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Home My WebLink About20040610 Ver 1_COMPLETE FILE_20040411 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# 04-0610 Alexander County Mr. Brian T, Frye 1448 Lakeview Drive Lakeview, FL, 33461 APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Subject: Frye Property, Lot 19 Dear Mr. Frye You have our approval, in accordance with the attached conditions, to place fill in 0,01 acre of waters and ,01 acre of protected buffers at Lake Hickory in Alexander County, as you described in your application received by the Division of Water Quality on April 19, 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 htto://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 limited 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), (htto://h2o.enr,state,nc.uslncwetIands) Mr, Brian T. Frye 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 r,equired to return the attached Certification of Completion form to notify DWQ when all work included in the 401 CertiJ'ication 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 l~rosion 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 specifiedJn the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall bE1 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, ple~ase telephone Alan Johnson in DWQ's Mooresville Regional Office at 704-663-1699 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. Si~,~ r Alanw.Klimek~ AWK/cbk Attachments cc: Corps of En~lineers Asheville Regulatory Field Office DWQ Mooresville Regional Office Central Files File Copy Sue Harmon, P.O, Box 234, Boiling Springs, NC, 28017 040610 401 iSSUED 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: I. Applicant Information .0 4 0 6 1 (} WETLANDS /401 GROUP F1l E COpy APR I 92004 WATER QUALITY SECTION Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Owner/Applicant Information Name: Mailing Address: BRIAN T. FRYE 1448 LAKEVIEW DRIVE LAKE WORTH, FLORIDA 33461 561-719-8355 Fax Number: 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: 704-434-7100 E-mail Address:yermitsetc@carolina.rr.com ' 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 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. ''6 nan 1. rr~v 1. Location Coumy: __ALE~ER Nearest Town: TAYLORSVllLE 732 DAVIS COVE RD., Subdivision name or site address (include phase/lot number): T A YLORSVILLE, NC 28681 Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): __FROM HICKORY TAKE HWY 127N/ RIGHT ON CHIGGER RIDGE RD/ RIGHT ON DAVIS COVE RD/ LOT IS 3RD AFTER PASSING FIRST COVE 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): __0.40 ACRES 4. Nearest body of water (stream/river/sound/ocean/lake): __LAKE HICKORY 5. Describe the purpose of the proposed work: _TO STABILIZE THE SHORELINE AND PREVENT EROSION BY INSTALLING A BLOCK SEAWALL, APPROXIMATELY 153 FEET IN LENGTH, AND 3-4 FEET IN HEIGHT 6, List the type of equipment to be used to construct the project: A BOBCAT 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 153 FT. = 306 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: 4 FT. X 153 FT. + 8 FT. X 50 FT. = 612 FT. + 400 FT. = 1012 SQUARE FEET 8.b, Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted (number of trees for instance): FOUR TO SIX TREES MAY NEED TO BE REMOVED, THE DISTURBED AREA WILL HAVE MULCH APPLIED TO IT. ~UL }taJ1~ laW-flit, RAffI-1jJ" Or:-, Genil./lo, dmf- Applicant Agent's Signature ( I ') Da e ' (Agent's signature is valid only if an authorization letter from the applicant is provided,) Lake (Full Pond) Full Pond ShO~lIne Brian r Fr~e'~ j?>:ADavi5 Cove..~ 'lIIlp' rap U -toot if) Widrh) wi II be, pfcued \lnfront o.f blDcK WaJ I " ~e,l.L:(.l,rd < ;1 , XI I II E-- 4- 'x 153 Cleared - Above- PDnd ~ I U) i. :xJ't.. Con5t.1btt . 5D' lCu1d~li-rd ~r j ()..,n1 rr'J~ tot 19 Please aPproximately sketch the foUowing lnft?rmation on this plan (please provide dimensions for each item, such as 10 ft, x 100 ft): 1) All proposed vegetation clearing (provide dJrnensioM) ',', 2) Location of rip rap or fill to be placed above the wNormal Pool. elevat~ 3) Location of rip rap or fill to be placed below the "Normal Pool" elevation 4) The 10catJo!,,! of any proposed structures such as buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the -NormaJ 'Pool- elevation, 6) Location of construction access corridors. -me- sho re-I I fie- o-f+h r 5 lor b ~pro'il fl'l(,t}pJu 113 /1 /l-ear -M, J 5hore.\1 \\,e- - -(1' ., Appro)(.[ ~ /53- ..fe.e;h w,1I rnve, (L block LV oJ/ I n.5t-o.11e4 a.t 0 nc.J it, The, \'Ja.\ I will be, 3 - 1-/ -feet j 1\ heJ~lrJ, staJe,: I i'nth :: ClfJpro~. &5 fed 12>riAn 1: ff"'cJ 7 3" Da.~i s CDw.. f<<J ~~Ior$v; lie, Nc... ~r'fj .is Viewer C'J C'l (..) .~. ~ ~ '~stru,dt01'l f'athw~ g '""d.e )( DD' IM~ , .- Show a.ppro)(. ,53Ped bloc-I-( wcUl J 3 -4- tee.t- high \ t?s.... 'Rrp..reip (t focf i f1 widrh) wi /I , be pla<:-ed In-tront or blod< waJ ( ~ ~J,~, 50 I (htcuuoo 1<., pcll\().fI .~/,ttfer AfeB-- -t- ^ 1210 Hickory area, North Carolina, United States'Br\oY\ T, Fr ~ 1141. '127; , ' " . u....:1 /~~ .~~ ."j! 1209' 1140 1205 1208, . .' 1139' 'CuI.- 1200' '-1 1675 ( [':.1401 Omi 0,2 0.4 0,6 0.8 Copyright C> 1988.2001 Microsoft Corp. and/or its suppliers. All rights reserved. http://www.microsoftcomlstreets C> Copyright 2000 by Geographic Data Technology. Inc. All rights reserved. C> 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities e Her Majesty the Queen in Right of Canada. e Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd. 'flr\an \, ff~e.. 732 Davis Cove Rd, " I , . ~riCln T. f'r~~ 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) ~ /, ?-A"A/- Date '1- / J..- () t.(