HomeMy WebLinkAbout20040797 Ver 1_COMPLETE FILE_20070828
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Certificate of Completion
DWQProjectNo.: ()f-()791
Applicant: ~;t '1/, ; -" /h1./JI )~0>>J AJ?
ProjectName: CIif/r?11 C'tJ ~/ / 10/=*,2/ ~d~/i~ 23
71J:~ d/; f ,;J!JOj
County: 70/J'71mI(j tfJ/t!VU
Date of Issuance of 401 Water Quality Certification:
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 c~rtificate to the 401/WetIands Unit, North
CatolinaDivision of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This fOrnl 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, ,di/~./ ,~ j!JhIJ/Yy1-f ' hereby state thilt, 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 th. e 40 1 Water Qualio/\ Certification an~. pJ;er Rule~ the
approved plans lllld ~PecifiCatiOOS.. and other supporting materials.:" . _ ~ l.S@ rnl u W rnl @
Signature: ,!ilia --' ~~tJ7ho/ Date: (- Lf~().s JAN 0 6 2005
'Agent's Certification
DENR . WATER QUALITY
WETWJDS AND STORMIVATER BRANCH
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 40 1 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.:
Date:
O~~~WAil2''90c.
ii5lUQ)'7
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_ C=:-~. ,~_......-i
0-'''' "'\
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
Colecn H. Sullins, Deputy Director
Division of Water Quality
May 26, 2004
Montgomery County
DWQ Project #: 04-0797
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Billie Ann Thomas
4394 Wrightman Church Road
Polkton, NC 28135
Subject Property: Green Gap Trail, Lot# 2, Section B
Dear Mr. Thomas:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.0002 acres of waters on Lake Tillery for the purpose of
installing a bulkhead to stabilize the shoreline, as described within your application dated May 12,
2004. After reviewing your application, we have decided that this fill is covered by Nationwide Water
Quality Certification Number 3373, which may be viewed on our web site at
http://h20.enr.state.nc.us/ncwetlands.This certification allows you to use General Permit Number
198200030 when the Corps of Engineers issues it. 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. This
approval will expire when the accompanying 404 or CAl\'1A 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 except as
modified below. 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 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
...",VA
t~1/,U,
~CDETh1
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Dlvd., Raleigh, NC 27604-2260 (Location)
(919) 733.1786 (phone), 919-733-6893 (fax), (http://h2o.cnr.state.nc.us/ncwcllands
Page 2
Mr. Thomas
May 26, 2004
2. This project is for the installation of a bulkhead to prevent further erosion of the property due
to wave action. The use of mechanical equipment on the beach must be minimized.
3. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 askfor 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 John Dorney at 919-733-9646 or Ken Averitt of our
Fayetteville Regional Office at 910-486-1541.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
File copy
Central Files
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Office Use Only:
Fonn Version October 200 J
USACE Action ID No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
~Section 404 Permit
o Section 10 Permit
[M101 Water Quality Certification
o Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
/9fr''JOOtJ36
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: 0
1. Ownerl Applicant Inform;' on
Name: /3;1 /;e- V'\ ~om/LS
Mailing Address: 43 q I ht-mA-N ~hL1.lCclt./ Rr(
Po I ktt.JN ,1\/ (!j ~ R' /35
,
WETLANDS /401 GROUP
[',MY I 'I Z004
WATER QUALITY See liON
II.
Applicant Infonnation
Telephone Numbe,r: 70tf-8JIo-r;{47:L ....Fax Number: N /11-
E-mail Address: r\ilft Cell +J;. 7D'f-fo9b- -dF/ol
2. Agent Information (A signed and dated copy, of the Agent Authorization letter must be
attached if the 1'-gent has signatory authority for the owner/applicant.)
Name: rv LA-
'Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
?1\~MtN\
or: ('C\\I(D
\\L\JL. j
Page 5 of 12
III. 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 propelty
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative anddistribytion-PID'Pp.ses-; the
USACE requires infonnation to be submitted on sheets no larger than 11 by 17-inch fonnat;
however, DWQ may accept papelWork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be infonnedthat
the project has been placed on hold until decipherable maps are provided.
1. Name of project: lufce..'0/f ~rLy
2. T.I.P. Project Number or State Project Number (NCDOT Only): (el€. C. L t t. :#- XlOIo
3. Property Identification Number (fax PIN):4cd-..1! 4-?1'10~
4.
5. Site coordinates, if available (UTM or LatlLong): /tJ I fr
(Note -If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for eaGh crossing,ofa.distinctwaterbody.)
6. Describe the existing land u~e or c(:mdition 9f the site at .~e time of this application:
......fce<;s ro (J (1 J h~./ ~e..~ /l<eC~ea.r~.". .
I
7. Property size (acres): .. q I A<RG'
8. Nearest body of water (streamlriverlsoundloceanllake): ~ w h cu2.tl ie.. ~; tJel<...)W(e../; Jlefl.Y
9. River Basin: YfkJk..t\....
(Note - this mhst be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: /JhoQ(J J,'n~ 8.Jab;/;'2:1fti~ : i3tuJcI IT
'/0- ~T 13 Y 3 if ^,,::/'u Ih I k h e A-c/
11. List the type of equipment to be used to construct the project: TRAc70!2 /64(/< hoe,
Skrll5'AtU. Nft-,LJ ~Lll'\ I
12. Describe the land use in the vicinity of this project:
- . 4tres5 ~ ~,7JUL / i!'(fl.~m~4l/
_I _'.. .___,
--
IV. Prior Project History
If jurisdictional detenninations and/or pennits have been requested and/or obtained for this
project (including alLprior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date pennits and
certifications were issued or withdrawn. Provide photocopies of previously issued pennits,
certifications or other useful infonnation. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe pennits issued for prior segments of the same T.I.P. project, along with
constructij; schedules.
