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HomeMy WebLinkAbout20061611 Ver 1_Complete File_20060103o?o? WarF9QG C/ O `C Mr. Kevin Marchin 1171 Ross Brook Trace York, SC 29745 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources NOV 6 - 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Subject Property: Lot #226, 173 Ross Rd., Lake Wylie Alan W. Klimek, P.E. Director Division of Water Quality October 30, 2006 DWQ Project # 06-1611 Gaston County 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. Karns: 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 October 16, 2006: Amount Approved Units Plan Location or Reference Shoreline 218 (feet) 404/CAMA Wetlands acres Waters 0.02 acres) Buffers - Zone 1 218 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 (USACOE). This letter shall also serve as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .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. Nor` hCarolina atura!!y 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 Z of 2 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, a-e&_ 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 CBC Becky Fox, EPA Central Files Triage Check List Date: 10/17/06 Project Name: Kevin J. Marchin DWQ #:06-1611 County: Gaston To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 10/03/06 -12/01/06 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! t. lt% M. 2 0 0 G 1 0 ? 1 The following; is an abbreviated application form for those applying for a 401 Water Quality Cerlfilication to impact FERC (Federal Energy Regulatory Commission) regulated lako 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-refundah l ? application fee to the Division of Water Quality of $200.00 for impacts of to lake bottom of less than ]I acre and $475.00 for impacts to lake bottom of greater or c qual to 1 acre. Applications should be sent to: Division of .V,';i ter Quality Wetlands Unit 1650 Mail Seri ice (:enter Raleigh, NC "699-1650 1. Applic;i nt Information RE VED OCT 3 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Ownei:/,Lpplicant Information ll_ Na:r; e: ! IVCC/l/A M::.i: ing Address:_ Tell:_ihone Num. E-i:n it Address: 31 Fax Numbe- ? T) /-) L, Cej z,7 2. Agent .lnformation (A signed and dated copy of the Agent Authorization letter must b attached if the Agent has signatory authority for the owner/applicant.) Na:n -e: Co -.pan), Affiliation: Mail ing Address: Tel( )hone Number: Fax Number: E-rarril Address: II. Project information Attach a vicinity map clearly showing the location of the property with respect to local la:- dmarks such as towns, rivers, and roads. Also provide a detailed site plan Bowing property boundaries and development plans in relation to surrouni. ing properties. You may use the diagram below to make a hand sketch of s 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, imperv ous surfaces, or other facilities must be included. Loc i1 ion Cor'-nty: Nearest Town:_ &lmlui t Sr::l• division name or site address (include phase/lot number): Directions to site please include road numbers, landmarks, etc. (This is not nee-;ssary if an adequate vicinity map is included): 2. Des(,ribe the existing land use or condition of the site at the time of this appl.i; ation:1,e5i N )?e(-- 3. Prol:(ty size (acres): o2- 4. Near: 3t body of water (stream/river/sound/ocean/lake): lZ? (1 ? 5. Desna- be the purpose of the proposed 6. List ti-.e type of equipment to be used to construct the project: SKVO Sue U2 LEA4zn. 7. Ameunt of impact (including all excavation, backfill, rip rap, retaining walls, etc.) baow the normal pool lake level in square feet or acres: N,A 8. a. A:rx,ount 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: b. Please describe vegetation above the normal pool lake level and 50 feet land- ward. ) be impacted (number of trees for instancei?iA ?M SS 01'1 LI Applicant/Agen:'s Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Full Pond Shoreline Please api,)roximatel?y sketch the Wowing information on this playa (please provide dimensions for each Item, such as 10 ft. x 100 It): 1) All propo.?j id vegetation cleaning (provide dimensions) .2) Location of rip rap or fill to be placed above the Fall Pond elevation 3) Location of rip rats or fill to be placed below the Full Pond elevation 4) The loc+atitin of any proposed stiuctures such as buildings, regaining walls, doc,1;s, etc. 5) The locatk; n of any excavation or dredging below the Full Pond elevation. 