Loading...
HomeMy WebLinkAbout20042020 Ver 1_Complete File_20041220?O f W A TF?Q Michael F. Easley, Governor G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources { Alan W. Klimek, P.E. Director Division of Water Quality January 18, 2005 DWQ Project # 04-2020 Hyde County Mr. Frank Taylor Alligator Lake Hunt Club, LLC P.O. Box 641 Ayden, NC, 28513 Subject Property: Alligator Lake Hunt Club Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Taylor: You: have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.10 acres of wetlands for the purpose of site elevation to construct a hunt club at the subject property, as described within your, application received by the N.C. Division of Water Quality (DWQ) on December 20, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18 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 other 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 NCB C 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: Amount Approved (Units) Plan Location or Reference 404/CAMA Wetlands 0.10 (acres) PCN form 401 Wetlands Cer#fication Unit 1650 lvbil Service,Center, Ralegh, North Carolina 27699-1650 2321 Crabtree levard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733- ,786 / FAX 919-733-6893 / Internet: httpJ/h2o.enr.state.nc.us/newetiands Gall=meal OnmrfimHvIAffim fiua Orfim r-mninvar_ W1. Ramr4arIMAN. Pncf r.nnClmla_r Panar W% Caro ' a turn Mr. Frank Taylor Page 2 of 3 January 18, 2005 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. 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. 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. a Mr. Frank Taylor Page 3 of 3 January 18, 2005 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 Tom Steffens in the DWQ Washington Regional Office at (252) 946-6481. Sincerely, ;?'? AYm W. Klimek, P.E. AWrlcbk Enclosures: GC 3402 Certificate of Completion cc: Bobby Armstrong, P.O. Box 96, Pantego, NC, 27860 USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 042020Alligator(Hyde)401 { cc, 1101612- DEC 9. 0 2004 FILE COPY tie rz wen,ar?siuros?er v?? USAM Ae ID Nx DWQ N NO. 2020 Uf =,v pwfiWwitem 4 not W0$=bkto his pwjcd, *moo= AN or *NV.} L 1. Cbeck W of dw appvvaO) r"waNd Aw dds M?M PA'YAIE won 404 knit R' or Vf d Rotes Buffir T Section to Feru* Q Waled Wetland Pamit from DWQ RECEIVED f" 401 watsr Qmft ccatmework IL NationwW It*onat er Gemst Pem k I3nm**&) Rwaeftd.- P -- I 3. If this notificatkm is solely a courtasy copy becaaua wry ap mval for the 441 C.etificatioa is"required, check hero- 0 4, If payment into the North CwWina Wetlands Restoration PmWm (NCWItP) is proposed for mffipdm of invacts (verify availeb ay with NCWRP p to ukmdW of PCN), comgleie secdon VIII and check here: 0 5. If your project is kmW is any of North CardWs twa ty cam counties {listed on page 41 and the project is within s 2 or* Carolina Division of Coastrtt ? Area of Fits W Cow (sea the trap of page 2 for hadw d )? check here: A"MemHohn"m 1. Q rlApplicant Inftmation_ T? Nom: - Fax Ntur: E- mail Ad?