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HomeMy WebLinkAbout20021814 Ver 1_COMPLETE FILE_20021115?CF W A rF,?Q ?a y r? r 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 Page Number 1 {Q' ULNEN CAlE1?tMT / ?r ooe a ? w LW N0RW P . 0 1 p.l +i E LLO i AA1+ j , ?, Id Ho gtaKIri11T FIN 40,"-46-4085 210.011611 ??:?» - fns , s i IAKI J, oy, AIAO a S yS 31,15oo,rt . i i 1 1 1 i joi b9o nip 4 ' Party Correspondence UST #: To' P?keV- , a Otis w-- N Q W ?na?6 sAA -?-?? WPy1k Ifs--- Irv For ?>" d Moweti,,\ C6r*,16A?-(j N -C- - Z- ?b ar _ N ot?? + d' JJ?? 1 , .,,aka, r 1? U WWf2ESVt'I. 'f- DEC 2 0 2002 MATER QUALITY SECTOR C X773 t r-\ wAA? w1 L . c, z N Qi S L,6a rs 25 t> as. bpi xi) rof 6 ,% .JO w Art Date: ) ?, oz?_ Triage C ck List Project Name: IC 1400tlf DWQ#:= County: To: ? ARO ? FRO ?MRo ? RRO 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: ,tiQ jie" CSC 7 Ar ff V c.A' Cam) 7 c °V' es 7 ?. 0-? C ?, ac t C q P/'O) e CAL r non J 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 $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit ?' ' ---°- -? "- 1650 Mail Service Center Raleigh, NC 27699-1650 Q 4rpp{{ HOV 1 5 ?on? 1. Applicant Information 1. Owner/Applicant Information Name: bkv b- n 0t- Mailing Address: 15-50 y /2; ? a.; r A A., t . it n( . C Telephone Number: E-mail Address:- Fax Number: 7 O Z/ r--\ 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: II. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. You may use the diagram below to make a hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other facilities must be included. 1. Location County: r\ -r- C -V I -ePA(KP Nearest Town: /i?2l0 -4- Subdivision name or site address include phase/lot number): /??/??-ic tics wfifd-- Lot V' Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing land use or condition of the site at the time of this application: J?u s It?sr..c eoIyst-&I-f"0--- -3? 3. Property size (acres): s '70 Fa-c AA o 4. Nearest body of water (stream/river/sound/ocean/lake): L. Pr?-$ 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.) k ?Zt? ?Ni GIP.??NSir L o ?-- C'q fu &C LI?? (Vw Uft ?- 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. w Route Page 2 of 3 h maps on Us Routing Disclaimer give your taro by?urn directions in a moment. But since this is your first route, we'd like you to read the ,lowing. When you're done, click on the "ACKNOWLEDG button at the bottom of this box, and we won't mother you with this message again. Our goal is to give accurate, easy to follow "door-to-door" directions from anywhere in the United States. 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Tn cee the mute in a non4abular format. click here. Go And Then ... 1 Total 1milesi ' v .d-- ' C or N? Replace this Start l Pr t umn co with Less _ 13-R- gi .s a e. u-? detailed 1 than l mi ' o - o maps for all 2 . s mi CONTINUE onto YORK RD [HWY 49] -{-du.1g? L ko- wyi• 2_. 3 turns o . z mi TURN SHARPLY LEFT onto SHAHERLIA RD 3.0 F o . 2 mi TURN L e?-+ onto TULLOCH RD FOLLOW TULLOCH RD as it BEARS l?ls - - 3.3 3 - s 0 0.2 mi FOLLOW TULLOCH RD as it BEARS RIGHT 3.8 a o . 2 mi TURN RIGHT onto MARINERS WATCH CT 3.9 End Less than .1 mi Map Address (16309 mariners watch court, charlotte, NQ 4.0 ?a Ys -°iPs cuffw M kP I ROUTES P IM A _auta YELLOW PAC3ES Cateaorv Ssp?h ADDRESS BOOK M rLgdd"-" TOOLS S-, I-r Genera_? gpb m SWITCHBOARD SERVICES FPnd a Peron r€nd E atl HELP AQ CONTACT I Page I of 2 .. s' 983 f 973 40 PAN BY: FULL I MALF 9 zoom ZGOM FM BLACK&Y ERASE l.a LeW DE I. S NC. 2823 t DOR 151804-2=2 TOM $ f0o.# 50fd*ftrd, Uft M6Jeet to t E_ w ,,L npp V Yt} .? M.P-Clickiag Wild Zoom in REDRAW MAp yW4rS NEARBY? _MV 02e ., Ex iC rat? Problems printing? Get a P_ rimer table gap. lu Whywait? Refinance now! 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 Ile f? 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 10,A 6!02%-.b 9 i h II € ????s? ??? ? ???.; ?? 3'ti;5c,. a