Loading...
HomeMy WebLinkAbout20050206 Ver 1_Complete File_20050203O?O? W AT ?9pG "' r o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 7, 2005 Jeff and Lisa Sepesi 1679 Slitting Mill Road Glen Mills, PA 19342 Subject Property: Lot# 106, Southpoint, Uwharrie Point Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Ms. Sepesi Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0206 Montgomery County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.013 acres of waters, 2925 square feet of buffers, and 285 feet of shoreline for the purpose of installing rip rap at the subject property, as described within your application dated January 11, 2005 and received by the N.C. Division of Water Quality (DWQ) on February 3,2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3492 (GC3492). The Certification(s) allows you to use General Permit Number 198200030 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 211.0506 (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 285 (feet) Waters 0.013 (acres) Buffers 2925 (square ft.) 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: http://h2o.enr.state.nc.us/ncwetlands Nose Carolina Nattaully An Equal Opportunity/Affirmative Action Employer - 500% Recycled/10% Post Consumer Paper Jeff and Lisa Sepesi Page 2 of 3 February 7, 2005 2. 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. 4. 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. 5. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Construction Access Corridor DWQ suggests replanting vegetation (trees) and returning soil to original condition prior to impact in temporary construction zone. 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. Jeff and Lisa Sepesi Page 3 of 3 February 7, 2005 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 in the Central Office in Raleigh at 919- 733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910486-1541. AWK/CBK/bs Enclosures: GC 3492 Certificate of Completion cc: USACE Wilmington Regulatory Field Office DWQ Fayetteville Regional Office DLR Fayetteville Regional Office File Copy Central Files Sincerely, -A4/ '01-1 Alan W. Klimek, P.E. Filename: 05-0206 Jeff and Lisa Sepesi (Montgomery) 401 WQC #3492 LAKE AND RESERVOIR ACTIVITY CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES) AND AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in the Wilmington District's Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification (WQC) Number 3373 issued on March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes these Regional General Permits or when deemed appropriate by the Director of the DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities which require approval under either of these General Permits but do not result in fill, dredging or excavation of waters or wetlands (such as docks, piers or boathouses) do not require written concurrence from the Division of Water Quality as long as they comply with all other conditions of this General Certification. However, Condition No. 5 is applicable to all streams in basins with riparian area protection rules; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 3. Activities which result in fill, dredging or excavation of waters or wetlands under this General Certification require written concurrence from the Division of Water Quality; 4. Measures shall betaken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 5. