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Home My WebLink About20050580 Ver 1_Complete File_20050406 -.I O"-bLlJ<j/'\ Yc. 0f \0.\7 - \, > '- - \::...._..--..:;;:-~") -j o ~'''_~'_-'':::--' """ ..~,:~'<<J~...J.."'::;;;;T .,~..::;;:> Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. r.E. Director Division of Water Quality April 25, 2005 DWQ Project # 05-0580 Jackson County Roy W. Davis, Jr. Post Office Box 7376 Asheville, NC 28802 Subject Property: Strawberry Hills I Lot #4 Glenville, NC 28736 Approvalof 401 Water Quality Certification with Additional Conditions Dear Mr. Davis: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 900 square feet of shoreline for the purpose of stabilization at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 11, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use Regional Permit(s) 198200079 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, Non-discharge, Stormwater and Buffer 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 2H .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: One C l' N.pXth am ma ,/vll!llrally 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/lnternet htlp:/lh2oenrstatenc us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper Page 2 of5 April 25, 2005: ~ 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 Plan Location or Reference Aoproved (Units) Shoreline 900 (square A feet) 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. - -..._, oil. Page 3 of5 April 25. 2005: 4 4. No Sediment & Erosion Control Measures win 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. Riprap Installation All banks shall be laid back at a 2:1 slope and riprap applied at the water !Iand interface (at full pool). Riprap shall be placed as a linear protective measure upon the regarded slopes. Stone used in stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall, nor a dry stack boulder wall. 7. Equipment Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 8. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before being discharged. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Page 4 of 5 April 25, 2005: ~ 9. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 10. 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. 11. 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 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 or locally delegated program has released the project. 12. Deed Restriction Deed Restriction or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to impacts to wetland, water and buffers located on the property. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h20.enr.state . n c. us/ncwetla nd s. 13. Property Access As Duke Power Company owns part, or all, of the property on which this stabilization activity will be taking place, or it is within the Federal Energy Regulatory Commission Project Boundary, this Water Quality Certification is only valid after the written authorization of Duke Power Company has been obtained through their permitting process, granting access to perform these stabilization activities on their property or within the Federal Energy Regulatory Commission Project Boundary. Failure to obtain the above written authorization from Duke Power Company, any stabilization I fill I dredging which takes place on Duke Power Company property will be considered a violation of the issue Water Quality Certification. Page 5 of5 April 25, 2005: ~ 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 in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, ~~0CI C. j:::-ci.U-tLLt~0. /c~( Alan W. Klimek, P.E. AWK/khb Enclosures: GC 3373 Certificate of Completion Guidelines to Riparian Buffer Restoration cc: Beth Mosteller Mountain Lake Permit Service 878 Mountain Cove Road Waynesville, NC 28786 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Filename: Davis.Jackson.GC3373.Approval MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: Barnett. Kevin ROQf~r Frlwrmis SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Roy \V Davis Jr Project Number 05 0580 Recvd From APP Received Date 4/6/05 Recvd By Region Project Type Shorclinc stabilization County Jackson County2 Region Ashcville Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index Stream Class Prim. Supp. Acres Basin Req. Feet Req. I GP30 I IOY @N 1 12-79-23-( 1) I WSIII/ I HQW 140,402. I I 1 I IOY ON I I r--I I I I MitiQation MitigationType Wetland Type Acres Feet r Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 351023 Longitude (ddmmss) 830746 Comments: Issued out of ARO - 04/22/2005 - KHB cc: Regional Office Central Office Page Number 1 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: Barnett. Kevin Rogp.r Frlwmrls SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Roy \V Davis Jr County Jackson Project Number 05 0580 County2 Recvd From APP Region Asheville Received Date 4/6/05 Recvd By Region Project Type Shoreline stabilization Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index Stream Class Acres Basin Req. Feet Req. Prim. Supp. 1 GP30 I IOY @N I 12-79-23-{ 1) 1 WSIII/ I HQW 140,402. 