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HomeMy WebLinkAbout20061687 Ver 1_COMPLETE FILE_20061023i O \,N A7'4 Q0 71- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 2, 2006 Mr. William A. Sergeant 204 Whittington Drive Danville, VA 24541 Subject Property: William A. Sergeant, Lot 16 Hyco Lake [030205, 22-58-(0.5), WSV, B] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Sergeant: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1687 Person County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00114 acres of open water (Hyco Lake) below the normal pool lake level, and 0.1434 acres of open water (Hyco Lake) above the normal pool lake level and 50 feet landward, for the purpose of constructing the proposed bulkhead at the subject property, as described within your application dated October 12, 2006, and received by the N.C. Division of Water Quality (DWQ) on October 23, 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 General Permit Number 80 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 0.00114 acres Application Shoreline-bulkhead above the normal pool lake level 0.1434 acres Application 401 Wetlands Certification 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: htta://h2o.enr.state.nc.us/ncwetlands No°` Caro ina MUN11y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper .r Mr. William A. Sergeant Page 2 of 3 November 2, 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, iwr. w unam H. 3ergeam i Page 3 of 3 November 2, 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. Sincerely, Alan W. Klimek, P.E. AWK/ijm 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: 061687WilliamASergeantLot 16l(Person)401_GP80 William Alex Sergeant Hyco Hills Farm, LLC 204 Whittington Dr. Danville, Va 24541 Periann Russell Division of Water Quality Department of Environmental and Natural Resources 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 10/17/2006 Ms. Periann Russell 2 0 0 6 1 6 8 7 ?r Enclosed you will find my application for placing riprap along the shore line of lot 16 South Landing Hyco Lake, NC. Thank you, Alex Sergeant Qr 19-19 (117J 17, 0 e1 -4? OCT 2 3 2006 DENR - WATER QUALITY WETLANDS AND STORM ATER BRANCH G-? B0 20031 68 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 sbore or bottom under the U.S. Army Corps of Engineers Permit &4o -611110. s Application cannot be used for wetland or stream impacts. Please provide 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 $475.00 for impacts to rake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit 3 Z1 C rw66re.e. 'iL kvc, h, N G WV,J ??:?? asn x7 $u o? 4 r. Applicant Information 1. Ow Telephone Number: E-mail Address:_, A'' Fax Nu A. A.) 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: E-mail Address:_ Fax Number: ;?/' 1011712c" 11. 