HomeMy WebLinkAbout20061188 Ver 1_COMPLETE FILE_20060724
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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
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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,
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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
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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
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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.,
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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
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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
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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.
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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
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JUL 2 4 2006
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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.)
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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