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HomeMy WebLinkAbout20061732 Ver 1_COMPLETE FILE_20060112 W A T F9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 4, 2006 Richard Olinger 6475 Shoreline Drive, Apt. 5401 St. Petersburg, FL 33708 Subject Property: Richard Olinger Lake Royale [030301, 28-31-(1), B, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1732 Franklin County Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions Dear Mr. Olinger: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00553 acres below the normal pool lake level, 0.00413 acres above the normal pool lake level, and 196 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffer to construct a bulkhead, dock and boathouse at the subject property, as described within your application dated October 28, 2006, and received by the N.C. Division of Water Quality (DWQ) on November 2, 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). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0259. 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. Conditions of Certification: 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: 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http•//h2o.enr.state.nc.us/ncvvetlands t?l 1`,JLC ?? An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Richard Olinger Page 2 of 3 December 4, 2006 Amount Approved Units Plan Location or Reference Open Water below NPLL 0.00553 acres Application Open Water above NPLL 0.00413 acres Application Zone 1 Buffers 196 (square feet Application 2. Diffuse Flow An additional condition is that 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 Lake Royale as identified within 15A NCAC 2B .0259(5). 3. Erosion & Sediment Control Practices 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. 4. 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. 5. No Sediment & Erosion Control Measures w/n Wetlands or Waters 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. 6. Boathouse/Slip and Pier Construction Boathouse and docks may extend a maximum of 10 feet from the existing shoreline. 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. Mr. Richard Olinger Page 3 of 3 December 4, 2006 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, 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 Mike Horan in the DWQ Raleigh Regional Office at 919-791-4200. 4 AWK/ jn1 Enclosures: Certificate of Completion cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files W. Klimek, P.E. Filename: 061732Richard0linger(Franklin)401_TPBR ??F W 11TF94 Michael F. Easley, Governor ,CC) ?i William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources C? Du Qcol p Alan W. Klimek, P.E. Director Division of Water Quality November 8, 2006 DWQ Project # 06-1732 Franklin County CERTII'IED MAIL: RETURN RECEIPT REQUESTED Richard Slinger f 6475 Shoreline Drive, Apt. 5401 l' ! St. Peter burg, FL 33708 Subject Property: Richard Olinger ?;?5? '' ° ,.... •,. ,. Lake Royale [030301, 28-31-(1), B, NSW] REQUEST FOR MORE INFORMATION Dear Mr . Olinger On November 2, 2006, the Division of Water Quality (DWQ) received your application dated October 28, 2006, to impact 0.00553 acres below the normal pool lake level, 0.00413 acres above th - normal pool lake level, and an undisclosed square footage of Zone 1 Tar-Pamlico River basin protected riparian buffer to construct a bulkhead, dock and boathouse at the subject property. 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, vie will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional informal ion. Please provide the following information so that we may continue to review your project. Additio: ial Information Requested: 1. Please indicate all buffer impacts on your site plan and in your application. Please c )ntact 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 End will be providing the DWQ the requested information at a later date. Please contact me in w •iting and Mike Horan, of the DWQ Raleigh Regional Office. If we do not hear from you witl.in three weeks, we will assume that you no longer want to pursue this project and we will con rider the project as withdrawn. This lett-.r only addresses the application review and does not authorize any impacts to wetlands, waters o r protected buffers. Please be aware that any impacts requested within your application None Carolina 401 Ovcrsight/Express 2cview Permitting Unit ahlrQ$ 1650 Mail Service Ccni cr, Raleigh, North Carolina 27699-1650 2321 Crabtree Douleva d, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: fi"i)a/lh2o,cnr.stitc.lic.us/ncwctlands An Equal Opportunity/. lffirmative Action Employer - 50% Recycled/10% Post Consumer Paper Dan C. Austin, Jr. Page 2 of 2 November 1, 2006 are not ai ithorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillaj 1 at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discus;; this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijnl cc: Nike Horan, DWQ Raleigh Regional Office L' SACE Raleigh Regulatory Field Office F.le Copy Central Files Filename: 061681DanAustinJrLot2060R(FRanklln)On hold Txyk pc r?44 (ip,-led 16 Lake (Full Pond) Full Pond Shoreline o? i Please approximately sketch the following information on this plan (F-lease 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 1 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. 61 Location of construction access corridors. OF WArF,9 Michael F. Easley, Governor ?O? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 8, 2006 DWQ Project # 06-1732 Franklin County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Richard Olinger 6475 Shoreline Drive, Apt. 5401 St. Petersburg, FL 33708 Subject Property: Richard Olinger Lake Royale [030301, 28-31-(1), B, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Olinger On November 2, 2006, the Division of Water Quality (DWQ) received your application dated October 28, 2006, to impact 0.00553 acres below the normal pool lake level, 0.00413 acres above the normal pool lake level, and an undisclosed square footage of Zone 1 Tar-Pamlico River basin protected riparian buffer to construct a bulkhead, dock and boathouse at the subject property. 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 2H .