HomeMy WebLinkAbout20050297 Ver 1_Complete File_20050216O?O? W AT ?9QG
(?W_ . -i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Dcparuncnt of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 25, 2005
DWQ# 05-0297
Catawba County
Ms. Marilyn Crockett
1608 Slane Rd.
Clemmons, NC 27012
Subject: Right Angle St.
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Ms. Crockett:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.006 acre of waters and 0.001 acre of riparian buffer for the purpose of
stabilizing approximately 100 linear feet of shoreline on Lake Norman, as described in your application
received on February 16, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No impact to the buffer shall occur, including the removal of trees.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
NolihCarolina
.11alurallif
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Shoreline Consulting
Central Files
an-F ER Fo F p
D
c)A a,e) I p c, MAR r 0 ?_006
Certificate of Completion
DENR - INATER QUALITY
WETLANDS MO STORMINATErR BRANCH
DWQ Project No. County:
Applicant:
Project Name
Date of Issuance of 401 Water Quality Certification: Z ZS /0 Sl
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh.,
NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ?? CY R.c c? C hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
1
Signature: `Ct Date: 0(.,
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
.P -k., 1'.1r 0 .j 7
Signature: Registration No.: Date:
?1
O?O? W A T ?RQG
`? r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, Y.E. Director
Division of Water Quality
June 21, 2005
DWQ# 04-0297
Forsyth County
Dr. Donald L. Martin, Jr., Superintendent
Winston-Salem/Forsyth County Schools
P. O. Box 2513
Winston-Salem, NC 27102
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Martin:
The Winston-Salem/Forsyth County Schools have our approval, in accordance with the attached conditions, to
place permanent fill in 256 linear feet of intermittent stream, 217 linear feet of perennial stream, and 0.09 acre
of forested wetlands in order to construct the Simon G. Atkins Academic and Technology High School located
on Old Greensboro Road in Winston-Salem, Forsyth County, as described in your application received by the
Division of Water Quality (DWQ) on June 14, 2005. After reviewing your application, we have determined
that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web
site at http://lh2o.enr.state.nc.ushicwetlands. This Certification allows you to use Nationwide Permit Number 39
when it is issued by the U.S. Anny Corps of Engineers. In addition, you should secure any other applicable
federal, state or local pen-nits before you proceed with your project, including (but not limited to) those required
by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. 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 wetland fill for this project (now or
in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached Certification, as
well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams 473 linear feet Two unnamed tributaries to Frazier Creek,
Simon G. Atkins High School site,
Winston-Salem, Forsyth County
One
NotthCarolina
Al atura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet htto//:h2o enrstate.nc.us/ncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50% Recycledl10% Post Consumer Paper
Dr. Donald L. Martin, Jr.
Page 2,
June 21, 2005
Amount Approved Plan Location or Reference
Wetlands 0.09 acre Forested wetlands adjacent to Frazier Creek,
Simon G. Atkins High School site, Winston-
Salem, Forsyth County
2. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement
Program (NC EEP) in order to compensate for the impacts to streams. In accordance with 15A NCAC
2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2H .0506(h) and 15A NCAC 213 .0233(10). Until the NC EEP receives
and clears your check (made payable to: DENR - North Carolina Ecosystem Enhancement Program),
additional stream and wetland impacts (including fill) shall not occur at this site. Ms. Carol Shaw
should be contacted at (919) 733-5208 if you have any questions concerning the Ecosystem
Enhancement Program. You have sixty (60) days from the date of this Certification to make this
payment. For accounting purposes, this Certification authorizes the fill of 217 linear feet of perennial
stream in the Yadkin River Basin, Cataloging Unit 03040101, and 217 linear feet of stream mitigation
are required.
3. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in ISA NCAC 0213.0211 Fresh Surface Mater Quality
Standards For Class C haters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must
be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
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 measures in wetlands or waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the project is
completed or, if applicable, within six months of the date that the project is released by the North
Carolina Division of Land Resources.
5. 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.
6. The piping of the perennial stream required for this project shall be conducted in such a manner that the
original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of
the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained
above and below the location of the piping. The piping shall be designed and installed to prevent head
cutting of the stream. If the pipe becomes perched, the appropriate stream grade shall be re-established
Dr. Donald L. Martin, Jr.
Page 3,
June 21, 2005
or, if the pipe is installed in a perched manner, the pipe shall be removed and re-installed correctly. The
Applicant must submit a plan and receive written approval from this Office to address any head cutting
that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
7. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream.
8. Energy dissipation and sheet flow must be provided for all discharges of stormwater before such
discharges reach stream channels or wetlands.
9. The proposed project must comply with the local water supply and stormwater management ordinances
of Forsyth County approved by the N. C. Environmental Management Commission.
10. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
11. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
finished. This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality
at the address listed on the form. Along with the Certificate of Completion form, please send
photographs of all impact sites to document correct construction and stabilization.