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires WQC #3492 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, and waters. 15. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 16. Standard Erosion and 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: a. 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. 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 17. No Impacts Beyond those in Application 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. 18. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and 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 $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit ??LS p?? 1650 Mail Service Center D FEB 2005 Raleigh, NC 27699-1650 I,, DS "t' STOP ? IER C n ?TEfs r?p?l I. Applicant Information 1. Owner/Applicant Information Name: JG-f-( 0) b Lt5A 5ePE$ l Mailing Address: 1(o"1 `i 5LITT(N6 MIt,L F-D. 6LE7,1 MI"S , PA Iel342 Telephone Number: 610-L45"1-080b Fax Number: E-mail Address: 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: II. 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. Location County: mo tJ1-Cro-yvt e " Nearest Town: 121ctiFte l D Subdivision name or site address (include phase/lot number): WAA-042iE Po/NT, SouTNPOINTO Directions to site please include road numbers, landmarks, etc. (This is not LoT l06 necessary if an adequate vicinity map is included): NG Al To ?)AoW &Ay-e Ra- (5a II&Z ) . S,cu.7N TO 01-0 NorZ;_,N STMTE aw", GOT"OCE. SC-6 ArrC-rSDkN i FAR tJ g NOKS To 1;uuTNPorA17, LOT 106. 2. Describe the existing land use or condition of the site at the time of this application: utiD&jEwPEo l.oT IN E)c(5TIM6 MZIIVI?306J• 3. Property size (acres): 1,415 AtfLeS 4. Nearest body of water (stream/river/sound/ocean/lake): BAbi N LAKE 5. Describe the purpose of the proposed work: To STPGii-17_E AN C-zOW N6 _51b1_ +I0 "C> P(coTL-c,T ?r i'Rnv% RkxTsC-z- gapS(0(J 6. List the type of equipment to be used to construct the project: f?P?C?'T ? ?µngU? Ff1ct?"r (.oA4L-R- oR -tRRLiL F}o?• 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 5?o S4. FT. 8. a. Amount 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: Z.q ZLZ5 `tQ . Fr, b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance):_ / M2,0X . 40 - So TR.CES OF UMMU16 SVg M-0 CrONTteN f,.tU tat Ft-W.oyC'D TO Gcwt,PLC-T6 TINS WV4' Appl ant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 CabarTus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Ncuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bettie Dare Lenoir Tyrrell Post 0Mce Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret' Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans •Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Ponder Post Office Box 1890 Brunswick H Richmond Wilmington, NC 28402-1890 Carteret M t rc ry ' R obeson Telcphone: (910) 2515511 Columbus o n Sampson Fax: (910) 2514025 Cumberland New Hanover Scotland US Fish and Wildlife Service / National Ma rine Fisheries Servi ce US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763 Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671 CA\1A and NC Coastal Co unties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bettie Craven Hyde Ponder Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell - Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kemersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey ???