HomeMy WebLinkAbout20031595 Ver 1_Complete File_20030830\O?OF VV/i r?9QG Michael Easley, Governor
William G. . Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
17 Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 12, 2004
DWQ Project #: 03-1595
Iredell County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
David L. Christenbury
129 Rainbow Lane
Mooresville, NC 28117
Subject Property: Catalina Cove Subdivision, Lot# 12
Dear Mr. Christenbury:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.01 acres of waters and 480 square feet of protected riparian
buffers on Lake Norman for the purpose of constructing a keystone wall to stabilize approximately 117.6
feet of shoreline, as described within your application dated December 13, 2003. After reviewing your
application, we have decided that the impacts ate covered by the N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use
Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control and Duke Power regulations and permits. 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 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. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 213 .0243(5).
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), (ht(p://h2o.enr.state.nc,u$/ncwctiands)
Customer Service #: 1-877-623-6748
Page 2
Mr. Christenbury
January 12, 2004
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Klimek, P.E.
'Q, Director
Attachments: Certificate of
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
DWQ # 03-1595
.
Certificate of Completion
DWQ Project No.: 03 - l 5 ct 5 County: CEO E ce,_ ,
Applicant: ???a (-- - C--?FQ-tsT?N f3 yR?(
f;t
Project Name:
Date of Issuance of 401 Water Quality Certification: Al) - M, ?-O o4-
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, ?Ac???u ?- - ?{P,.tSTEN(i?LR-Y , 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.
111)J V::?
Signature:
Date: 3 & Lo
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
1, , 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:
JAN-08-04 12:45 FROM:FUNB CMG MKTG M2 ID:17043834180 PAGE 1/1
January 8, 2004
NC Division of Water Quality
.Attention: Michael Horan
Parkview Building
2321 Crabtree Blvd.
Raleigh, NC 27604
FAX: (919) 733-6893
RE: DWQ # 03-1595, Iredell County
Dear Mr. Horan.:
Thank you for talking with me yesterday regarding the request recently submitted to your
office to stabilize the shoreline of my home. Based upon our discussion and a discussion
with my contractor, following is the additional information you have requested.
Buffer Impact: (Keystone wall)
• 119.6 ft long
+ wall is estimated to average 4 ft in height
• Maximum baekfill from wall is estimated to be not more than 3 ft
Water Impact: (foundation to support wall)
• 119.6 ft long
• 24 inches wide to accommodate standard size (120 lb) keystone brick
+ 6 inches deep
I hope this provides you the additional information needed to grant my request. Please let
me know if additional information is needed.
Sincerely,
David L.'Christenbury
129 Rainbow Lane
Mooresville, NC 28117
Wk (704) 3835407
JAN-8-2004 THU 12:03 TEL:9197336893 NAME:DWQ-IkJETLAHDS P. 1
JAN-0B-04 12:53 FROM:FUNB CMG MKTG M2 ID:17043B341BO PAGE 1/1
January 8, 2004
NC Division of Water Quality
Attention: Michael Horan
Park-view Building
2321 Crabtree Blvd.
Raleigh, NC 27604
FAX: (919) 733-6893
RE: DWQ # 03-1595, Iredell County
Dear Mr. Horan:
Thank you for talking with me yesterday regarding the request recently submitted to your
office to stabilize the shoreline of my home. Based upon our discussion and a discussion
with my contractor, following is the additional information you have requested.
Buffer Impact: (Keystone wall)
• 119.6 ft long
• wall is estimated to average 4 ft in height
• Maximum backf ll from wall is estimated to be not more than 3 ft
Water Impact: (foundation to support wall)
• 1] 9.6 ft long
• 24 inches wide to accommodate standard size (120 lb) keystone brick
• 6 inches deep
1 hope this provides you the additional information needed to grant my request. Please let
me know if additional information is needed.
