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HomeMy WebLinkAbout20061340 Ver 1_COMPLETE FILE_20060822l O?oF WATF9QG GC?f?OMC? I September 27, 2006 S E P 2 9 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Mr. Samuel Callahan 192 Tillery Park Drive Mt. Gilead, NC 27306 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality DWQ Project #06-1340 Montgomery County Subject: Approval of 401 Water Quality Certification with Additional Conditions Callahan Property, Tillery Park Drive Lake Tillery (030708,13-(1), WS IV, B, CA) Dear Mr. Callahan: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00137 acres of open water (Lake Tillery) below the normal pool lake level for the purpose of constructing a seawall as described in your application dated August 20, 2006, and received by the Division of Water Quality on August 25, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification No. 3492 (GC3492). This Certification 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 proceed with your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval to proceed with your proposed project or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 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. Additional Conditions 1. The following impacts are hereby approved, as indicated in your application, as long as all of the other specific and general conditions of this certification are met. No other impacts are approved, including incidental impacts. Bulkhead installation and backfill - 0.00137 acres, in accordance with application. NorthCarolina Naturally North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-4300 Customer Service Internet h2o.enr.state.nc.us FAX (910) 486-0707 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper IV Mr. Samuel Callahan September 27, 2006 Page 2 2. No Waste, Spoil, Solids, or Fill or any kind No wastes, 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 water 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 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 the boundaries approved by 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 2B. 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. Mr. Samuel Callahan September 27, 2006 Page 3 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, NC 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 contact Ken Averitte of the Fayetteville Regional Office at (910) 433-3303. Sincerely, Alan W. Klimek, P.E. AWK/ka Enclosures: CG 3492 Certificate of Completion cc: USACE Wilmington Regulatory Field Office DLR, FRO Central Files Cyndi Karoly, 401/Wetlands Unit Ian McMillan, 401/Wetlands Unit DWQ, FRO Samual.Callahan.mont.401.doc O?0F vJAtFRQG Sy 2 g 2006 iNET1A d?S ?D ST wATER QUALITY Mr. Samuel Callahan 192 Tillery Park Drive Mt. Gilead, NC 27306 September 27, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality DWQ Project #06-1340 Montgomery County Subject: Approval of 401 Water Quality Certification with Additional Conditions Callahan Property, Tillery Park Drive Lake Tillery (030708,13-(l), WS IV, B, CA) Dear Mr. Callahan: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00137 acres of open water (Lake Tillery) below the normal pool lake level for the purpose of constructing a seawall as described in your application dated August 20, 2006, and received by the Division of Water Quality on August 25, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification No. 3492 (GC3492). This Certification 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 proceed with your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval to proceed with your proposed project or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 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 211.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Additional Conditions 1. The following impacts are hereby approved, as indicated in your application, as long as all of the other specific and general conditions of this certification are met. No other impacts are approved, including incidental impacts. Bulkhead installation and backfill - 0.00137 acres, in accordance with application. NthCarolina e Noatirra!!y North Carolina Division of Water Quality 225 Green Street- Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-4300 Customer Service Internet h2o.enr.state.nc.us FAX (910) 486-0707 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper Mr. Samuel Callahan September 27, 2006 Page 2 2. No Waste, Spoil, Solids, or Fill or any kind No wastes, 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 water 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 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 the boundaries approved by 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 2B. 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. Mr. Samuel Callahan September 27, 2006 Page 3 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, NC 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 contact Ken Averitte of the Fayetteville Regional Office at (910) 433-3303. Sincerely, /"V- j Alan W. Klimek, P.E. AWK/ka Enclosures: CG 3492 Certificate of Completion cc: USACE Wilmington Regulatory Field Office DLR, FRO Central Files Cyndi Karoly, 401/Wetlands Unit Ian McMillan, 401/Wetlands Unit DWQ, FRO Samual.Callahan.mont.401.doc Triage Check List ?