If you do not accept any of the conditions of this certification, 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600, extension 293.
Sincerely,
Alan W. Klimek, P.E.
Dr. Donald L. Martin, Jr.
Page 4,
June 21, 2005
AWK/cdl
Attachments
cc: Ms. Andrea Wade, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Mr. Jim Moorefield, Winston-Salem/Forsyth County Schools, P. O. Box 2513, Winston-Salem, NC 27102
Mr. Gene Miller, Winston-Salem/Forsyth County Schools, P. O. Box 2513, Winston-Salem, NC 27102
Ms. Denise M. Poulos, ECS, Ltd., 6909 International Drive, Suite 103, Greensboro, NC 27409
Mr. Eddie MacEldowney, Davis-Martin-Powell & Associates, Inc., 6415 Old Plank Road, High Point, NC
27265
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Triage Check List
Date: 2/21/05
Project Name: Marilyn Crockett
DWQ#: 05-0297
County: Catawba
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 2/16/05 to 4/16/05
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to your 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!
The following is an abbreviated application` iFLi ? ut t ytn0'm mg for a 401 Water
Commission)
Quality Certification to impact FERC (Federal ILaerngy?l? tory
regulated lake shore or bottom under the U.S. Army Corps EnPermit
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
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1. Owner/Applicant Information
Name: AJ i 1?G? C ?a
Mailing Address: J
Telephone Number. 3!C! 6 i?057 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- 1Y)A -
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.
1. Location h ? f
Count y. (._ e I a t?/e- Nearest Town: ?n ?? !fir
Subdivision name or site address (include phasc/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): 7- ?J m /11 r\ J O "e, c
2. Describe the existing land use or condition of the site at the time of this
application: S - J
3. Property size (acres)- C) - ki 5 A L
4. Nearest body of water (stream/river/sound/ocean/lake): Z- 1 1)r4zeI
5. Describe the purpose of the proposed work: o l Pt ell,
Sp47lat,q C' t , kV7 ?C d
L/I
on s , ? ?has ??
6. List the type of equipment to be used to construct the project: `2a- ILL,-" _d t
4-.".2 r lr) eA- J e r
7. Amount of impact (including all excavation, backftll, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: o 606 i a L- -
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:
b. Please describe vegetation above the normal pool lake evel and 50 feet land-
ward to be impacted (number of trees for instance): /S a1 uJI C -
1 t Zvi .4 c' S , c -
Yl 0 -{-yam 2 eS ! A
,)- - /v - dS
Applicant/Age is Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
6rjqt P?'t a'z? ? S --?-
1
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5
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acf?SS 63rrLJ?
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-of\Je W`n
Please approximately sketch the fo0oviing information on this plan
please provide cllmensions for each Item, such as 10 it x 10 ft
1) All proposed vegetation clearing (provide dimensions). N E
,,12) Location of rip rap or fill to tia placed above the Fu 7J Pond-elevation
Location of rip rap or fill to be placed below the Fu3 Pond elevation
?4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
--5) The location of any excavation or dredging belovr the Full Pond I VD
elevation.
V/6) Location of construction access corridors.
'< /vJ _
S.eccc%1/ 6 LIV --? t I 1 f I, q 3 S,/J
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D.
6v ?? 4
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800443-5193
APPLICATION FOR PERMIT TO STABILIZE TIIE SIORELINE IN NORTII CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
L Applicant Information
/J
A. Name 474r 1
B. Mailing Address.
C. Telephone: 3 3 6 - -7 o 6
II. Location of Proposed Project
A. Lake /2 &Un?'-
B. Street Address "7 ?3/1
C. County r??
D. City, town, community or landmark e, ?F
E. Section Lot// Subdivision
F. Directions to property by road ??? ?'? // / JJr"S. v,
> 1
G. Latitude and longitude for the project site -TS'3 S ' d y_ . ?? V UC) Z c?? LLB
Please submit a map showing the coordinates or a detailed map (USGS quad map, city
map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude
coordinates can be found on interact site, www.mapblast.com)
III. Description of Project \ {
A. Length of wall
B. Material e,
C. Distance from property line/shoreline 11/•^< t 1di 1 I .b-,2 yh =e3?0 /1 n / SILJ??fJ?
IV. Intended Use of Project Area ?erl? CC(r'lhx? C- S-c'a 6t/q f/
A. Private
B. Commercial
V. Applicant Signature ;,ter 0 ti4 C`j c Date - tf (] C
PLEASE NOTE THE FOLL01VING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF
THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OFENGINEERS, 151
PATTONAVE. - ROOM 208, ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF IVATER QUALITY
ATTENTION. JOIIN DORNEY
1621 ItJAIL SERVICE CENTER
R1ILEIGII, NC 27699-1621
919-733-1786
Jrt VoC'.
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