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HomeMy WebLinkAbout20040099 Ver 1_COMPLETE FILE_200401270 W ATFR Q ?w?vy -I 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 Coleen H. Sullins, Deputy Director Division of Water Quality March 1, 2004 DWQ# 04-0099 Gaston County Mr. Brett Wagner 111 Nims Springs Dr. Fort Mill, SC 29715 Subject Property: WoodBay Development, Lot 43 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with Additional Conditions Dear Mr. Wagner: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of protected riparian buffers for the purpose of constructing a seawall along approximately 100 linear feet of shoreline on Lake Wylie, as described in your application received on January 27, 2004. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use the U.S. Army Corps of Engineers (USACOE) Regional Permit No. 198200030 when issued. This letter also serves: as your-approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0243. Please note that you should get any other federal, state or local permits before proceeding with your project 'Mcluding those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and, Water Supply Watershed regulations. This Certification will expire when the associated 404 permit issued by the USACOE expires 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the additional conditions listed below: 1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)). 2. No trees are to be removed (unless approved) from the buffer, and impacts to the ground cover shall be kept to a minimum during the construction of the seawall. 3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed "Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit. 4 1KT One N Carolina i CDE°R NatX11711,Y A Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Page 2 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 1506 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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, Alan W. Klimek, P.E. AJ/ai Attachments cc: Corpslof Engineers Asheville Regulatory Field Office Duke- Power lake Management Wetlands `Unit- Cyndi Karoly Central Files File Copy MEMORANDUM TO: John Dorney Regional Contact: Alan Johnson Non-Discharge Branch WO Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Brett Wagner Project Number 04 0099 Recvd From APP Received Date 1/27/04 Recvd By Region Project Type shoreline stablization County Gaston County2 Region Mooresville Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. GP 37) ?xater ?r OO 1 _0N F__ 11-1 117 Wsty FT CA F0.732. 0.01 100.00 F_ F C'1311 13uftcrs OO 1' O ?' ????? 30.?3?'. 0:01 ?- ?:?? 7---F-PT ON F F__F_I( F_F_F_ F_ Mitigation Wetland MitigationType Type Acres Feet 3 Is Wetland Rating Sheet Attached? 0 Y 09 N Did you request more info? 0 Y (0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation:0 Issue 0 Issue/COnd 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) cc: Regional Office Central Office Page Number 1 MEMORANDUM TO: John Dorney Regional Contact: Alan Johnson Non-Discharge Branch WO Supervisor: 13ex ileason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Brett Wagner Project Number 04 0099 Recvd From APP Received Date 1/27/04 ;Recvd By Region Project Type shoreline stablization County Gaston County2 Region Mooresville Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. GP 30 ,77,Tr &i O Y O N F_ l 17117) ws B & CA 30,832. 0.01 100.00 F- .F- K,;7 1l 13uflers ON 0.01 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? DQ Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) cc: Regional Office Central Office Page Number 1 DUKE POWER LAKE MANAGEMENT, EC12-Q?? y P O BOX 1006 f> A CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA Cop,, , 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. I. Applicant Information A. B. C. 1401 II. Location of Proposed Project JAIL 2 A. Lake i 2o?/Q B. Street Address 13 y r C. Count / . D. City, town community or landmark E. Section Lot # . !? 3.. _ Subdivision e@ F. Directions to property byroad e yt C A.-, G. Latitude and longitude for the project site H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the -: Sii , exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found ui: AW2_ _www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Latll ong", click map) III. Description of Project A. Length of wall 146 4?t A B. Material i - s ?1' (lktat C. Distance from p perry Ii e/shoreline IV. Intended Use of Project Area A Private B. ommercial Date V. Applicant Signature ?a?? PLEASE NOTE THE FOLLOWING: A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: USARMY CORPS OF ENGINEERS, ISI 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 DIVISION OF WATER QUALITY ATTENTION. JOHN DORNEY PARKVIEW BLDG., 2321 CRABTREE BLVD. RALEIGH, NC 27604 919-733-1786 04009.9 to 1(+'02ssh 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 - I. Applicant Information 1. Owner/Applicant Information Mailing Telephone Number. E-mail Address-_J WETLANDS 1401 GROUP JAN 2 7 2004 Fax WATER QUALITY SECTION 2. Agent information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the ownerlapplicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: 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 Fax Number: r your project. Also, seethe 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 ??l© f County:._? sOv? Nearest Town: Subdivision name or site address (include phaseAot number. ?a y 6' awe /ot Directions to site please include mad numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the use or condition of the si?ttepp at /the of this 3. Property size (acres): d GJ"t? .c 4. Nearest body of water (streamtriverlsounwoceannaKo): I'd K-0 I/ II j J ? \ va! 5. Describe the purpose of the proposed work: ?QA r LI z?` .SnU`?f lh P i 6. List the type of equipment to be used to construct the project: 7. Amount of impact (including all excavation, backfill, rip rap etaining wails, etc.) below the normal pool lake level in square feet or acre . .SD 8 ?f 8. a. Amount of impact (including all retaining walls, etc.) above the normal square feet or acres: S'lSd clearing, back fill, excavation, rip rap, pool lake level and 50 feet land-ward in b. Please describe vegetation above the normal pool lake level an 50 feet land- rott?? 7?7`P? ward to be impacted (number of trees for instance): 5- 1 gent's Signature v Date signature is valid only if an authorization letter from the applicant is provided) )CI I` Please approximately-sketch the following information on this .plan (Tease provide Onensions for each item, such as 10 ft. x 100 ft): 4) An proposed vegetation clearing (provide dimensions). .2) Location of dp rap or fill to be placed above the Full Pond-elevation 3) Location of rip rap or fdi to be placed below the - Full Pond elevation 4) The location of any` proposed structures such as buildings, retaining wags, docks, etc. 6) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. To reach The Landing from Charlotte, follow Highway 49 South three miles past the Buster Boyd Bridge. Take a right onto Route 274. The entrance to The Landing will be on the right. To reach Woodland Bay from Charlotte, take 1-85 South to exit 26 (Belmont Abbey College exit). Take a right at the end of the exit ramp onto Main Street and follow Main Street through downtown Belmont for about five miles. Take a left onto New Hope Road/Hwy. q9. The entrance to Woodland Bay is about three miles on the left. CRESCENT CC www.thelandini-crescent.com www.woodiandbay-crescent.com to Equal Housing Opportunity. The Landing and wood and Bay we mmunitles by Cr"t Communltles. Crescent ContOW Les is a trademark of Crescent Remu m, U.C. Floor ptens and MndMW may very in detati. We resem the rW4 to alter home spedflcatlons arul prices without obligation. ?.c Yx h A 9?. ?j' rsa . m: Q m. MEs °n? 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