HomeMy WebLinkAbout20061567 Ver 1_COMPLETE FILE_20060927SENDING CONFIRMATION
DATE OCT-16-2006 MON 09:01
NAME DWQ-WETLANDS
TEL 9197336893
PHONE : 917044391155
PAGES : 4/4
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FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact information; Phone #: 919-733-1786
Fax #: 919-733-6893
To: Michelle Carpenter Fax M 704439-1155
Company: Date: 10/16/06
From: Laurie Dennison, DWQ, 401 Unit/Wetlands
Number of pages including cover sheet: A"
Notes or special instructions: 401 Approval Lotter DWQ 06-1567 & DWQ info
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o?pF W ATFgQG Michael F. Easley, Governor
A William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
LUIU-U.A.
O < Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
To: Michelle Carpenter
Company:
Fax #: 704-439-1155
Date: 10/16/06
From: Laurie Dennison, DWQ, 401 Unit/Wetlands
Number of pages including cover sheet:
AJ
Notes or special instructions: 401 Approval Letter DWQ 06-1567 & DWQ info
None Carolina
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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/ncwetiands
An Equal Opportunity/Affirmative Acton Employer- 50% Recycled/10% Post Consumer Paper
DENR website address: httn://www.enr.state.nc.us/
Click on: Rules, Policies & Regulations
Scroll down to heading: Wetlands
Click on: Wetland 401 Certification Regulations
Scroll down to heading: Guides
Click on: Lake Area Residence Work Guide
A Lake Dweller's Guide to the 401 Water Quality Certification Process
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Cj g 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
October 4, 2006
DWQ Project # 06-1567
Catawba County
Mr. Timothy Johnson u? {v?;jE_ ?ajkj'R
S,O.
V? WnCS P dO
3550 Stancliff Rd.
Clemmons, NC 27012
Subject Property: 4478 Kiser Island Rd., Lake Norman
Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application dated September 27, 2006: . .
Amount Approved Units Plan Location or Reference
Shoreline 129 feet
404/CAMA Wetlands acres
Waters 0.008 acres
Buffers - Zone 1 258 (square ft.
Buffers- Zone 2 (square ft.
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3492 covers the impacts. This Certification
allows you to use Regional General Permit No. 198200030 when issued to you by the US Army
Corps of Engineers (USACE). This letter shall also serve as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213.0243. 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) those required by Erosion
and Sediment Control, Non-Discharge, Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit
expires unless otherwise specified in the General Certification. This approval is for the purpose
and design that you described in your application. If you change your project, you must notify
this office and you may be required to submit 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.
This, approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
One
Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699
Customer Service Internet: ncwaterquality.org FAX (704) 663-6040
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 1
1. No additional impacts shall occur in the buffer, including the removal of trees, except along
the immediate shoreline.
2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion
of the project.
3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B .0243(5).
4. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to return the attached
certificate of completion form 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. 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. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC
2B .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan
Johnson at 704-663-1699.
Sincerely,
for Alan W. Klimek, P. E.
Enclosures: Certificate of Completion
GC 3492
cc: Ian McMillan, Wetlands Unit
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Marine Permitting, 254 Rolling Hills Rd., MRO, 28117
Central Files
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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
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:
ELANDS AND S70PoU?Q JLITY
I. Applicant Information 4 BRANCH
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
SEP 2 7 2006
o o 1 5 (y 7 UENR - WATER
1. Owner/Applicant Information
Name: f k ( ekG. ) 5
Mailing Address: o ek c
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Telephone Number:
E-mail Address:
2. Agent Information (A sighed and dated copy of the Agent Authorization letter
must be attached if the Agent has signato authority for the owner/applicant.)
Name: ens a?-V Q cQ. r
Company Affiliation:, XV a r-. N e '0-2 r cV\' 1 ' n- e; ?' c eS
Mailing Address:
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E-mail Address: a r r e r n.; f? : n Se rv •'-? ?`,O
I1. 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 its relation to
surrounding properties. You may use the diagram below to make a hand sketch of
Fax Number:
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.
Location
County (IaA c _t) Nearest Town:l < o u n , Le o-I,
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
2. Describe the existing land use or condition of the site at the time of this
application: oat- ?Aed - CteA raOk
Xnn..«P C'a.7ero%:OJ?
3. Property size (acres): Og -13
4. Nearest body of water (stream/river/sound/ocean/lake): " Nor MI[! 14
5. Descri the purpose of the proposed work: ?b ??('Q J Q r-?- e rya S; o n
6. List the type of equipment to be used to construct the project: ?1C[ y a'V0
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
_?
etc.) below th normal pool lake level in square feet or acres:
"2 ? -A- loo \""j f- P_ 'c c
1 50 • 37 = L1'72. + I
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above tI)c {normal pool lake level and 50 feet land-ward in
square feet or acres: T "a) e S R('
i5,7 41 -2,Iy.-7
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): S? re :,n
Applic, t/ Vent's Signature L----? Date
(Agent's si ature is valid only if an autho ' ' n letter from the applicant is provided.)
Triage Check List
Date: 9/29/06 Project Name: Timothy Johnson, Lot 2
DWQ #:06-1567
County: Catawba
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 9/27/06 -11/25/06
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to you 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: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!