+ess` 2. Agmtl nm t lubawtim (A S wd dated 9f Ag Au&mizofim Wow must he Mat)ed if the Aged has *patory authority for the aw fappi ) complay ALiIEeY A Fan r sofm i Prat Ishmadw Attach a viahtlty map ckarly dowing the location of ibe property with respect to taut 1 WWMNU:such as tarovn8, *am and roads. Also, provide a detailed site plan *owing property bounilarm and davok*cand ptaus is relation to aurrouning propettka. Batt dw vwnuty and site plan mud include a =We and north arrow. Tim spaAfic fixipints of nit brit kqM impervious sur i drother 6 Milk be included. H paw, the nips and pis sitottld inch& titer WPKPuft l ToporapI& Quad l and N " Surmy wft the property boundaries oufte& Plan *Awngs, or a&ar maps my be to uded at the apps dbachon, ao IOM as tbe PK)PMY b deaft Alfi-I 14. F(w .b and IM I dr pmposm die ti CE rapdres bftindion to be submitted on daft no larger then 11 by 17-inch bfma; hdowever, DWQ my acc%* pWwwoe of say sip DWQ prefers fadt-tee co on drawings rather then a segotential shed version of the fit-ain plans. If fidt 4*= plans we mcduced taoa. anall scale su& *9 the fit version is iUgp* a, the applicant will be i*tftined that the ice. bas been piawd as told =0 de?p? ate 1. oferoicat: \ t of 1 ?-?? O-Xt- %`ln 2. TIP. ft*d Numba at PmlatN=*er (NG'WT r . grimy Idoodfic4on N ee(TaxPIl : 4. Leculke Newest Subdrvmm nun ? phasalot n umbw);? pi vdions to (ire toed ?, lamimaIM 5. Site caardaufts,, if available (UIU cr Le*lt awg}; (Note - Uproject is linear, such as a wed at utiihy line, adwh a shoat that a*atutety lists the Owdinaft for cub anift ©€a weterbtdy.) & Property" 7. Needs body S. .hives Basin: `(Note - Ihis RRiverBasin did mayor river basins. The . Via" on ibe site and g? land on in trio vicinity of die PWjW at rite dme ofddsqWficafiou; LkNdeme ?cpw •? t i?. .tza 6 cif 12 I. I i ? ( (. Explak 6e pwpoeG+ f6c - Walk TV. prior projodjbkw- 7 Pitied have how aqwmad sWa obbimd Aw ( A prim fires of ft so= SANNVWINQ in ft pak pkm empbbL i chddds r. vmm Wood or wi&** m, Pmvida phftwo s of ptw;m iy isswd pcm3i% ouffficsUaw of oar . Demn*W pw%u* appmvW w , Ord buffiriqu, alwg w min (wimm qpfic"j if thin is a NCXW p? fin ftd dftm%e paralb bmwd pffor ngmft of &* s TIP. pfojad, akmg wlA my f wM nQua m**W fir thig per? Ifam domedibe &a =Wgobd wok Pop ?of 12 t. ## rdaie- ? --- - I hl&vwoauy no %VMM below. Via? Tob - mm?sa ?oaioeae?r rm mpm amok awamax Now W. ra a& ?3ae?.+M?.? ?a?rarNr?is:?oloair6??lrolriatto?aa?ie?rib9?tCBa?. -TMdAMSe -Ml L 11 Ill ftq"Itbln T?WefWW I bWo It SMMNMW* 6 ofp4gc x afi2 4. Individually list all open water impacts (including takes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number ? on in ' map) Type of Impact Area of Im i? (acres) Name p Waterbody (if applicable) Type of waterbody (lake, pond, estuary, sound, , ocean, dc. ' List each impao se parately and identify temnore rv imnaeLc_ Imneac 1'"A11 iP h..t }*PP ..ne 1;., .;*-4 *..• all tkwding, drainaM bulfdwads, 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 lication. 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 stormwater 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 followAd during construction to reduce impacts. .. ?i bnn u? _ VIII Mitigatio>! 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, 2010, 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 ho://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. 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/ map, if of)'site), 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. On ?-nAe. "ems( Vn*1C,,n CA t rgoCe. CUr\-sF 4-vc-k; nn 2. 