HomeMy WebLinkAbout20040608 Ver 1_COMPLETE FILE_20040709
WETLANDS/401GROUP
..l6' r ^' Certificate of Completion JUL
1 ~ '1 -lAP -mr- . 0 9 2004
DWQ i>r.,ject No.: 101JJTl~NI".,l-1 &. ~ County: filc.. b C) ~ [)II~U IY SECTION
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Project Name: skb ,Il-G ~+-tb f\
Date of Issuance of 401 Water Quality Certification:
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Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. . It is not
necessary to send certificates from all of these.
Applicant's Certification
I, ~mec<-.. c. JD().)n8~<i , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such th~t the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality, Certification and Buffer Rules, the
approved plans and specifications, and 0 er supporting materials.
.~ Signature: Date: 7 {(p / ~ If
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date: .
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.:
Date:
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
April 21, 2004
DWQ# 04-0608
McDowell County
Mr. Homer C. Townsend
633 Kemp Road
Mooresville, NC, 28117
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Subject: Townsend Property, Lot 159
Dear Mr. Townsend
You have our approval, in accordance with the attached conditions, to place fill in 0.007 acre of waters at Lake James
in McDowell County, as you described in your application received by the Division of Water Quality on April 16, 2004. After
reviewing your application, we have decided that this work is covered by General Water Quality Certification Number 3373,
which can be viewed on our web site at httD://h20.enr.state.nc.us/ncwetlands. This Certification allows you to use .
Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba
River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not)imited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 permit 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 and the additional conditions listed below:
1. This project is for the installation of a rip rap bulkhead to prevent further erosion of the property due to wave action.
The use of mechanical equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be taken to keep all
equipment out of the reservoir;
3. All equipment must be clean and free of leaks. Should any fluid start to leak from equipment, that equipment shall
be immediately removed, and all pollutants shall be cleaned up;
4. A spill control plan shall be in place and on-site at all times during construction. Equipment needed to implement
the spill plan shall be readily available;
5. Rip-rap shall be clean, washed, natural stone;
6. Rip-rap installation shall not result in any net increase of land area;
7. If trees are removed from Zone 1 of the Catawba Buffer directly within the construction access corridor, 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;
..
N. C. Division of 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.uslncwetJands)
Customer Service #: ] -877-623-6748
Mr. Homer C. Townsend
April 21, 2004
Page 2 of 2
8. 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;
9. 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;
10. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
11. 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.
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 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 Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Kevin Barnett in DWQ's Asheville Regional Office at 828-296-4500 or Cyndi Karoly in the
Central Office at 919-733-9721. Questions regarding the Catawba Buffer Rules should be directed to Bob Zarzecki in
Raleigh at 919-733-9726.
s~~~
r AlanW. Klimek, P.E.
AWK/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
DWQ Asheville Regional Office
Central Files
File Copy
Sue Harmon, P.O. Box 234, Boiling Springs, NC, 28017
040608
"
DLt.X)i Cepcr
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
,..
0-4n6nQ
ftLE COpy
401 ISSUED
Name:
Mailing Address:
HOMER C. TOWNSEND
633 KEMP ROAD
_MOORESVILLE, NC 28117
704-662-0204 Fax Number:
WETLANDS /401 GROUP
APR 1 6 2004
WATER QUALITY
SECTION
L
Applicant Information
1.
Owner/ Applicant Information
Telephone Number:
E-mail Address:
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:
SUE HARMON
Company Affiliation: _PERMITS, ETC.
Mailing Address: _P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 704-434-0706 Fax Number:
E-mail Address:permitsetc@carolina.rr.com
IT. 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
\totY\er C. 16wnScnd
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: _McDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): THE ARBOR! PHASE VII LOT 159
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 70 EAST/ LEFT ON CEMETERY RD/
LEFT ON HIGH TRAIL DRfLOT ON LEFT SIDE OF THE ROAD
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT
3. Property size (acres): _0.93 ACRES
4. Nearest body of water (stream/river/sound/oceanllake): LAKE JAMES
5. Describe the purpose of the proposed work: _TO STABILIZE THE SHORELINE AND HELP
PREVENT EROSION BY APPLYING RIP-RAP TO THE APPROXIMATE 160 FEET SHORELINE.
THE RIP-RAP WILL BE APPROXIMATELY 6 FEET IN HEIGHT.
6.
List the type of equipment to be used to construct the project:
A BARGE, 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 160 FT. = 320 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:
NONE. 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): _NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
~l L ~ I ~lj)1:t) f .M/nIl~), f,~. {1pJUl /3. ~lJ{)1
Applica t/ Agent's Signature . Date'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Homer C. lOwnsend
1lL1kbor I U>-r /59
Lake (FuJI Pond)
A I:XiT8t Wi I ( be. u.sed -IVr +111S prQje-d.
Full Pond
ShO)lIne
l...oJ<w.:urd
r Jv' X lloO' R,' ~ ~
Homerlown5end
LD'~ 159 '.
Please aPproximately sketch the fonowing inft;>rmation 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 fin to be placed above the -Normal Pool. elevat~
3) Location or rip rap or fin to be placed below the "Norma! Pool. elevation
4) The locatioI'! of any proposed structures such as buildings) retainlng
walls, docks, etc.
5) The location of any excavation or dredging below the .Normal 'Pool"
elevation.
6) Location of construction access corridors.
\he. e.nhre. le.nglh ot tflt 6horeJ tne.) 11,,0 -Peel) will h(j.v~ riP" rap
o..p p l i edfn It. The ri p - ro.p w'd I be llff> r ox 11J'Ul.f-el~ t, fee./--
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- No eiflw p ment will be LtSea in tAe. buffer area..
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Homer TownSend
IheArM-1 Ph1~ 'if
Lot 159
-.
. ' ' to.
\-tomer C. ~wh5€1\d
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) ~_Q-l.L/lA--h ~ cr~
~ J '7&iN lfl<--el \
Date "'/ At I 0 y