6) Location,a0 construction access corridors. .- 1 6-0 'pf 0 a co O U `o c a E c `a 0 (9 N O O ? T O m O v o m c m U L E / Q L O Z Q? CO a) iJ O L U C- V O Z o-0 ??i ?. C' O G oy Z rn? ` v Z JC? :? ? . M ¢ p E ? r ;; ID L°n co m c N U 0 0 a ?E o s 0 a L H a > a c w< a v? v 0 ? 02 u o OL c u c O O 9 ` a 6z N L O O O N Z ao d N yaj L d U N v N N= ? aa? a C L J- _O N O 0. c c L ? a C 1- N a foU o ? ?n UO ° u t u ?° Ua O? ? °m o 0(90 c N ? a W N p m O m ? N C ©t U -rnv, rn%? c n vi n U '° 0 U©? The following; is an abbreviated application form for those applying for a 401 Water Quality Cerlilication to impact FERC (Federal Energy Regulatory Commission) regulated lake: shore or bottom under the U.S. Army Corps of Engineers Permit GP30. This Ei pplication 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 I:. ke bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or c-,lual to 1 acre. Applications should be sent to: Division of V,'.3 ter Quality Wetlands Unit 1650 Mail Serf ice Center Raleigh, NC ;".''699-1650 1. Applh-:i nt Information 1. Owner/,applicant Information/ / Na:r, e: _,E'?y/?V d°//k?. GvG/?t1 M,:.i:'ing Address:__ "/7-? /?0 j r;I !A?r [tf _ LE ` R F= c?Fm odR 5 OCT 3 2006 DENR - WATER QUALITY AVIANDS AND STORMATER BRANCH Telephone Num E-nn iil Address: Fax Numbe•G' C Z- -- C44-7 2. Agent l: iformation (A signed and dated copy of the Agent Authorization letter must b2 attached if the Agent has signatory authority for the owner/applicant.) Na - e: Con;pany Affiliation: Mailing Address: Tel(:,)hone Number: E-rn, ail Address: II. Project Information Attach a vicinity map clearly showing the location of the property with respect to local Lt:- dmarks such as towns, rivers, and roads. Also provide a detailed site plan :,Bowing property boundaries and development plans in relation to surrourr,;ing properties. You may use the diagram below to make a hand sketch of Fax Number: your arr3ject. Also, seethe example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. The footprints of all buildings, imperv ous surfaces, or other facilities must be included. Loc 31 ion ? Co r .nty: Cx ? ? ti Nearest Town: t,Je4mu,L t Sul division name or site address (include phase/lot number): Diroctions to site please include road numbers, landmarks, etc. (This is not nec :;ssary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of this appl'.i.ation: 3. Prol: e::-ty size (acres): <2 . G f? 4. Near4:3t body of water (stream/river/sound/ocean/lake): Lt?L e- Des(-.robe the purpose of the proposed work: 1?Ii?? LZ 7_L_ &2_2I8 GZ 1; ? S`U C-1 lI 6. List.i-.e type of equipment to be used to construct the project: 6VyO Se '?2 LOAQQrL 7. Amount of impact (including all excavation, backfill, rip rap, rgtwining walls, etc.) h aow the normal pool lake level in square feet or acres:- a. A.rr:ount 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: b. 111c se describe vegetation above the normal pool lak level and 50 feet land- ward-) be impacted (number of trees for instance): -',ASS dy1LL Applicant/Age:rr:'s Sigmature Date (Agent's signanire is valid only if an authorization letter from the applicant is provided.) C Please apinoximatety sketch the following information on this plan (please provIJe dimensions for each item, such as 10 ft. x 100 ft) 1) All propo!? i cd vegetation cleafing (provide dimensions) .2) Location (if rip rap or fill to be placed above the Full Pond elevation 3) Location cif rip rap or fill to be placed below the Fula Pond elevation 4) The locatk n of any proposed shuctures such as buildings, retaining walls, douc;l:s, etc. 5) The locatk; n of any excavation or dredging below the Full Pond elevation.. 6) Location 61 construction access corridors. a 0 c c w 0 N 0 0 N V m o O v 0 5 m c m U L E Q 0 z U co 0 `V 0 L co U 0 z ? O mN? O Z I ; E a E L°n m J m c N U 0 0 c n L E c O °J c s L U1 Z d Ul N L O) m< v . ?N d C 2 U O O a= ov ?o m nZ N L O O 9 N my v2 L N Q -`m W W Q ? p C ? N T ? O ? p O .? U U N N d C f- t0 o?U o ? U O .u • u oL o ? °y _u U rn Z5 oC?v ?°v a f0 oJN U W O m N C 10 ©L U m T -. o n . -0 Q V ? L) O