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HomeMy WebLinkAbout20050552 Ver 1_Complete File_20050330p?o? W AT ?9QG D. I Mr. James Maher 118 Kelly ridge Drive Apex, NC, 27502 Subject Property: 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 April 5, 2005 DWQ Project # 05-0552 Franklin County Lot 2067 Lake Royale Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) Dear Mr. Maher: You have our approval, in accordance with the attached conditions and those listed below, to construct a jet ski ramp at 1139 Sagamore Drive (Lot 2067), Bunn, NC on Lake Royale as described in your application materials provided on March 30, 2005. The proposed work will involve no impacts to waters, wetlands, streams or buffers, except for the placement of pilings within waters adjacent to an existing bulkhead. Please note that if the U.S. Army Corps of Engineers requires the use of Nationwide Permit(s) 198200030 for the proposed work, then General Water Quality'Certification 3492 may be used without requiring written concurrence from the Division of Water Quality. This letter shall also act as notification of your compliance with the Tar-Pamlico River Buffer Protection Rules per 15A NCAC 2B .0259. The proposed jet ski ramp is considered a water-dependent structure and is allowable. 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. This Authorization 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 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 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 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. 150B. This letter completes the review of the Division of Water Quality under the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Cyndi Karoly at 919-733-9646 or Debbie Edwards at 919-733-9502. Sincerely, /? /1 f4 V Alan W. Klimek, P.E. 401 Oversight/ Express Permitting Unit 16501&1 Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet httpi//h2o.enr.state.nc.us/ncwetlands None Carolina Ntura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. James Maher Page 2 of 2 April 5, 2005 AWKlcbk cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 0505 52Maher(Franklin)40 1 +Buffer 050552 James Maher 118 Kellyridge Drive Apex, NC, 27502 i t rti Pre-Construction Notification Application Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Buffer Rule approval. Attention: Cyndi Karoly Find attached a copy of a Pre-Construction Notification application for approval. I am requesting written approval for a Buffer Ruling on the following project on Lake Royale, Bunn, NC. Buffer Rules approval is requested. Project Name: Ski Ramp & Dock on Lake Royale. Location: Lot 2067 1139 Sagamore Drive Lake Royale, Bunn, NC Thanks James 118 Kellyridge Drive A ex, NC, 27502 MAR 3 0 so ?0 v OS iTFR??,Cy PS: If there are questions please contact me: jameshm2 a yahoo.com Tel: 919-363-2920 home, 919-254-2152 work. L5 t:,:7 U V 19 MAR 1 8 2005 1 `7E D DENR-WATER QUALITY MM 0 ® 70Q5 "rn ANDSAw cjQRMW?TE IRAH2 Office Use Only: DENR - WAi f 0WJV?N'Vii May 2002 VOLANDS D S70 iri +TE j fJ+IvCH USACE Action ID No. DWQ No. a 2 SAT /A 11 1 ---------------- (11 any particular Acin is not appticaoie to utis project, picric cinci INUL t?t/tun avn "I -. -f 1. PI'ocessing 1. Check all of the approval(s) requested for this project- F-1 Section 404 Permit Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ation ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? IL Applicant Information 1. Owner/Applicant Information J7?L? Name: Mailing Address: f P Telephone Number: q/ 2 -.362 -292o Fat Number: E-mail Address: N t-)rnL^ s vY1 ? Veit h coo , C':5 <- 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the ovvner/appl i cant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fat Number: Page 5 of 12 III. Project Information 4. 8. 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. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than I1 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Z_ 2. T.I.P. Project Number or State Project Number (N CDOT Only): T b /?Kl? ?? y?GL 3. Property Identification Number (Tax PIN). J. Location County: I?lj? ?•U l? L?rG Nearest Town: Ca /V Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 1? . 7 7. Nearest body of water (stream/river/sound/ocean/lake): River Basin: " E L V L (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at http://112o.enr.state.nc.us/,idniin/mans/.) The 9. Describe the existing conditions on the site and general land use in the vicinity of the project _L, Jzt at the time of this application: Y?,S> icy' S ! L K,,6;?