XCCr L?• ?J??? C?t? l?.u - L k L IACJti k?ClC?tJc:?Gn If 1? ??}.l fJ`N' &'n 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) Z) Location of rip rap or fill to be placed above the Full Pond elevation 3) Location of rip rap or fill to be placed below the Full Pond 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 Full Pond elevation. 6) Location of construction access corridors. 1 c ` ?L ????Yl b? ?"' } 1 ?^ l C V r 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 G11'30. 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 5200.00 for impacts of to lake bottom of less than 1 acre and 5475.00 for impacts to lake bottom of greater or equal to 1 acre. f? Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1. Owner/Applic In ormation -n Name: ftI Chc:,zi mc, ,a Mailing Address: oi!s /u - Rti A,f. Telephone 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: <5?"' Company Affiliation: ,- Mailing Address: ?> 1 Telephone Number: 33(, - IN ` Fax Number: ??! • "?'. 115 E-mail Address: K???•-.? ?? `x ?:5. , ?,;?,?r„??r S. I 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 D JUL 2 4 2006 s 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. 1. Location Cownty: ?=? ? •? Nearest Town: 'S ?Ivt G r * VC Subdivision name or site address (include phase/lot number): lclrk W1-11, Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of this application: 1C'. +? tY;L,<?(''?.% 15 5;'A /1 '1?4(-, L)-Il/G httt de i G.i. \ , ? k7 Sy ?C l_? 4. Nearest body of water (stream/river/sound/ocean/lake):?y?n LC/?V? 5. Describe the purpose of the proposed work: 1 r\fAf% ?=fS?f i I1 Z S ?D?f ? If?f'?['? 1?? TWA ' ?t'il? 6. List the type of equipment to be used to construct the project: C? ll 1 /?C-., C L 3. Property size (acres):_ ?..?? •iG?.` 5??? ?•?,•?-? ? --??, .,,,? t,?,- ? 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: aA h. 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres: U.-O flct :1+ b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): R'_MCQ _ n6ll- 8e.1se t ;,r,?r\y f?L??? ? r b r?_a t^ i.,) t-t -Fr --q- 4 ' ? cle, t 1, i - 1 /, b",- Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) VP\\ $ 1 i ?^l .tiny k.?` 1 Q. nL k z'CV v LO 4 ?J II ?i c 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 Full Pond elevation 3) Location of rip rap or fill to be placed below the Full Pond elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 3) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. Lake (Full Pond) Full Pond Shoreline JAJJCPS IiVIVJ I nu%V I IVIY L.V, IIV \.r. DIVISION OF WATER QUALITY Date Type Reference 7/21/2006 Bill 7/21/2006 Original Amt. Balance Due Discount 200.00 200.00 Check Amount 15005 Payment 200.00 200.00 Wachovia Checking mANDL 06-201 200.00