® o . C?• Date. . Prod ect Name. q, DWQ#: County: To: ? ARO Kevin Barnett FRO Ken Averitte ? . MRO Alan Johnson/Barry Love ? RRO Eric Kulz From: ? WaRO Kyle Barnes ? WiRO Noelle Lutheran/Joanne Steenhuis ? WSRO Daryl Lamb TelePhone : (919). (? kq? The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps. ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: 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 AGYA. 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 $200.00 for impacts of to lake bottom of less than 1 acre and $475.00 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. Applicant Information 1. owner/Applicant information Nama• S A rn LCL _ F(7111NOW, q R AUG 2 5 2006 WETLA'OAND STOFWWATE BMNCH Mailing Address: (-\ - L ' ' " MT 14C, A'?7 oU Telephone Number. q oo - t+M_ E-mail Address: h c n i lh c?tii Fax Number. '010 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: Company Affiliation: Mailing Address: Telephone Number. Fax Number. E-mail Address: n. 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 4W 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: m Nearest Town: M ts; t e-ad Subdivision name site ad s (include phase/lot number): -- Directions to site please include road numbers, landmarks, eta (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 3. Property size 9S c-c- - 4. Nearest body of water (stream/river/sound/ocean/lake 5. Describe the purpose of the proposed work:, S e-f-* W Ql_L °t- b enQJ7 k c iC P +- A o ck. 6. List the type of equipment to be used to construct tie project: rr car. ? u c11 l a b c - 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 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: 6 o c t h o LiK c- tat ,- a q = a 8 b' D o cl? UA a 3 0? = 1 a 4; SA IPnc (`i-&?nl? = AB "T67cAt_ 44516 b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): W o u. i a e., a r? t e k S •. TIZO dAgenPi S e / Date / signature is valid only if an authorization letter from the applicant is provided) -a- r 0 Lake (Full Pond) Sharetina Please approximately sketch the following information on this plan (please provide Onensions for each item, such as 10 ft. x 100 ft): 4 1) All proposed vegetation clearing (provide dimensions) ,' Location of rip rap or fill to be placed above the Full Pond elevation ,Location of rip rap or fill to be placed below the Full Pond elevation d) The location of any proposed structures such as buildings, retaining walls? docks, etc. S) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. 4f f1p- 6o fz, P Rpp Full Pond f RIVER O HAVEN 3 RD. 1778 / 'a- ('? 6 W ?. ? f! z ? - j Ir Ul) ???` 24 27 m/ /J{3 v? A 2r- 1c.-? ,i tA -' u ::A y i DALL RpFf), rn AND o NO RD z , ? A A/y 2 /HIGH SHORES RO• ? ? p i O G4 - _ ill HAI i;? s? ANCH DR ,'10ii.-S ?n tl Sp IN, j' ' y Zl tooRA T? a/ot? Ja oG O j 1 R. 6 LAK AND WvSI Ci wa >Ii0 tF l R? ' f -n sB4Y ? M?%. n? ?NF LN. 9? 9 °? oo ry Rvey q?s 'ov S1. 2 s RAND!OR ` I Ny BORE v ? ? 'SCAN It R ? DES j? Wood,,, o `' 4 \ n ?9Fm c-17768 i..._ 73 Ss'sl ?rt a F t j ai i j I{ y i i? t s rn, -t / f,f s ? a t 1 ? y 73 l ??Q 4 s VICINTY MAP not to scale 1 BOUNDARY PREDICATED ON EXISTING MONUMENTATION FOUND IN THE FIELD. 2 AREA COMPUTED BY COORDINATE COMPUTATION. 3 THIS PROPERTY IS IN A COUNTY WHICH REGULATES THE SUBDIVIDING OF LAND. 4 THIS IS A SURVEY OF AN EXISTING PARCEL OF LAMA LOT#S / / IAT # 2 CABINAr $ SLIDE 878 CAR[A FiT A. SLIDE 978 / N 1 REBAR / • PI 31 • pl N M?7.1? 149'6?E. ?-- r 1/2 !am 3/4?PIPE S a$RALn DJBBLK DB 279/X 120 0.85 ACRES aA SUBJECT TO R/W OF DEERFIELD t3 ROAD & D8 3B /p ACCESS EASEMENT 485 DB 2391M 851 JA ES BISSOPP L-4 F4CNT G? ?045?, V 1/Y REBAR AVq`\ I_7? ?• m lb, ?Q L 1• PIPE 3W ACCESS EASEMENT 5/8• PIPE ROAD (PRIVATE) L ow RELD _ R/W UNKNOWIt vl 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 $200.00 for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit r= ? `m i 1650 Mail Service Center 1J !i Raleigh, NC 27699-1650 D AU G 2 2 2006 I. Applicant Information I Owner/Apnlicant Information Telephone Number. 9 t o - 1+34 - t8 o-S Fax Number: - E-mail Address: 1'i r c t 1 I [tV, citj ?A? e" e- o r" g2a S- 0 A- r nm N H 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: Company Affiliation: Mailing Address: Telephone Number. Fax Number: E-mail Address: H. 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 I 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: rn n wt q o m e r-!4 Nearest Town: M • & ? 1. ea d Subdivision name site addrehs (nclude phasellot number): - Directions to site please include road numbers, landmarks, etc. (This is not necgssary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of this application: n u e f a m-*, 1r e s•, A ?., ca- 3. Property size (acres): • r8 S Q? v? e_5 4. Nearest body of water (stream/river/sound/ocem/lake): L ak e_ 711l e-ru 5. Describe the purpose of the proposed work: Se-12 W Q-tzL -1- b rna-t- h o us e dock 6. List the type of equipment to be used to construct t project: rr QtJuoJ 1 Q b nr P_ lau_', omen' ?Jo-t n?P? Pcz< Lr.a 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 1. T e n -P,. o -t- ( 1,, 4-4E- 1 e jn. 4-k - -I 4-?