-d - Page 6of12 10. Describe the overall project in detail, including the type of equipment to be used: A I i ,+ I ., o i 1, , w.... a -1 v., v 4" -/-, ` A 11 4re? U cl ire-dcs in 11. IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. k V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: /ll 9 - 2. individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** ??j ?... .. a 1:.. ,1 ?,.• ., • ?1.•..,iZod rtr,.rinn eradinp. 1111• * List each impact separately and identity temporary impacts. lmpact5 I11L AUUG, uua 11.,. 1 • ••?? -- - -- - -- . excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through Ole FEMA Map Service Center at 1-800-358-9616, or online at httn:/hcww.fema.?ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact (li car feet) Stream Name** Average Width of Stream Before Impact Perennial or intermittent? ( leases eci ) Y 1' d i rt and associated rip-rap " List each impact separately and identify temporary impacts. Impacts include, but arc not mute to. cu vc s dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as tTF (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at wmvw.usL'sgov. Several interact sites also allow direct download and printing of USGS maps (e.g., www.topozmme.conm, www.nmapquest.conm, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identity temporary impacts. impacts include, but are not i mueu to: flooding, drainage, bulkheads, etc. 5. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stonnwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://li2o.enr.state.nc.us/ncwetlands/strm.gide.litml. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction.. Please attach a separate sheet if more space is needed. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://112o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): I Ii Amount of buffer mitigation requested (square feet): t Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) Yes ? No ? ?i - If yes, does the project require prepare trolina n of an environmental document pursuant to the requirements of the National or North Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether! a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as approll iate. Photographs may also be included at the applicant's discretion. :e, Will the project impact protected rip, is buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar- %yvu I co), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), oher (please identify )? Yes ? No ? Ianswered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Miti.uation 1 3 2 1.5 Total • Zone I extends out 30 feet perpendicular from near bank of channel: Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I I of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2 .0142 or.0260. 11 U XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls roposed in order to protect surface waters and wetlands downstream from tile propert 1 XIL Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? Is this an after-the- act permit application? Yes ? No ? XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 0,4 / .-/700 Appii ant/A;es>ils Signature Date (Agent's si', ature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 `. - HUU(CJS iJI'IYIc1F.J:--OUinir ivv -- NE ' NW - N • ? " 1 , smi ? PQL1705 ? ?'?? ,; 1r f HilliB Skmem ?? Eaanklinwn trouisburg ,St4ingSSrgissroads I Popes Cros§roads° 1' S6 Mapleyille jaylors Store ? 43 Grissom 401 r" Lancaster Crossroad 17!0 ° i 1 ALT 581 f • . G 1425 . Youngsuille . q argaret Mays Crossroads , `141 jNev7 light. "' { Roy 39 !' °Edwards .C ossr?oads 96 1 Sevep Ths -- u f b unts °Dan 1601 ;. stony .Hill t .1Vn1cL"Forest ttiarris Cro o , Nashvil- x ?-'"""?? ? ?, 4,? r• ? 98 ?" ~f MOrrie 64 y uttte?E?sonFlu E W rarcstsriUe- , ?? 16Q9 -Z ?. ti. i? Falls 8arh&n 4A ? 1603 °yfalkes'rassroad3-,Sutton 1717 as ur ;rl Lassiter 1001 , ss 231 -- S `L I S dy tros ---- - i' ?arJ?Ra oplc(n 1770 f f 1137 r+'-?a0yn s,Crossing d ?r MR&hell Mfill Rd GSlx rk Cross all floods Chapel hock Samaria rylNeiv,Hop 2320 Urrf?? ?MUr'raytnwn 1 97 58 --_? -? 6 Mount Pleasant 64 C- ssroa ds E1 Yrt m Cit 02001 MapQuestwnt Ina;02001 GQT, lnc \ SW - ---, c---? -? SE Location: K' Bunn, NC. US C?i r 700m ' El?cicfo ?{ ' ?, Qr pr _, l bap . Churd9t o_ f?ta ? 4? Iw .. J` S 1 ?? _ S_rw. V t r F \ ! It Ole Pi ar 41 CrS ? ? ?? 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