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HomeMy WebLinkAbout20050328 Ver 1_Complete File_20050223o?oF %N A rF9oG Mr. Barry Childers P.O. Box 654 Granite Quarry NC 28072 r Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. l:limcl:. Y.E. Director Division of Water Quality ag G February 25, 2005 ? ` ;4 •:: ? ! `a ? DWQ# 05-0328 Rowan County MAR `' ?(:1C!5 DENR - V6 k! ;?T?.R Ew,f;CN APPROVAL of 401 Water Quality Certification with Additiorrndii[f?hs' Dear Mr. Childers: You have our approval, in accordance with the attached conditions and those listed below, to excavate approximately 25 cubic yards (0.009 acre of waters) of material from High Rock Lake to provide boating access to your dock, as described in your application received by the Division of Water Quality (DWQ) on February 23, 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 htto://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use General Permit Number 198200030 once it is issued to you by the U.S. Army Corps of Engineers. 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 404 permits expire 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. In addition to the requirements of the certification, you must also comply with the following conditions: 1. 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 Preconstruction Notification application. All construction activities shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: 3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. ,Alatirra!!if 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 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. IvorthCarolina North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enrstate.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50°b ReyGed/10°,b Post Consumer Paper 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 919-733-9721. Sincerely, Alan W. Klimek, P.E. AK/a j Attachments cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit Carcy Ayres, Rowboat Company Central Files s'q ry OS i,.,QG OF,, W?F9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 25, 2005 DWQ# 05-0328 Rowan County Mr. Barry Childers P.O. Box 654 Granite Quarry, NC 28072 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Childers: You have our approval, in accordance with the attached conditions and those listed below, to excavate approximately 25 cubic yards (0.009 acre of waters) of material from High Rock Lake to provide boating access to your dock, as described in your application received by the Division of Water Quality (DWQ) on February 23, 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 General Permit Number 198200030 once it is issued to you by the U.S. Army Corps of Engineers. 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 404 permits expire 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. In addition to the requirements of the certification, you must also comply with the following conditions: 1. 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 Preconstruction Notification application. All construction activities shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: 3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. 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 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. No WiCarolina North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 15 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','a Recycled/10% Post Consumer Paper 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 919-733-9721. Sincerely, Alan W. Klimek, P.E. AK/aj Attachments cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit Carcy Ayres, Rowboat Company Central Files Triage Check List Date: 2/24/05 Project Name: Barry Childers DWQ#: 05-0328 County: Rowan To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 2/23/05 to 4/23/05 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 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 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1. Owner/Applic nt Information Name: 4 r? Mailing Addre O FEB 2 3 2005 DENR. VpTER QUA UgY?3;GN t ?cN+tlOS Ai?D STO;1},S?'l+? 6- c n)-I-e (91 / o r r X /VC Telephone Number: E-mail Address: ; Fax Number: rr. cam 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.) Company Affiliation: Mailing Address:_ Telephone Number: Fax Number: E-mail Address: Il. 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: Ro tian Nearest Town: Subdivision name or site address (include phase/lot number): FeTae-ru C v?o Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity pity maps is ? clud n)' ,. <- 2. Describe the existing land use or condition of the site at the time of this application: _V er'seyn c-s -Jlc'ai 3. Property size (acres): o . _ 42Crrs 4. Nearest body of water (stream/river/sound/ocean/lake): I` ICA Z_AA f' 5. Des 'be the purpose of the proposed work: T a a t n Ff / LcJc^w ' Qv t- -fins, Jl-, J _ 6. List the type of equipment to be used to construct the project: RC77? rel& 3 JACVt'I 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 4-7l. S? S'Y c??; _ Ytiro?S a/ V Vitt to lie- r c-movc d 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: ef A„'-r b. Please describe vegetation above the normal pool lake level and 5 feet land- ward to be impacted (number of trees for instance): ?urc/ c` e*c?d 3,r??S v,k'gent's Signature ?