HomeMy WebLinkAbout19950389 Ver 1_COMPLETE FILE_19950508State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
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May 9, 1995
Montgomery County
DEM Project # 95389
APPROVAL of 401 Water Quality Certification
Ms. Meriam Blake
Twin Harbor Property Owners Association
Property Manager
P.O. Box 828
Mt. Gilead, N.C. 27306
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Dear Ms. Blake:
You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose
of constructing a boat slip at your lot on Lake Tillery, as you described in your application dated
28 April 1995. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2674. This certification allows you to use General Permit Number
030 when it is issued by the Corps of Engineers.
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 and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
J Howard, Jr. P. .
®r]
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
95389.1tr
P.O. Box 29535, Rdeigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEM ID: l 15 W/ ACTION ID
401 IS UE
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
.Nationwide permits that require application for Section 401 certification
MINGTON DISTRI GINEER WATER QUALITY PLANNING
CO OF ENGINEE DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPAR NT O ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,°?
P.O. Box 1 AND NATURAL RESOURCES 2? A
WilOn 28402-1890 P.O. Box 29535 s?m? ??
A CE SAW E Raleigh, NC 27626-0535 F
T ephone (919) 251-4511 ATTN: MR. JOHN DORNEY?
Telephone (919) -733 0 83 q 3 3 - 1 `l 8 ` `n
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Twin Harbor Association, Inc.
2. Owners Address: P. 0. Box 828 Mt. Gilead, NC 27306
3. Owners Phone Number (Home):
(Work): 910-439-6129
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Meriam Blake, Property Manager
P 0 Box 828 Mt Gilead NC 27306
910-439-6129
5. Location of work (MUST ATTACH MAP). County: ule 4 toe me 14
Nearest Town or City: Mt. Gilead, NC 27306
Specific Location (Include road numbers, landmarks, etc.): 2. miles off NC Hwy 73 on Lillys Bridge Rd.
6. Name of Closest Stream/River. Lake Tillery
7. River Basin. PPP DAP
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO PC]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO J -]
If yes, explain.
10. Estimated total number of acres of watMof the U.S„ including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Draine
Floode
Excav,
Total I
Jam,.
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work: To lease boat slips to the owners of Twin Harbor Assoc. Inc.
14. `'State reasons why the applicant believes
taken to minimize wetland impacts.
this activity must be carried out in wetlands. Also, note measures
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critica
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO vN\Af
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? ??j_-e°.:er. &-a?g13t owns surrounding property
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date
T _.
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Twin Harbor
(IiD y
PROPERTY OWNERS ASSOCIATION IS
April 28, 1995 ?A°'T?tisoiF
?Fs
401 ISSUED
State of North Carolina
Department of Environment,
Health and Natural Resources
P. 0. Box 29535
Raleigh, NC 27626-0535
Att: John R. Dorney
Reference: DEM #95389 - Boat slip lease
In reference to your letter of April 21, 1995 concerning our submittal for a
404 permit for construction of a walkway for boat slips.
I'm sorry you could not understand the drawing. The area above the water is
uphill and we wish to have a 4' x 310' walkway out from the bank, over the
water with three walkways at different points from the bank to the walkway.
The slips to be post to pull between.
Phil Henley, Montgomery County building inspector requires us to stay 30 to
35' above the water before putting in a golf cart trail. We cannot disturb
the earth around the lake at all.
The total impact over the water will be 0.03 acres.
If any further information is needed, please let me know. Thank you.
Sincerely,
Meriam Blake
Property Manager
Twin Harbor Association, Inc.
Enc. 4
P.O. Box 828 • Mt. Gilead, NC 27306 • 919/439-6129
C P&L
Drawer 1037
Aberdeen. NC 28315
1? ?L -/,Jyys
Form No. 2=182
8/94
40 0 - 064 53 1 9
g. , #-
RE: CP&L's Approval for Erecting Facilities (Pier, One-Story Boathouse, Bulkhead/Riprap
Material) on CP&L's Property/Reservoir
Tillery Hydroelectric Development
Lot No. - 1 2 w ,? /J o . G c &04--t et i ?
MONTGOMERY/STANLY COUN Y
Dear Lessee:
CP&L's current Lease with you provides that you may erect and maintain a pier and a one-story
boathouse on the leased premises and the appropriate adjoining water of Lake Tillery. Likewise,
CP&L does not object to the installation of a bulkhead or riprap material for eroding shoreline
stabilization and erosion control purposes. You have described the improvements you plan to
construct on CP&L's property leased to you as follows:
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I ai. (ee X 3 1 J -f e? /? eec.o j10 3 / f b
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lA1, _ e Z',, SU,) Lea.-...0,;L -3 ?1 Af_ _ qa- S ei.??UJS Ue,r/1
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and have further identified such improvements by their locations and dimensions on the sketch
you prepared which is hereto attached.
NOTE: A pier and a one-story boathouse must be properly located relative to
adjoining owners' lots and their leased premises/water rights. Encroachments on
adjoining owners' leased premises or water rights that are not promptly relocated
after written notice to do so from CP&L will subject your Lease to possible
cancellation. For your additional information, you may not construct other
improvements/structures, i.e. roof overhangs, driveways, porches, decks, garages,
buildings, storage buildings, wells or septic tanks on CP&L's property leased to
You.
The United States Army Corps of Engineers has issued a regional General Permit covering this
type authorized work - a copy of which Permit is attached for your assistance and information.
Please be particularly aware of the requirement in paragraph 2.a. of said Permit (page 3) relative
to applying for and obtaining a Water Quality Certification from the North Carolina Division of
Environmental Management in accordance with Section 401 of the Clean Water Act.
You may use this letter as CP&L's permission in your applying for a building permit from the
appropriate Montgomery County Inspection Office/Stanly County Planning Department to
construct the specific facilities set forth above and in applying for the appropriate certification
from the State.
With best wishes for the safe recreational enjoyment of your facilities and Lake Tillery.
Sincerely,
,vtly?,c \ ?--a-?-,,-
Jimmy C. Chisholm
Senior Land Agent
c: Montgomery County Inspection Office
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 21, 1995
Ms. Meriam Blake
Property Manager
Twin Harbor Association, Inc.
P.O. Box 828
Mt. Gilead, N.C. 27306
Dear Ms. Blake:
Re: Boat slip lease
Montgomery County
DEM # 95389
?EHNF=1
401 ISL
flC E ?;;
The Division of Environmental Management has reviewed your submittal for a 404
permit for construction of a walkway for boat slips, Montgomery County. Your application
was not complete since maps and description of you project is not precise enough for us to
understand whether waters or wetlands will be filled. Please provide information regarding
the extent of your project. This information is needed by DEM in order for us to decide
whether this project is practicable.
I can be reached at 733-1786 if you have any question. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project
on hold.
Sincerely,
C 04?6
JJoh:n R. Dorney
Water Quality Certi ZIction Program
95389.hld
cc: Fayetteville DEM Regional Office
Wilmington District of Corps of Engineers
Wilmington Field Office Corps of Engineers
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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