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:/lh2o.enrstate.nc.us/wra/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): Amount of buffer mitigation requested (square feet): 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 i IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 1 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina 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 1Z 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 X. Proposed impacts on Riparian and Watershed Buffers (required W by DQ) 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 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 appropriate. Photographs may also be included at the applicant's; discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No ? If you answered "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 buffet multipliers, Zone* Impao Multiplier Required M Mitization 1 3 2 1.5 Total s 3-- , additional 24 feet from the PWFG1* VA1MF UUM tam' uanK of manner;, Lone Z extends an edge of Zone 1. Page 11 of 12 !f 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 2B .0242 or .0260. X1. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the p% y0 cam- v o:.ts rlcrnastZr t'a dl o X11. 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 of DWQ Wetland! Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No 5 Is this an after-dwfact 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). Applicautt is Signature Date (Agents signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 acj.Lv i-9vd4 14:43 I' 1ltC-1 '1 2004 02 27 25274 p 68327 FRANK TAYLOR . , i H 0%MMCTR0NG r I NC. 252 443 3300 8016Y Am" VVM ' ? 1??' p?nadt aRAlioatao?. Ammom% Inc to be my mdodW agM to Stl aat ??3?: ? nee --- 4r ft""` tw+eco PAGE 01/81 P. es i ?a WE ATA CMAAT gam. gmu _Cmp_ ao ass Kam cs Glr25'3w 1162132• 141.00 s+s."a• nW"Ouw CR 020' 12"UP W7.000 2".83• M&3q, NIf't!C#WV ow Walla MAP' U6.411 232' SW23*f" i \414'4. P? MOM it nom y? 36.380 AC 45' tfMP AkP* PI =30 OFIPW ONTEMt.IM To P2OMM I.iME) '? • =01 N MIt A?49 Poll UM MOO OF SP 2903. _ wiR $ 8 _ 0? fir ? ? ?;/ ?• ???,. ? r W 8 ? ? s t2?o . oo • S 1313 ? ° ft? ? ? ?? ? - $ n '?? 8 all ,At a :! w e a ti1? 'gyp ,?' ? ,?` ?' . 40- At sZ 4-'-.+ '? $ ^i a, tool a n '? . a? torL ire 5©.138 C. 3 N A 2207 @4 + COINER tM LAKE KNOB' SEll •+. 53?-f16'?a-e 2.32. S! Page 1 of 1 YAH004 New Lake 6 r? 1.0!m O..Fi m i Yahoo! ^a 02' 3 GDT ^c Pb aR See c?.-?LaCn O-d t?\C ?bC d?? 0 t 15 http://irfage.maps.yahoo.com/mapimage?MAPData=SCCMijvhyzy 1 0818iEdYZ`'011 KXgu.Eyp2sgpDX... 12/13/2004 Page 1 of 1 .`'a• A+? rte AN W" err a • t •- ? r r?l X-1 fit - at - r , r ., " ? ? rat y 441 -is xA- 'T "A A 4A VV 3 2i -- gyp! 40 A .00 W-W-"4001 _ ?? a • ? t 4 All mm 40 ba?n(A(QA http://www.mapcard.com/tmp/74997.jpg 12/13/2004 ' raw COVA D D NYtkgd Iftw" C OWA 6 NOW* of" r ? 5. t ? `? ? - r a7Vw"?' {+ IlYblr _ y `rw St JDMns &"Wei Pt r. ' ow tale .K t, ? ? SniOV+?I ? 1? - - -'. - r: _ ylDildn Aca 3 r O Al +.s sxr PAR low sum D • t,r.?.. =. . hi It Ps* elf ON fiord GoWd a t ?? IJ E A O R * Dgt.,? '.. . sue' 'f°_. °?"' s t 3 w ri?NDrID s`? -BlaArru? __ ? - • .:' Low POW all" I Sai1Mr ?t `-Yp?IMt+rs - CWAW ,h n.erlpe! AM M -.j... IdDlalt AMW gym 4 ONO i _ ter, a ? _ f aqe #. ,C T E R E 4aYM1/da•Md ?jlylf tIMn1CIwR - ...) V) • "s? Y _ a -11.1 Tae 78111 8:15 9M i(11C,?1=14 males ?; ,:: -- Noon 1-115 30 3:00 4-iS ii Rl- 4, an an 915 91.5 (VA 0) 1 N ' New Tl_a?,e- mpzbw cxea o b e 9 tied in. LCA ?a { iAe.tsa Lom F0-cm SID 5R vb 3 ARMSTRONG, INC. 9391 Division of Water Quaility 12/14/2004 481-=Wetlands Permit 2 D zftz?O D DEC 2 2004 ?ANSiQAUALlry fiftof Southern Bank A"o Permit - Frank Taylor 200.00