Loading...
HomeMy WebLinkAbout20061462 Ver 1_Approval Letter_20061004O~O~ W AT F9QG r? r .,_~-i ~~ ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 4, 2006 Frank Bowman 547 S. Main Street Wake Forest, NC 27587 Subject Property: Frank Bowman Property Lake Royale [030301, 28-31-(1), B, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1462 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. Bowman: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00358 acres of open waters below the normal pool lake level and 0.0183 acres of open waters above the normal pool lake level and 416 square feet (ftZ) of Zone 1 of the protected riparian buffers for the purpose of constructing a 78-foot bulkhead (2-feet deep), and two 10-foot x 27- foot docks, and a 26-foot x 26-foot boathouse at the subject property, as described within your application dated August 31, 2006, and received by the N.C. Division of Water Quality (DWQ) on September 11, 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 (LTSACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .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 1501inear 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 401 OversghUExpress 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 919-733-689311ntemet: http://h2o.enr.state.nc.us/ncwetlands ,- -- An Equal OpportunitylAifirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Frank Bowman Page 2 of 3 October 4, 2006 approved including incidental impacts: Amount A roved Units Plan Location or Reference O en Water below NPLL 0.00358 acres A lication O en Water (above NPLL) 0.0183 acres) A lication Zone 1 Buffers 416 s uare feet) A lication 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). 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 ftom the existing shoreline. Mr. Frank Bowman Page 3 of 3 October 4, 2006 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, 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 919-7914200. Alan W. Klimek, P.E. AWK/ijm Enclosures: Certificate of Completion cc: .Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Filename: 061462FrankBowman(Franklin~101 _TPBR