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 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. PCB r-90 Ai Nearest Town: Re C b o r© Subdivision name or site address (include phase/lot number): Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included):! J`cc4 ARr 2. Describe the existing land use or condition of the site at the time of is application: c A V • ,ti P_ 44 3. Property size (acres): Z f / ? '''1 CC f c S q ff •? I3 ?' I -IcV/CI 4. Nearest body of water (stream/river/sound/ocean/lake): fVC L 5. Describe,the purpose of the proposed wok- LJ re: J c /sue c /,..5 i- /? kc /; -ze severe- I 6. List the type of equipment to be used to construct the project: ?? L rl hoc `r'9L li e 4J 7. Amount of impact (including all excavation, backfill, rip rap, retaining wails, etc.) below the normal pool lake level in square feet or acres:-6 0? sa + ? K 126- 8. a. Amount of impact (including all ,clearjpg,, back fill, excavation, rip rap, retaining walls, etc.) above the normal l lake level and 50 feet land-ward in square feet or acres: 615,0 _y C:f -' b. Please describe vegetation above the normal pool lake level and 50 feet land- ` ?IASi j ward to be impacte (num trees for instance): A? - it/ ?51A A l? ba 5 It i1i /0/ 121aO06 Applicant/ Date gm"we (Agent's signature is valid only i authorization letter from the applicant is provided.) Project Location Information: Lake Name: Hyco Lake Subdivision Name: South Landing Lot Number: 16 Person County GIS Number: 19431 Location: Off SR 1300 Concord Church Road turn onto South Landing Dr. PVT Proposal for stabilizing shoreline placing rip-rap over landscaping fabric along the bank of lot 16 South Landing because of the following: 1. The bank of lot 16 South Landing is severely undercut. A. This is a dangerous situation for anyone walking on the bank B. Trees and bushes are falling into the lake form this undercutting of the bank C. The bank is constantly being eroded away 2. The bank of lot 16 is undercut by the natural hydraulic action of the water as it flows down the South Hyco branch of Hyco lake and takes a sharp turn at the lot 3. In my opinion the rate of undercut is progressing faster now because of recent popular practices A. Using boats to produce maximum waves for jet skiers to jump B. Using slow moving boats to produce a large standing wave that is surfed behind the boat C. The wave action of increasing boat traffic as boats turn to go up or down the lake in front of lot 16 D. The nominal size of pleasure and bass boats has increasing on Hyco Lake 4. Beavers have cut some of the trees and vegetation (Note: attached picture) Please note the attached pictures of lot 16: 1. Picture showing undercutting of the bank back 24" 2. Picture show long section of undercut 3. Picture from lot 16 showing South Hyco before the turn in front of lot 16 4. Drawings showing proposed rip-rap placement O?/ a "pwP HYCO 1 ..? 4`'0 13"cH RESERV / P° :e WOOOSOALE y. Ilk, • " G ?. 191i SItORE PO ? D? ???. -- v0" LEVEL 0? .c a O O,1Q.s' ?9 N ' a s d ? ,? ? ?? O I99S w y ? ?, 17 7 ?(q?GS,i'S' OAK GROVE GN JAY ll E p. *aTtF Nl CE FO'n .d MT LIONI:MUN RD <9 CqW d, .? . O :1994 q°h n {` ..es9`? q ~? o i'6 1 TG s . H N k Opi.AND O ,c -01 179 MCC" T a yo c I ?? O 9? V a i scNOOL LL RD aQO LAK 1?1s`?sch? oar CH CONCORD ti '. IFORKS?~ s ¢ South NOPw POOLE PD "k;P ;? /y m Lot 16 ca RKS L.l ,?. e fN Il O""'? HMO DN'°V 1943 OLIVE ..p JONry ep`'. - ^ ° HILL f ewSr ",, LONG r ?P*;;': ?1 r t l f; qo. STORE 4 `,? ?}y?a+to r ' < , t101! i#i, „ :' Q STORE El\, JERRY DIXON RO ! p? ?0 .?$ ^ D<t ,WC .? a ?'!? SS'E ?? 4,e r90 ` .......,f,PQ ro 4.:.? c 4Q4 P°:`, 1s? HtL Cw? y.° "1+1 jiC /j J ^" ° 501 - :: ^ FUCC A{. 1396 T - S 1 ROXBO ) O YAIM C ~EAgO u o _'?9 ° , O ¢ A _ . 