Alfl-
V. Future Projcct Plans
Are any future pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
IV/I}
VI. Proposed Impacts to Watcrs of the Unitcd StatcslWatcrs of the State
It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intennittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation fonns should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
/ 1. Wetland Impacts IV / fr
Wetland Impact Area of Located within Distancc to
Site Number Type ofImpact* Impact lOO-year Floodplain** Nearest Stream Type ofWetIand***
(indicate on map) (acres) (yes/no) (linear feet)
- ,-.., -
- -- --, -
· List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleanng, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
.. lOO-Year floodplains are identified through the Federal Emcrgency Management Agency's (FEMA) Aood Insurance Rate Maps
(FIRM), or FEMA-approved loca1<floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htm:/Iwww.fema.l!ov.
..* List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater IIl:lrSh. forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
/- 2. Stream Impacts, including all intermittent and perennial streams /1/ If-
Stream Impact Length of A vcrage Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please spccify)
*
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and :JSsociated np-mp,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.)" excavation, ditching/straightening, etc. If stre:un relocation is
proposed"plans and profiles showing the linear footprint for both the original and relocated streams must be included.
.. Strc:un n:unes can be, found on USGS topographic maps. If a stream h:1sno n:une, list :JS UT (unn:uned tributary) to the nearest
downstre:un n:uned stre:un into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.USgS.l!OV. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.tOOQlone.com,
www.malXluest.com.etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
Y3.>?~
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma )
I
Type of Impact*
Area of
Impact
(acres)
I ()D() 2
Type of Water body
(lake, pond, estuary, sound,
ba ,ocean, etc.)
.
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
'~
4. Pond Creation /II I rr
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 application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., damlembankment, 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:
VIT. Impact Justification (Avoidance and Minimi7.ation) IV/It-
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 followed during construction to reduce impacts.
1lJ)/1
VIII. Mitigation
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, 2000, 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 arc 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
htto:11h20.enr.state.nc.us/ncwetlandslstrmgide.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/or map, if offsite), 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.
/1/ .;JL
2. ,Mitigation may also'be,made by 'payment: into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401IWetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htto://h2o.enr.state.nc.us/wm/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):-4! J !)-
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
IX. Environmental Documentation (DWQ Only) /'I If(
Does the project involve an expenditure of public funds or the use of public (federaUstatellocal)
land?
Yes D
No D
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPNSEPA)?
Note: If you are not sure whether a NEPNSEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental90curnentation.
Yes D No D
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D
X. Proposed Impacts on Riparian and Watershed Bnlfers (DWQ Only) IV /A
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 applicant must also provide
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No D 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 buffer
multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate infonnation as
identi~d within 15A NCAC 2B .0242 or .0260.
1)/ 'If-
I
XI. Stormwater (DWQ Only) /1/ / Ir
Describe impervious acreage (both existing and proposed) versus total acreageon the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only) IV h
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 (DWQ Only) N / tr
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No D
Is this an after-the-fact permit application?
Yes D No D
XIV. Other Circumstances (Optional): /II Iff
on
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).
d~J k JJ;)~ s:- /.J.t) tj
Applicant! Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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BILLIE
Survey for:
A.
THOMAS
Lot No. 2 of Section B in the GREEN GAP TRAIL Division
along the Uwharrie River
Uwharrie Township, Montgomery County, North Carolina
Deed Reference Book 234 Page 128
Mop Book 5 Page 32
Surveyed by Thomas J. Fields, PLS-2906, on December 16, 1999.
50 0 50
~ ~-=<-=~ i
Scale 15 In Feet
1"= 50'
From the office of
WRIGHT & FIELDS LAND SURVEYING
303 WEST SPRING STREET
TROY, N.C. 27371
Found: 3/4"
Iron Pipe
Found: 3/4"
Pipe 1.77 FT
from corner ~
MAGNETIC
NORTH
Dee 1999
.. 'll
, <::J?.
. <::J5 ...,~
~oO"
~ \00.
Found: 3/4"
Iron Rebar
Lot No. J
Found: 3/4"
Iron Rebar
NORTH CAROLINA
MONTGOMERY COUNTY
I, Thomas J. Fields. certify that this plat was
prepared from an actual survey done by me in
December 1999 and is in all respects correct
to the best of my knowledge and belief. The
ratio of precision as calculated by latitudes and
departures is 1: 20,000'+ . This plat was
prepared in accordance with Board Rule .1600
Witness my original signature and official stamp
lhi, ~h1CO~f ~
SUR~YOR PlS-2906
No horizontal control within 2000 feet.
Lot No. 1
Found: 3/4"
Iron Pipe
3/4"
Pipe
Found: 1/2"
Iron Pipe
Co'
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TOTAL AREA
0.91 Acre :l::
by D.M.D.
3/4"
Pipe
Legend
o ...... denotes monuments found
or set as noted on pi at.
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Job No. 99-336