1 1 1 I IOY ON 1 I r--I 1 1 1 Miti~ation MitigationType Wetland Type Acres Feet r Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 351023 Longitude (ddmmss) 830746 Comments: Issued out of ARO - 04/22/2005 - KHB Awaiting ltr to fill in approved project details Dbase updated wi apprvl date only L Dennison cc: Regional Office Central Office Page Number 1 Triage Check List Kevin Barnett, Asheville Regional Office Project Name: Roy W. Davis, Jr. DWQ#: 05-0580 County: Jackson Date: 4/7/05 To: 60-day Processing Time: 4/6/05 to 6/4/05 F''' "}1 r-" 0'> ('~ '7, \\ u~ 1,' L I: t; U rJ 'V From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being. forwarded to your for your evaluation. Please call if you need assistance. . o Stream length impacted o Stream detennination Wetland detennination and distance to blue-line surface waters on USFW topo maps o Minimization/avoidance issues o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) o Pond fill O Mitigation Ratios Ditching o Are the stream and or wetland mitigation sites available and viable? o Check drawings for accuracy o Is the application consistent with pre-application meetings? Cumulative impact concern o o o 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 teclmical 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! 050580 ~,,~oulillmbillUa~{~ ~~rUlllD~ ~~Ift1HC~ PAYMEf'n RECEIVED BETH MOSTELLER 878 MOUNTAIN COVE ROAD WAYNESVILLE, NC 26786 TELEPHONE: 828/456-8195 North Carolina Division of Water Quality Attention: John Dorney 2321 Crabtree Boulevard Parkview building Raleigh, North Carolina 27604 r) 9 (-:-~ r-:--1 n '\'\:i '~i IW' p;', . . "./> I -' " \') I.... ,. \ /. , .-., '-" . . . ... 'I" }j --" "-' iJ t\PR G 2005 .. iC.....~ .~ ,'J~. ..~I.((~...) ..~'... 1.\ . iI', ,,"-..,. il~) n .<> l-/ iJ . . FAX: 828/456-6554 E-MAIL: DRBMOST@ASAPGROUP.COM April 4, 2005 \'.::I~'~ ~-,:,;.-.J~'~2,::, c.:; dL ('.' :::ii F H~. t n. '.~ ry [] U U Ii L" t-a tJ L!J D b Subject: Application for Shoreline Stabilization - Dry Stack Stone Boulder Wall Roy W. Davis, Jr. Mailing Address: P.O. Box 7376 Asheville, NC 28802 Property Address: Lake Glenville- Jackson County - North Carolina 484 Tacomi Trail West This Letter is a Summary of the Enclosed Application for Shoreline Stabilization. One original and seven copies = Total of eight enclosed 1. Letter from Duke Power - Nantahala Area Lake representative 2. Abbreviated Application Form - 401 Water Quality Certification 3. Check for $200.00 Application Fee 4. Agent Authorization Letter 5. Plat 6. Road Map 7. Directions 8. Pictures 9. Plan sketch (2) 10. Self addressed envelope with postage Cc: Duke Power Company - Charlotte, NC U. S. Army Corps of Engineers - Asheville, NC Mr. Dave McHenry - Mountain Region Coordinator - Waynesville, NC A Duke Energy Company Duke Power 526 South Church Strcct EO. Box 100(, C11Jllottc. NC 28201-IOOG ~ Duke rOPower@ March 15,2005 Mr. Roy W. Davis, Jr. P.O. Box 7376 Asheville, NC 28802 Subject: Dry Stack Stone Boulder Wall at Lake Glenville - ill 7563-19-0741 ID Mr. Davis: I understand that you are requesting an application to stabilize the shoreline in front of your property at Lake Glenville, on 484 Tacomi Trail West, ID 7563-19-0741, that adjoins Duke Power property. After looking at the property, I do not have a problem granting your request provided all current shoreline management guidelines are followed. Should you or your contractor have questions, please feel free to contact this office at (828) 369-4513 or by cell phone (828) 506-2449 ~ r--\~~ Dale R. Mosteller Duke Power Company Nantahala Area Lake Manager 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 'Vater Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I. Applicant Information I. Ownerl Applicant Information Name: Roy W. Davis. Jr. Mailing Address: P.O. Box 7376 Asheville. NC 28802 Telephone Number:828-258-299IFax Number:N/A E-mail Address: NI A 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: Beth Mosteller Company Affiliation: Mountain Lake Permit Service Mailing Address: 878 Mountain Cove Road Wavnesville. North Carolina 28786 Telephone Number: 828/456-8195 Fax Number: 828/456-6554 E-mail Address:drbmost@asapgroup.com 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 County: Jackson Nearest Town: Cashiers Subdivision name or site address (includc phase/lot number): N/ A I Lot 9, 10 Directions to site please include road numbers, landmarks, etc. (This is not necessary is an adequate vicinity map is included: From Sylva travel Highway 107, turn right onto North Norton Road, turn right onto Fenley Forest Trail, turn left onto 484 Tacomi Trail. 