'as ? ? 90 {W,1 ti a _ O tOQ... 't F ,A[ h B 4ai p ^ m R MOUNTAIN .•..na... OC6 -. :,ftS 41 tE#SRJRO '?hr ty . a y ° O .0 'go 'g J (158 ° i 49. #vr '° 9r to 'Jd ?? Or 9°'HC?°O w 9 t 9 °J BROOKSOA 1`? 00' 0 `° P 157 Tr OO 116p CNARE16 CARS qe F hf o4?ry? shF?at?? °1, vil 1 South Landing Lot 16 Hyco Lake plan to Stablize Shoreline NORMAL SUMMER WATER EL. +) 0 Ff;7 !I I SECTION SHOWING EXISTING SHORELINE TOP OF ROCK RIPRAP EL +P- I-T - ROCK RIPRAP OF SUFFICIENT SIZE TO PREVENT WASHOUT NORMAL SUMIP. WATER EL. 410 E 2 ---? ? - 2:1 OR 3:1 SLOPE fr\" I APPROX. SIZE OF ROCK RIPRAP 10 INCH DIA. FILTER FABRIC ik,7= I FILTER FAB EARTHEN KEY FOR ROCK RIPRAP SECTION SHOWING STABILIZED SHORELINE ,L O?f 17 's- U.5e 420 f ropcrt? ?::Ijc i Ov4-10 j er "q] + Pool 1 1 pmwm? ? , a i Pro? casc d Bv"q I Nyco S Flow of NT v&.4 xe? 1"9 ke- SO A h ,vid 1 N, Or, ril ; t f?u• 1 ?Y? v 1 ?? l?k •I1i- ? 3 y 00 rN ; t`. "t a? LOU 1b SOULn Lanaing Lot 16 South Landing Under Cut Bank on Lot 16 William Alex Sergeant Hyco Hills Farm, LLC 204 Whittington Dr. Danville, Va 24541 Periann Russell Division of Water Quality Department of Environmental and Natural Resources 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 10/17/2006 Ms. Periann Russell 2006''6 8 ? _6L IV[ Enclosed you will find my application for placing riprap along the shore line of lot 16 South Landing Hyco Lake, NC. Thank you, Alex Sergeant D 0 C T 2 3 2006 WETIAN08MOSTr ?T R?RANCH r- -a 0 "IT 0 0 20061687 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 G,M o -. }s Application cannot be used for wetland or stream impacts. Please provide copies of this application and supporting information as well as a non-nfandable application fee to the Division of Water Quality of $200.00 for impacts of to lake bottom of less than 1 acre and $473.00 for impacts to aa"Ec bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit ? j 4"0 M022 SO-4oo-confSp 37-1 CM6vxe. 104-v5,) N c, X7 4A 04 4 1. Applicant Information Ow Telephone Number: E-mail Address-L9,; 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: 11. 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 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. Pr Ir. 90 N Nearest Town: r© - Subdivision name or site address (include phase/lot number): 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 3. ?, t'• S S 4. Nearest body of water (stream 5. tL .. r c /'d I.J /'S" lj-zc 5e.i(eref? 6. List the type of equipment to be used to construct the project: o c 1 rac l o r .. 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: _' 00 su - .., 2 F.11 8. a. Amount of impact (including all clearing. back fill, excavation, rip rap, retaining walls, etc.) a e the normal l lake level and 50 feet land-ward in 657 square feet or acres: Z Cj _y C 55, 12,Za6Q6 //J J7 Applicant/Ag=V&4*naMe Date (Agent's signature is valid only ' authorization letter from the applicant is provided.) site at the time of tbi b_ Please describe vegetation above the normal pool lake level and 50 feet land- f ward to be imps :tec? (numbfr?f trges for ins artce). , .? t: W .O'NI.4 / hots ? ? . Or Project Location Information: Lake Name: Hyco Lake Subdivision Name: South Landing Lot Number. 