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: 1. Please indicate all buffer impacts on your site plan and in your application. 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 me in writing and Mike Horan, of the DWQ Raleigh Regional Office. 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 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: httoJ/h2o.enr.state.nc.us/newetlands None Carolina Nturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Iq Dan C. Austin, Jr. Page 2 of 2 November 1, 2006 are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, '?e Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK1Unz cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Filename: 061681 DanAustinJrLot2060R(FRanklio)On_Elold DWQ 06-1732 Richard Olinger Franklin County s Subject: DWQ 06-1732 Richard Olinger Franklin County From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Thu, 09 Nov 2006 12:46:35 -0500 To: info@olinger2009.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 061732Richard0linger(Franklin)On_Hold.doe , Content-Type: application/msword Content-Encoding: base64 of 1 11/9/2006 12:47 PM 24061 7 3 2 10/10/2006 07:29 FAX 10/09/2006 06:49 9193413028 CREEKSIDE INC P" ..= .11 1 Th( following is an abbreviated application form for those npplyiug for a 401 Water Qu:tUty Certification to Impact FERC (Federal Energy Regulatory Commission) regulated lalie shore or bottom under the U.S. Army Corps of Engineers Permit GP )0. This Application cannot be used for wetland or stream impacts. Please provide seven (7) copies of this application and supporting Information as well ns a nor.-refundatile application fee to the Division of Water Quality of $200.00 for imllact:t of ta• lake bottom of less than l acre and S475.00 for Impacts to lake bottom of l,rcater or equal to l acre. Ap.)licadlons should be sent to: DiNtsion of Water Quality Wetlands Unit 1630 Mail Sievice Center Rai eigb, NC ::7699-1650 ? t ' tI O V 2 -- 2000 Applicant Information 1. Ownet/Applicant jrtformation Name. (F 1 e K q le- Mailing Address: 4 `P X ?.,DSTnr?rl?,i,._ ? TY ,tc? Gii?,r;?H 0UtjGE?2 -- - -- Tolephone Number: 727 397 - 8e3( Fax Number: -127 3t 1-1 -)o ? 4 E•-inail Address: ( Y) ±f.2 a?cr 2009, , L°•? 2. Agcn'c Information (A signed and dated copy of the Agent Authorization letter nmust'be attached if the Agent has signatory authority for the owner/applicant.) Nc.me: Qcrtnpany Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: 11. Projoct Information Attach a vicinity trap 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 band sketch of 10/10/2000 07:29 FAX 0 005/005 10/09/2006 06:49 9193413028 CREEKSIDE INC PAGE 05/05 ;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, mpeivious surfaces, or other facilities must be included. I _1 1. Location County Nearest Town ' U- Subdivision name or site address (include phase/lot number)-.__ k Diseetions to site please include road numbers, landmarks, etc ( is is q saary if an adequate vicinity ris inoludcd): . C" () ;F I i 2. Describe the existing land uBO r co diti gn of the site at the time of this application. r[All \Jr 3. Property site (acres): t r? 4. Nearest body of water (strearn/riverlsoundloccan/1 5. Des.ribe the purpose of tjhe proposed word :_ f 6. List the type of equipment to be used to construct the project: r 7. Amount of impact (including all excavation, backfill, rip rap, retainin wall), ctc.)'bcloy? then 1 pool lake level in square feet or acre: 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining ing walls, etc.) above th ormal po 1 lake level d 50 fret land-ward in 14) Af , L) square fe t or acres: , b. Please describe vogetation above the normal pool la level and 50 feet; land- / warC. to be i acted (number of trees for instance): -- - k 001 C`, - i of 1W nl Ag>licanUAgrnt's Signal= .O Datc (Al;ent's signa lure is valid only if an authorization letter from the applicant is provided.) bcrk Lake (Full Pond) Full Pond Shoreline k -\vt d4I'Tq.-'O ?L r144 tllkled &DIL 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 a) 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. Page 1 of . x r c llttp://www.co.franklin.nc.us/output/franklin_WEBSERV239226605302.jpg 1013Qi2(A ,: f4. ? kd l'l 41 Aii, i ' 5 V ? ? S ? A k FY i A i A 31.?q A ?" '? A i 7'.? 't4 P } ?? $ ? ?????i.fli•?r\I?'iU I i i EXGAVAI*E A5 REQUIRED-- - 5IPF ELI-F-VATION )GALE 1/4' - I' 0' MEW - Apr -1 J, f ( is ' OVCI.. U Qbt t I I Z X ? t;UUi: b?l I? ( + J 9 piv 1 7 ro-gr ?S• G ? ??r?r Sew ?a11 a?8 X11 a? v o v? Zx p ?qo? ; ? ? fence.. Gl? /-0, 0 y4> ay6 v I fpXAl S l0 x® a? yP 2x?? RX GG? , .?+-fnU?I S? ? I CZl v?ro ??? li Z k 8 -7o t3 Ys c2??a b N A,r I s I? i i I DWQ# 06 - 1?3 Z Date __ZL_0& Who Reviewed: 41- Plan Detail Incomplete \ pro loc io ap r proj C/ > ? Please show all stream impacts including all fill slopes, dissipaters, and bank sta ilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. rim "Dro'W1n knb C'J'- S (_ ?C0.vcd-? Please indicate all buffer impacts on the site plan. ?,?ca t l l g n cc?- ' c cT ? Please indicate proposed lot layout as overlays on the site plan. n 4 ,? t , c i ?- c s h etc'"" ? Please indicate the location of the protected buffers as overlays on the site plan. 6 ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on a site plaq. ? Please provide cross section details showing the provisions for aquatic life passage. r-e ? Please locate any planned sewer lines on the site plan. Q'rCV\vc ? Please provide the location of any proposed stormwater management practices as required by GC `mod • I?j cWa? ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. t ?- ? Please indicate all stormwatei outfalls on the site plant. ,o ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance. and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ?. This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessaryto provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland'impacts were requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete ?cction(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. ? Please submit electronic CAD files showing via email to ian.mcmillan@ncmail.net and CD: Mitigation f ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project.