- Jhp L ac,') 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: 6 o a t k o us c ,? is a ?? = of 853: D o c!? l4 3 0? = a O ; 5??? `1-?? 1= QUO ToTAt_ Lt-4i a b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): N o +.? A e t e 0 4 t e k: s E- . (P/;-70 Agent's S - , Date / signature is valid only if an authorization letter from the applicant is provided.) Pull Pond Shoreline Lake (Full Pond) IBOA-r RAE- OO CK s I-A CC Off 255 e-XI is 60 "q t9- Rip PPP Please approximately sketch the fo0owft information on this plan (please provide dinensions for each item, such as 10 ft. x 900 ft): 1) AN proposed vegetation cleaning (provide dimensions) 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 FUN Pond elevation d) 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. 0) Location of construction access corridors. ®3 A tj'g 2 2 ?D0AS'DS '4T??1n ER6f?yCrf RIVER HAVEN ?a ° m s:. a N z "O 73 RD- 1778 0.° `N?:ifiitil)i 0 ,I - t t Qcr t? X ?(I G° DALL ROD n l I J o NO NO - r Sc ZN ?yv .G p a . AAA 9 Amy HIC,HSHORES gyp. ` , 90 op G 1A fp"'?I Ci H DR h Wt ` ?? a Z y?0 afp ..: SAq? oNT ti??? A0> 9, ??oNTa optF11RGT? LAK O G I ?? i C ND OOG?t0 E? Q ? po r T SB9r ' ? A OR, ?'? C NF w i.N. 9? p °lp f AoNRViety { ass RANDR Q NN 60Re n t R ?SLAH a?` . Arc ; `` ? 1 -- 0 mgt' f U O W 40 \ a M s pR gyp, ^y 0 1768 r 241 I JI O i i l 1 f7f7f7f /! r w i 73 o!'I I / -f- aI 'p- b { ?I o f ? o fr,-t } : t eon ` 1 ' 73 ? F .W7 ,.AUG 2 2 2006 ?- Jt'?T?{CIw?LiTY? d I s?ETlAP N X VICINTY MAP not to scale I BOUNDARY PREDICATED ON EXISTING M13NUMENTATION FOUND IN THE FIELD, 2 AREA COMPUTED BY COORDINATE COMPUTATION. 3 THIS PROPERTY IS IN A COUNTY WHICH REGULATES THE SUBDIVIDING OF LAND. 4 THIS IS A SURVEY 13F AN EXISTING PARCEL OF LAND. 30' ACCESS EASEMENT 11*1 / LOT # s / LOT # 2 CA WNW $ SLIDE 978 CABIATBT B. SLIDE 378 / Ile REBAR /---3 P1 149-SW ??E) 5/8' PIPE 8 3/4' PIPE N 17'E .? N "S3'Og'W 127 08?(n M L 3 L-i ,? . LASE TILIJRY I /2• ?"? 3/4<E s E1;01-fO GERALD IBBLS DB 27'8 120 0.85 ACRES S? SUBJECT M R/W OF DEEIMELD t3 ROAD & ACCESS EASEMENT ? Ia D8 366/PG 485 F ? DB 289 851 JAJWS DI BOPP Lr-4 ?i a 1/e R BAR 1\A • 1 PIPE CD 1 ?? 4 ` ?', 1? •?, D FlQD ROAD (PRIVATE) o?,y k- R/W UNKN0111M NP AUG 2 2, T 2 6 o DENR - WATER QUALITY WEIMOSAND sreRAAVATM BRM,'CH r? m v- L C'?? ?t 0.h0.? Q? vv^t,rR O 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 22, 2006 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1340 Montgomery County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. & Mrs. Samuel Callahan - 192 Tillery Park Drive ' - ?'_L Mt Gilead, North Carolina 27306 Subject Property: Callahan Property: Lake Tillery Sea wall and Boathouse Sets and Fee ® REQUEST FOR MORE INFORMATION RETURN OF APPLICATION PACKAGE Dear Mr. & Mrs. Callahan On August 22, 2006, the Division of Water Quality (DWQ) received your application dated August 20, 2006 for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 21-1.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: ? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, Regional or General) number you intend to use. Please contact the U.S. Army Corps of Engineers in the Regional Office to determine which permit you will need to apply for to perform your proposed activity, and then resubmit your PCN application Water Quality Certification listing this permit number under I Processing, Item 2., and checking the boxes for "Section 404 Permit" and "401 Water Quality Certification" under I Processing, Item 2 (page 5 of 12). ? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project. ? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). ? Water Body information not stated. See III Project Information, Item 7. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetlands tWt Carolina ura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ® Lack of permitting fee. 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. The correct fee to submit for your project is $200. ? Incorrect permitting fee. Please see above item. Your check # for $ is herein enclosed. ? A request for a modification of an issued permit requires re-submission of five (5) application sets and appropriate fee. We have herein returned your modification request. ? Application was missing pages or sections of information. See Other section below. ® OTHER: DWQ requires.five (5) permitting application sets to initiate the review and.approval process. Please submit four (4) more permitting application sets and reference the DWQ number located on the front of this letter. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss #s matter. CBK/1jd cc: File Copy Central Files ,f --? ! V(.vV K/W/'V Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit Filename: 061340Callahan(Montgomery) Hold GP30Sets_Fee