HomeMy WebLinkAbout20051508 Ver 1_Complete File_20050808??F WATERQ Michael F. Easley, Governor
o G William G. Ross Jr., Secretary
65 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 18, 2005
DWQ Project # 05-1508
Burke County
Russell D. Hennessy
15 Brasswood Road
St. James, NY 11780 (? M
Subject Property: SouthPointe / Phase 2 / Lots 134 D `"'??0 V
5116 Sherbourne Court, Morganton, NC 28655 D
AUG 3 .l 2005
Approval of 401 Water Quality Certification with Additional Conditi?SDMEO R- TT?A?RBTMRANCH
Dear Mr. Hennessy: ???W
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 400 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 August 8, 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) 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, Non-discharge, 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 that you described in your application. If you change
your project beyond the scope of this authorization, 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:
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:
Non`thCarolina
401 Wetlands Certification Unit Natural!;
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Russell D. Hennessey
Page 2 of 4
August 17, 2005
Amount Approved
Units Plan Location or Reference
Shoreline 400 (square feet A
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.
W
Russell D. Hennessey
Page 3 of 4
August 17, 2005
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 / land
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. Equipment
7. Heavy 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.
9. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
Russell D. Hennessey
Page 4 of 5
August 17, 2005
10. Turbidity Standard
The turbidity standard of 25 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.
11. 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.
10. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. 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.
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.
Russell D. Hennessey
Page 5 of 5
August 17, 2005
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 Mr. Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. Barnett(a-)-ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3373
Certificate of Completion
cc: Sue Harmon,
Permits Etc.
Post Office Box 234
Boiling Springs, NC 28017
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-1508. Hen nessey.WQ3373.Approval
Triage Check List
., s{.."
Date: 08/10/05
Project Name: Russell Hennesey
DWQ #:05-1508
County: Burke
To:
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 8/8/05 to 10/6/05
From: Cyndi Karoly Telephone: (919) 733-9721
The file attached is being forwarded to you 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 (Neuse, 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!
I
20()171?08
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.
?N II+ ? ? ? ? r.
Applications should be sent to: F I 'TTY
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L
ST. JAMES, NY 11780
2
Applicant Information
Owner/Applicant Information
Name:
Mailing Address
Telephone Number: _631-584-9242 Fax Number:
E-mail Address:
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:
?D
AU D
8 2005
DEIVR
AND QUAL17Y
RSTORMWATE,qgWCH
MR. RUSSELL D. HENNESSY
15 BRASSWOOD ROAD
MRS. SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706 Fax Number: 704-434-7100
E-mail Address: _permitsetc@carolina.rr.com
111. 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.
?u Sse I I D. -?enne.SSU
Location
County: _BURKE Nearest Town:
Subdivision name or site address (include phase/lot number):
(5116 SHERBOURNE CT., MORGANTON, NC 28655)_
_MORGANTON
SOUTHPOINTE / PH. 2 / LOT 134
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): -FROM MORGANTON TAKE HWY 126 WEST / TL ON SOUTH-
PORS TE DR. / TR ON SHERBOURNE COURT TO THE END
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT.
3. Property size (acres): 0.97 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE 200 FEET OF THE ERODING
BANK ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. THE RIPRAP WILL
BE 5-6 FEET IN HEIGHT. THE BANK WILL BE SLOPED TO ALLOW THE RIPRAP TO HOLD.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 200 FT. = 400 SQUARE 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:
5 FT. X 200 FT. = 1,000 SQUARE FEET (A CONSTRUCTION PATHWAY WILL NOT BE
NEEDED SINCE A BARGE WILL BE USED.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): FIVE TREES GREATER THAN 6 INCHES IN
DIAMETER AND TEN TREES LESS THAN 6 INCHES IN DIAMETER WILL BE
REMOVED FOR THIS PROJECT. THEY WILL BE REPLACED USING THE GUIDELINES
OF THE BURKE COUNTY SHORELINE PROTECTION ORDINANCE. ANY REMAINING
DISTURBED AREA WILL HAVE MULCH APPLIED TO IT
Applicant/Agent's Signature ' ( Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
..
_..........
VR sell D. ?cnnr;ssu
SuARinfie 14-314f 134
?r n NG a-USS
Lake (Full Pond)
Full Pond
Shoreline
Propched Pier
SoufNlPoi nk
Lot 134
4
(Ro Consfructi'on IIAU"
nmes5Ci,r9 )
laax ,W'ard
-2'X ':w, Ri r
5` x aoo Clear?d .
Above Fu I i Poo 1
Please aPproximatety sketch the following Information on this plan
(please provide dimensions for each item such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2 Location of rip rap or fill to be plACed above the "Normal Pool" elelevat evation
3) Location of rip rap or fill to be placed below the Normal Po
a) The IocaUon of any proposed structures such as buildings, retaining
walls docks, etc.
5) The location of any excavation or dridging below the `Normal'Pool"
elevation,
6) Location of construction access corridors,
Theo in to above opplies to Maps 1 thru 5
d Sou dnte - ose 2) - - --- --- T (125)
?u5sell ?}enne55 5?ale` l 10c)
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South Poinl?? jPh, A /tcf 134-
Morcinfon, NC d- n55
Lake James a7
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- '; -Show .riprap... Q.-7 .
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L423
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- Projec+ will be done by hargv L410 L4 ? L415 L426
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Building Setbacks along Lake James L430
50' & 40' Public Road
30' Front Setback from
Road Right of Way. ??
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Morganton, NC 28555
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To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date D'1?? s o'er
Russell Hennessy
SouthPointe
Phase 2 / Lot 134
I
y
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH 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
A. Name RUSSELL D. HENNESSY
B. Mailing Address 15 BRASSWOOD ROAD, ST. JAMES, NY 11780
C. Telephone: 631-584-9242
11 Location of Proposed Project
A. Lake LAKE JAMES
B. Street Address 5116 SHERBOURNE CT., MORGANTON, NC 28655
C. CountyBURKE
D. City, town, community or landmark MORGANTON
E. Section PHASE 2 Lot # _134_ Subdivision -SOUTH POINTE
F. Directions to property by road -FROM MORGANTON TAKE HWY 126 WEST / TL ON SOUTH POINTE
DR / TR ON SHERBOURNE CT. TO THE END
G. Latitude and longitude for the project site -LATITUDE 35.76060 LONGITUDE -81.83617
H. 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 internet site,
www.mansonus.com.
HL Description of Project
A. Length of wall a d(J LINEAR FEET
B. Material RIPRAP
C. Distance from property line/shoreline-WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A. Private YES
B. Commercial
V. Applicant Signature Ut Date O 1 .?S oS
Agent Signature e" Phone '104 - 4 4 - C' M Fax - - `1 too
'Fe x ri t5, Efc
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 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 DMSION OF WATER QUALITY
ATTENTION: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
07/21/05ssb