/off 40I (N1?TC7L QuktA i I CEV,Q F-1 CATS0n4 /?'Pe icAi,oP BOR. 54a(L''C-UNE STA3iL1-7-ATio/Q F :: ? CAF ?D ?-t4fk S?'Pt? 1 ?I ,aT lob , ur!-FPOINT U W8AIZIZIE POINT m A- CT Cp-,CULATt o11 S $hb a;euN 6 P LArJ Co HaW S 2SS L? or- I' Ro_ po seD i f 5402.1; LINE STAR ILIZNTioN W ITtA PP (Z.AE, ri ?TR'1 L 5 . Z. A;?so 3 S ?t? }? P tZo no 5'EP 51ko 2E U tS ? ?t.oP>? -? Nit 1 S 2 % ( f_ ?N? R L5? S}la-u? 5 -(H E _ Z)L-q T T tte No RmkL ^I 10 t D T4 k46i & N T APvo V "rte t? ?R-+M ACL Poo G# .t; 1'1' m -1 A9-A 01P (rvtPA-<,'` _ U-NGTN ?- DtPTA 5t. Pt? ,;, - _ 285 ' x 1 ? x Z ? sib 4 ?ocZ TN't 5 CLt. cuLATio&L t AN ?6vERA CaC o?- OuieRA I.L WATL-2. 'FT. FkAS 6E-enl A5?tumeD, Tt4l S tvtut., PRa t?v.c? /? G?t__???-Sl1?T? ? DV tr,2?STt ri'1RT? O 7?tf? (M FA - a' Lot 2- (Svc--, ( CaM T. I Nn p PtiT ? eA y _ 1?c nn Apt-- Po-o L- oiawt& Sa) :? l?C?1??T 0? Q??.1? vE t30'fLw?A?t. PoffL U?R.? cSTr ?7D ?? St?[?UN? = I,S?T. R&oV? IUU1S Z115 L1F 54wLet- e fir. l6tuC KwS { I M PAT AV-tAr = L x10 S -- -7b 'ZIS Y- -A 2to Mel `'' I m Pl?T 1=?N1 C?-N sT cT?oN ?as? ?? ? W c? STn-? P FT TbTkL MPACT t3oVE t?LQS Zg2S 5c?.'FT, m 1.03 acres N LI 60 ??? •?? N 78.12'15" ADIN LAKE W r, 281.540 B \ L-2A LOT 109 <?3 CURVE 67 C-1 43,704 sq.ft. 10' WATERFRONT C-2 \ 1.00 acres ACCESS EASEMENT C-3 C-4 E S 88'30'07" E L-5 C-5 74'4?4 , 203.42' C-s V N ? Arro IRON SET ON LINE C-7 \ 5' OFF OF CORNER C-8 C-14 C-9 LOT 108 C-10 ` N ? 45,972 sq.ft. C-11 ? 1.06 acres -8 C-12 C-15 3" W L-9 C-13 C-20 C-16 S 81'57Z , ° C-14 a0`?, 320.29 L-11 J C-15 LOT 105 C-17 c-ts C 56,802 sq.ft. cD c-?a -1 8 1.30 acres L-12 ? c-18 2 LOT 107 C-19 to 57,345 sq.ft. C-20 ?• 1.32 acres c-22 o. N 89'02'49" W L-14 C-24 249.47' N 88'23'37" E C-25 285.00' ) L-15 C-26 4J '5CPES4 L-16 Lo LINE LOX 106 C?19 n 102 L-17 .0 Sri 62,9144 snit. <• 1.45 acres ? L-18 o z L#J 93 -T50F5 SEE SHEET 5 OF 5 286.85' J ?rS 0610'49" W 24.46' S 89'22'46" W ,`,C N p O .' - SEAL r L -M i 101 $oil STATE OF NORTH CAROLINA MONTGOMERY COUNTY D FO REGISTRATION AT 3'• ? 0'C 100 . 199 AND R IN CABINET _C- S DE, 5a-- R OF DEEDS SAl1 M REGIS BY: `111 . Q nP,-A? STATE OF NORTH CAROLINA N, o„ r r 286.85' ,b a- NUNN c? ..rte ? Y S 89'22'46 W .00 .".000 00 1.32 acres N 88'23'37" E 285.00' to r` LOT 106 s Lo w 62,944 sq.ft. 1.45 acres Vv J k- f? v 1? N ? J VEGETATE DISTURBED AREA ABOVE SLOPE EXISTING GRADE I CLASS 1 RIP RAP 1 ? I rl ??2 2 I EROSION CONTROL FABRIC LAKE BOTTOM TYPICAL CONDITIONS 12" TO 36" ERODED CUT WAVE EXPOSURE 11/10/99 FOR: JEFF & LISA SEPESI LOCATION: LOT 106, SOUTH POINT, UWHARRIE POINT RESERVOIR: BADIN LAKE PROJECT: SHORELINE STABILIZATION PROGRAM PHASE I SITE EVALUATION YADKIN, INC. - BADIN, NORTH CAROLINA DRA'.VING TITLE: DETAIL MINOR RIP RAP STABILIZATION 2 VEGETATION AND EROSION CONTROL FABRIC EXISTING GRADE 3 I\ CLASS 2 RIP RAP ` 0 2 ' EROSION CONTROL FABRIC-------* .. -.?.?? .?LAKE , - BOTTOM - - TYPICAL CONDITIONS 36" TO 72" ERODED CUT WAVE EXPOSURE 11/10/99 FOR' JEFF & LISA SEPESI LOCATION: LOT 106, SOUTH POINT, UWHARRIE POINT RESERVOIR: BADIN LAKE PROJECT: SHORELINE STABILIZATION PROGRAM PHASE I SITE EVALUATION YADKIN, INC. - BADIN, NORTH CAROLINA DRAWING TITLE: DETAIL MODERATE RIP RAP STABILIZATION 3 N C9 n NARROWS DAM FALLS DAIS Morrow Min. State Park 1?1C' ?q f3aa?n kaki- ?d . CS2t It, 20. SOkT14 To 0( 1) NO27H Sr?TE C'[.ttF3 ?NTt2HnfCfc,, SEC 177r1v1?,?n/T FDtL I?1,?4CTt0>\lS TD S"trNPOINT COT IOG SHORELINE MANAGEMENT PLAN