2. Describe the existing land use or condition of the site at the time of this application: Wooded, residential lake lot, with existing house. 3. Property size (acres): 3.18 4. Nearest body of water (stream/riverlsound/ocean/lake): Lake Glenville 5. Describe the purpose ofthe proposed work: To apply native stone 8 foot high and 200 foot long to help stabilize the shorcline and prevent furthcr erosion. 6. List the type of equipment to be used to construct the project: Rubber track-hoe, skid steer-rubber track, hand 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the nonnal pool lake level in square feet or acres: 3 feet x 300 feet = 900 feet 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: 3 feet x 300 feet + 8 feet x 50 feet = 1,300 square feet b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): No trees will need to be removed. Mulch will be applied to the disturbed area. g;i1~ -r?B:lh/J~ ~ :; ;2oo~':) Applicant/Agent's Signature Date . (Agent's signature is valid only if an authorization letter from the applicant is provided.) Personal Account Information Redacted MOUNTAIN LAKE PERMIT SERVICE BETH MOSTELLER 878 MOUNTAIN COVE ROAD WAYNESVILLE, NC 28786 TELEPHONE 828/456-81 95 Be FAX 828/456-6554 E-MAIL: DRBMOST@ASAPGROUP.COM To: North Carolina Division of Water Quality Subject: Agent Authorization Letter Lake Glenville Shoreline Stabilization I give Beth Mosteller of Mountain Lake Permit Service Authorization to sign as my agent on my application for shoreline stabilization. R~D~ Signature 3/30/05 Date -l Jackson County Real Estate Data Parcel Summary PIN # 7563-19-0741 Owner Account ID 0 Location Address Property Description LT 9,10 SR 1146 LT 9,10 SR 1146 ~ii.jJf.lti;JD[J:lmr.ltir.j]f!l~11~BI~nw[]~~~~[]~D Owner's Mailing Address PO BOX 7376 ASHEVILLE NC,28802 Property Description LT9,10SR1146 I I Property Owner DAVIS, ROY W JR I DAVIS, MADELINE IAdministratve Data i Acreage I Map Sheet I Plat Reference [' Census Tract City Boundary ! Township I' Fire District History ID 1 I History ID 2 Transfer Information 1.71 Per Deed 7563.01 Book/Page Deed Date 9508 Instrument Type · Revenue Stamp Hamburg Sale Price · Additional Ref. Assessed Value Land Value 0752/0356 Tot. Bldg. Value 1990-04-27 Tot. Out Bldg. · Val. . o . . . I" I I I -I- I ~ ~ rt ~ ~\ I\~ c " I I I _ ----L I ~-~ ..I. DUKE POWER DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease oflocating the proposed project site can have a big impact on pennit processing time. Please complete this form and return it along with your completed pernlit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 Applicant's Name: Roy W. Davis, Jr. Street Address (at lake): 484 Tacomi Trail West Type of Permit Requested "Circle": Property Section: N/ A Lot # Lot 9,10 Private Facility Commercial Facility ~(,'l"'lt;('\n hilizatio~ Conveyance Miscellaneous Uses Lake Name: Glenville Subdivision Name: NI A City: Glenville County: Jackson State: NC Zip: 28736 Telephone: 828-258-2991 Directions (from major road or highway): From Sylva travel Highway 107, turn right onto North Norton Road, turn right onto Fenley Forcst Trail, turn left onto 484 Tacomi Trail. Dcscriptivc Structure(s) on Property (i.c. brick garage, whitc fcncc, mobilc home, ctc): Single family dwclling *Note: Please use the back of this form if desired to draw us a map to the site. I I ~ J I I _J __ __J__ __ I lake (Full Pond) Full Pond Sho eline below full pond rip rap 3 ft x 30 ft above full pond ry s ac s one 3 ft x 300 ft Filter fabric between Surge stone 2 ft x 300 ft Pathway 8 ft x 50 ft Please approximately sketch the following information on this plan (please provide dimensions for each item, such as 10ft. x 100 ft): 1) All proposed vegetation clearing (provide dimensions) 2) 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 walls, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. . 800.00' · Above full pond, native stack stone boulder will be approximately 300 feet long and 8 feet high. The dimension of native stone boulders (will be approximately 2 feet high x 2 feet long x 2 feet wide). Below full pond 3 feet rip rap (Class B - 5'-15' s) Dry Stacl( Boulder Wall Riprap slope no grea~ 1 2 Dry Stack Boulder Wall 8 feet high - 3 feet wide - 300 feet Ion Full Lake Level Riprap (Class B - 5"-15"