16 Person County GIS Number: 19431 Location: Off SR 1300 Concord Church Road turn onto South Landing Dr. PVT Proposal for stabilizing shoreline placing rip-rap over landscaping fabric along the bank of lot 16 South Landing because of the following: 1. The bank of lot 16 South Landing is severely undercut. A. This is a dangerous situation for anyone walking on the bank B. Trees and bushes are falling into the lake form this undercutting of the bank C. The bank is constantly being eroded away 2. The bank of lot 16 is undercut by the natural hydraulic action of the water as it flows down the South Hyco branch of Hyco lake and takes a sharp turn at the lot 3. In my opinion the rate of undercut is progressing faster now because of recent popular practices A. Using boats to produce maximum waves for jet skiers to jump B. Using slow moving boats to produce a large standing wave that is surfed behind the boat C. The wave action of increasing boat traffic as boats turn to go up or down the lake in front of lot 16 D. The nominal size of pleasure and bass boats has increasing on Hyco Lake 4. Beavers have cut some of the trees and vegetation (Note: attached picture) Please note the attached pictures of lot 16: 1. Picture showing undercutting of the bank back 24" 2. Picture show long section of undercut 3. Picture from lot 16 showing South Hyco before the turn in front of lot 16 4. Drawings showing proposed rip-rap placement lot HYCO P ?= 1314 WOODSOALE - RESERV I "1°.: •`?s =}ON ?E`VEl ?'a 1316 SHORE PO? n OG ? !+ Q?:n a / qkq :% i? ji• Y -lip ? El y+i F' a i O ff??n?? ?? ? ?Oy O , 1334 y -wits c??lj ?.aP $ '4:. C C '?, ,S' py' OAK GPOVE d CHARIA E C CE FO .?. .d MT ZttlNCMU-.-R.CH JAY RRD <000• C W T' v ODLANO 133 YySCHOOL ° LL RD?4pQ A 4fOPV N=?LAK r/?'kG??F'??y. }H •:? 3 1••. ???!"Gp o4'' w; >: GCHQ ? ?C,? r?' W CONCORD Q <. S1J00 .-rsr' .? o :k r`wsb'3?+ FIVE u hO n to 1V.t; `k>< NO DOOLERD FORKS r K South T PA I fg M lac u ?`r o C 7 c U ? 'Y" 014-9 EVAN RW RKS _ _ N OLIVE MDP `tea 6 ? ?r JOMN HILL LONG STORE P° 1302 T,'. to 4 ?7C ?4 s STORE t??? GQf s 4'r r t: r: O? N bP A 5tE ,o?.-?C 1' "s90 r . JERRY DI%ON RO q ° Q, o,` r reo e 5 vy f +, " ?P h 2 4 < `. t t H1G),G 4r _ yF? / ! 501 4kc ?''- f • ?e-c_.yp„p9EP y50Na.rR?O" Z 4v ??? (RO y... RDll00 9 "ilk SA H Hp 4 y_. 7306 n; 3 4 _ dO D- ,. ?.? q'?Q ?ti.'o? °..?Q •` MOUNTAIN CCF '°IFMN p0 41 IEASRJRQ ?.,4Sq'1') {y .2: D° '•_`u`°,w...:v* .. j. ,, _ F Lj 409 CIA rvP O 90 'OK !Jf tnm < 9? °Plt .'O ;_hC -.? ' 00. - ^A40 PO y.•T_ rSS Q,O a9l. \k0 -' r .1•S 1160 CHARl1E C BROOKSDA -- 15711 .w7 9e ) A?F . yE8 fq _ .. 0901?) O fF9 1;9° 9p VI!C??Ij?il l4 South Landing Lot 16 Hyco Lake Plan to Stablize Shoreline SUER WATER EL. 0 'F'f i -?z_ I SECTION SHOWING EXISTING SHORELINE TOP OF ROCK RIPRAP EL + I'z I- T - ROCK RIPRAP OF SUFFICIENT SIZE TO PREVENT WASHOUT NORMAL SUfrIY R. WATER El. 4-10 C 2 ---? 1171 a ""--R-ANCHOR FILTER FAG! t ttt? 2:1 O ?tt~ SLOPER 3:1 t t APPROX. SIZE OF ROCK RIPRAP tti IcI INCH DIA. FILTER FABRIC EARTHEN KEY FOR ROCK RIPRAP SECTION SHOWING STABILIZED SHORELINE So" A ? A,,v d r "j Qr. VVf. Z i 1 W ? Lri L U .7 L of i L ?. O 1 d? CA z _ Use C: 45 42()/ Q? ?:4 I S?r`N shore ?i c.? d Ex 117 NLrMgI Poet NTS Hyco *e&.i 1 Kc ?"`. l ??}'tt `.. ?. ?? Si .:' ? y ; ?? i. ,l,. ... ..?..?+? i Y.}, , s ?,? ; , ?jl ??. C� vinw hr jk, r`.. da. C� vinw hr