- Date signature is valid only if an authorization letter from the applicant is provided.) Q3 c ?(' "0- X / S -/0 b c: Pemavc-d to ?Derj?)nc-lp Lake (Full Pond) t, Cf tZS'L-A6-411N? Full Pond r Shoreline ron ?L 1 Q,f !G 3a ? XC 5 IV 7-aga d I; Sfi red Please approximately sketch the following information on this plan Iplease provide dimensions for each item, such as 10 ft. x 100 ft): 1) All proposed vegetation clearing (provide dimensions) Z) 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) The location of any proposed structures such as buildings, retaining (Malls, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. . NX ??, -d-59 iA7'eZ617Z 11 rQ%; V Alf /Z 417 R - 14-1 movedarE . Rowan Co, NC -- Printable Map County GIS Parcels Parcel ID: 606AO02 Owner: JI!`/P S?" CHILD?S BARRY SCOTT 1225 PEBBLE PT SALISBURY NC Property Address: 1225 PEBBLE POINT RD Additional Information: L2 Land Units: 0 acres Deed Book: 1019 Pg: 214 Deed Year. 2004 /..S-A/` 5". lo?'ylt5A-i Date Sold: 09/28/2004 Sale Inst.: SPWD Sale Amt: 0 Land FMV: $55,000 Assessed Land Value: $55,000 Building Value: $211,833 Total Assessed Value:$266,833 DISCLAIMER: This information was prepared from the Rowan County, NC Geographic Information System. Rowar County has made substantial efforts to ensure the accuracy of location and labeling information contained on this sit( The information provided is a representation of various City and County data sources and does not serve as an oftici, map. Rowan County promotes and recommends the independent verification of any information contained on this sit by the user. Rowan County makes no warranty or other assertion as to the fitness of the maps for any particular purpose and neither Rowan County nor it's agents or employees shall be liable for any claim alleged to have resulted from any us thereof. httpWwww.webgis.net Anderson & Associates, Inc. http://www.andassoc.com Page 1 http://arcims.webgis.net/nclrowwVvrintable.asp?process=id 1 &x2=1600136.483&y2=7013... 2/10/2005 M Alcoa Power Generating Inc. Yadkin Division ALCOA Post Office Box 576 Badin, North Carolina 28009-0576 Application for Activity Permit for Reservoir and Shoreline Alteration (Excavation, Dredge, and Fill) Print ortype all irdbrn Lion below and return to APGI, Yadkin Division, P.O. Box 576, Ftighwnay 740, Bain, N.C. 28009 SECTION ONE - BACKGROUND INFORMATION (to be completed by the applicant) 2 Permanent MOO Address: a Local Address (if dilfererd):,_ 4. Telephone (Business): 5. Fax No. and E r nail (odional 6. Resw4l*.. 9. SubdiVision: 11. Lot No.: 13L Direchom to property 7. Towr>stdp: ?S I2Y ?? 8. County dR caLin 10. Sectlon: 12 Taos Map No.: provide us a 14 Is the dwmine akxg the pnperty described above designated as a'Figh Cull ral Probebilll?Lone' in Yadkin's Shoreline Management Plan (leave blank if you do not know): ? Yes ? No SECTION TION FOR RESERVOIR AND SHORELINE ALTERATION (attach the following to the application) 1. Mop ofthe resenroir area wherethe s cavakon is proposed -applicant must altadh a map ofthe area ofthe reservoir and adjoining shoreline property owned bythe appicantwhere eecava ion is proposed The map must clearly eoQuUthe area ofthe proposed eoacavailon and to what depth (contour elevation) the eccavaton is proposed. 2 Description ofthe planned excavation - applicant must atthclh a written description ofthe planned excrvatim including an estimate of the reservor bottom to be modified and the amount of material to be removed from the reservoir. 3. Plan for disposal of excavated rrreterial - applicant must attach a written description oftheir plans for disposing ofthe excavated sediment. No sediment may be disposed of Whin the FERC project boundary (655 foot contour), or on property owned or managed by Yadkin or Alcoa. 4. Resource impacts assessment- applicant must attach a brief wnl6en description ofthe pots impacts ofthe proposed excavation activity on surrounding reservoir resources, including impacts to weer quality and fish habitat Ifthere is any vegetation growing in or arc" the area of proposed emAVation, it should be noted and the areas ofvegetalim should be photographed, and photos included with application. 5. Schedule for conducting the proposed eaac oration - applicant must attach a wr tten schedule for completing the proposed ea wadon. 6. Agency Approvals - applicant must attach copies of wrtten concurrence wkh the proposed eracavedon ttom the todovuirg agencies (referto #MiXns fOr ApppfcatfbnkrAeftityPerrnflbrfiaeme?varand *E)CaovaGanj • U.S. Army Corps of Engineers --- • North Carolina Division of Mfater Quaky • North Carolina Department of Cultural Resources (required in'Figh Culhral Pmb y Zones") 7. Non-ref<mdable permitting flee - applicant must include a check or money order made payable to APGI, Yadkin DNision in the amount of $100.00 SECTION THREE (loo be I hereby apply fora petrnit to pmfacm the abmt-diesdibed shrnidw akwWon at High Rock Reseryw I agmeto abide by all applicable mgdmwkesds of 1 Yadkm'sShorelineMaregen ftPlan,thecmxW omoftheAcdvityPemotforRawvoirand,giaelhseAleri ion(Ewma *on Dreg, kindFr/Owdadher Yadim proeedbdmes acct mq meal u I also agree that no wodk will begin until I moeiwe anAc"P~ signed by Yadlm Date Page I of 2