HomeMy WebLinkAbout20021814 Ver 1_COMPLETE FILE_20021115?CF W A rF,?Q
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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
January 9, 2003
DWQ# 02-1814
Mecklenburg County
Mr. David Mowery
15904 Riverpointe Dr.
Charlotte, NC, 28278
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. Mowery:
You have our approval, in accordance with the attached conditions, to place fill in 0.004 acre of waters at Lake Wylie in
Mecklenburg County, as you described in your application received by the Division of Water Quality on November 15, 2002,
and in your revised site plan received December 27, 2002. 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
http://h2o.enr.state.nc.us/ncwetiands . 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 Shoreline stabilization measures shall be limited to a maximum height of two feet, and backfill shall not extend more
than three feet from the proposed home;
2. 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;
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;
4. 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.
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 150E 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 Alan Johnson in DWQ's Mooresville Regional Office at 704-6637.1699 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.
Sincerely,
Alan W. Klimek, P. .
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Customer Service
1 800 623-7748
I
DEC ® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator/
Habitat Conservation Program
DATE: December 6, 2002
SUBJECT: Review of an application by David Mowery, Shoreline Stabilization,
DWQ#021814, 15904 Riverpointe Drive, Mecklenburg County
The applicant is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality. The NCWRC has reviewed information provided by the applicant,
and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C.
466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
The permit application indicates that the project will add 50' (long) x 3' (wide) riprap
stabilization to the existing riprap wall along the shoreline. No photographs of the site or project
were included with the documents received by this office although they were referenced as part of
the application.
Concerning shoreline stabilization using riprap, this office prefers the use of a more
"natural" approach to shoreline stabilization. A combination of large riprap used to two feet
above normal pool elevation with banks sloped back and vegetated with grass, willows or other
acceptable vegetation create a more "natural" bank. A filter fabric should be used in order to
prevent soil from eroding from behind the riprap during high-water and/or wave action.
Minimum class I riprap should be imbedded into the lake bottom to prevent undercutting. We
recommend maintenance or restoration of undisturbed natural shoreline buffers whenever
practicable as mitigation for impacted shoreline habitats and to provide water quality buffers.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name David Mowery County Mecklenburg
Project Number 02 1814 County2
Recvd From APP Region Mooresville'
Received Date 11/15/02 Recvd By Region
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet WE
Type Type Impact Score Index Prim. Supp. Basin Req. Req. GP30 Waters P Y ON F 11-(117) vslV B & CA 30,834. 0.00
Mitigation Wetland -
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y * N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? p Y O N Recommendation: Q Issue # Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
Comments:
Longitude (ddmmss)
Staff noted that the bank of the shoreline is approximately 12"-15" high. Infill (approx. S" - 12") has
already been placed in some areas of the buffer. Further backfilling could be detrimental to the trees
currently located in the buffer area. Staff discussed with the applicant the need to limit the
stabilization to less than two feet in height and to limit backfill to within three feet of the ri rap/alien
block wall,
cc: Regional Office
Central Office
Lo?l f A40
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MATER QUALITY SECTOR
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Triage C ck List
Project Name:
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DWQ#:=
County:
To: ? ARO
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From: 1 1!
Mike Parker
Ken Averitte
Mike Parker
Steve Mitchell
? WaRO Deborah Sawyer
? WiRO Joanne Steenhuis
? WSRO Jennifer Frye
Telephone : (919) 9 * 7 3 C_-? C 7?
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? )Yetland determination and distance to blue-line surface waters on USFW topo maps
OMinhuization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
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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 $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit ?' ' ---°- -? "-
1650 Mail Service Center
Raleigh, NC 27699-1650 Q 4rpp{{
HOV 1 5 ?on?
1. Applicant Information
1. Owner/Applicant Information
Name: bkv b- n 0t-
Mailing Address: 15-50 y /2; ? a.;
r A A., t . it n( . C
Telephone Number:
E-mail Address:-
Fax Number: 7 O Z/
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2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: r\ -r- C -V I -ePA(KP Nearest Town: /i?2l0 -4-
Subdivision name or site address include phase/lot number): /??/??-ic tics wfifd-- Lot V'
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application: J?u s It?sr..c eoIyst-&I-f"0--- -3?
3. Property size (acres): s '70 Fa-c AA o
4. Nearest body of water (stream/river/sound/ocean/lake): L. Pr?-$ 1 -e.
5. Describe the purpose of the proposed work: `T t, ea r,4(R-'e A o re- ki-e -
IS a 10 3'--
6. List the type of equipment to be used to construct the project: IgZ, a??? - y- n
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: Cc ?-4,, xLc 4 i , 3 w AAA
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
square feet or acres: r• (r, o 6 3
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): ® -f-i\ e w%rI r®A c.?--?
- 11- o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions).
A Location of rip rap or 91 to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
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DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
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. Name JF}'V i j
B. Mailing Address
C. Telephone: i 0 9 .4
D U-') C- r-AA
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II. Location of Proposed Project
A. Lake t t A....."
L L
B. Street Address t r t A-fE , f-
F IL TO
C. County -e -? .., tia
D. City, town, community or landm k 2 -t N '
E. Section /') 2) - $S 1 Lot # Subdivision 0A I-! a ?F_S Et1'l?
F. Directions to property byroad ?o N. CI,1? ( k L 9WI, Y5 ou-fit--- acatF rem 1A?C?
1,-4--1" tr,-- 5hkKLot41e... --n A. M,1. s iff- c. L r-- Tx-11oc!.-.. 6-
+ r1" t`u.a. w I. # 0itg f7fi- .r Melts AV A-fit... f-T , / k A t n- K's M
G. Latitude and longitude for the project site ?( 6 ` 1-0 A- ' k .i i.-
H. Please submit a map showing the coordinates or a detailed map (USG3 quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will.:.", select "Lat/Long", click map)
III. Description of Project
A. Length of wall 0 3 S
B. Material R1t 12? r%- S +c? (?n?? (?5c jrec,s '?rr`'Ca?. /` 1g"?'on?
C. Distance from property line/shoreline DiJ prosy j O- -{
IV. Intended Use of Project, Area
. 1-11
1" 1
A. Private
B. Commercial
V. Applicant Signature Date L11 6 ?--
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 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
PARSVIEW BLDG., 2321 CRABTREE BLVD. ''-
RALEIGH, NC 27604
919-733-1786
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