Sincerely,
-4? 64Z;6)
David L. Christenbury
129 Rainbow Lane
Mooresville, NC 28117
Wk (704) 383.5407
JAN-8-2004 THU 12:11 TEL:9197336893 NAME:DWD-WETLAHDS P. 1
`o?oF W A rFg
Michael F. Easley, Governor
William G. Ross Jr., Secretary
arolina Department of Environment and Natural Resources
t-
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 19, 2003
DWQ # 03-1595
Iredell County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
David L. Christenbury
129 Rainbow Lane
Mooresville, NC 28117
Subject Property: Catalina Cove Subdivision, Lot# 12
Dear Mr. Christenbury:
On December 18, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill wetlands or waters for the purpose of shoreline stabilization in Iredell County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and
refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100
feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500.
1. Please indicate all buffer and water impacts on the site plan.
2. Please indicate the location of the protected buffers as overlays on the site plan.
3. Please indicate the diffuse flow provision measures on the site plan.
4. Please indicate whether or not the house impacts have already been conducted.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
n R. Dorney
Water Quality ertif' ation Program
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
M4
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.st te.nc.us/ncwetlands)
C- t-- q-i- #• 1-277-RPI-6748
4 V,
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
le
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing TO DUKE POWER, TO
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
ABOVE ADDRESS. rF
f p '.
I, Applicant Information
A. Name ?A?It4 L- C.kta 13r??
B. Mailing Address ?Z°l 'tir?"1 L A del C. Telephone:
ll?? ?J?( V'S?`l?( ?W? ?a?(? 3?3'S`-(o 1
H. Location of Proposed Project
A. Lake OtMAO
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
C.
D.
E.
F.
B. Street Address 1201 W* ? u W
County t.l..
City, town, community or landmark
Section Lot # -A--
Directions to property byroad
G. Latitude and longitude for the project site - D?3 $ 3S, SS 3 8
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found w :Ater: ,tc,
www.mapsonus.com. 'Directions: on't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/Long", click map) WETLANDS/ 401 GROUP
III. Description of Project
(13
A. Length of wall I AO 1 • ?'?• ®EC . R ?0
B. Material' Ard ?GL1GK.
C. Distance from property line/shoreline WATER QUALITY
sEcr?pnr
IV. Intended Use of Project Area
A. Private TETlueviey
B. Commercial
Date
V. Applicant Signature
:-::?: . . J
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 NOTTIIF_IC/ PLCATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
Subdivision
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
1. Applicant Information
1. Owner/Applicant Information
Name: '_ 4lb i Crttt? STE sl u RY
Mailing Address:
z9 N A,,a i.J E
p lrLt C-- Z$1 t1
Telephone Number:
E-mail Address:_
Fax Number
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:_
Telephone Number:
E-mail Address:_
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
Fax Number:
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D SRt DON ALLEN SURVEYORS, INC.
7 HuX 203 MOORESVILLE . N.O. 28116 (704) 804-7029
THIS IS TO CERTIFY ]HAT ON THE DAY OF JANUARY 19 i,SURVEYED
THE PROPERTY SHOWN ON THIS P1-AT, AND THAT THE TITLE LINFS AND THE WALLS OF THE BUILDINGS
ARE SHOWN HEREON.
TINE
- DIRECTION
-- I DISTANCE
L-2
N
00'56'00"
W - -
10.94'
l3 N 00'56'00" W 1525'
L4 S 31'33'00" ti! 7.33
15
- S 57'54'00" W 19.34'
_ 16 --
S -
4-7'l--6'6-n"
W -
.68'
L7 1J 83'05'00" W 20.29'
LAKE N ORMI.AN
w
of
SUBDMSION SURVEY UP
0
0.04
4CRES
LOT 13
60,
S g0'24,00" W
L7 .9 • 29,54
SIGNED--
DONALD RAY ALLEN RLS
NOTE:
BOUNDARY INFORMATION FROM SURVEY
BY DUKE POWER COMPANY;
MTN. ISLAND FILE NO. 1465
Hl,'') c,'. HOOK No. 8,1,1, JULY 11, 1988
"
S 7 ?•2? 0
UB?I is N su??v
R/W
F-00T1 N Q SURVEY
OF
LOT 1.9- BLOCK B CATALINA COVE
SCALE __1 a0' .___ IDAVIUSON Twsp.,IREDELL C.o.,N.C.
THE PROPERTY OF DAVID LEE CHRIST MOURY (,2s- -7$
HAP RECORDED IN BOOK PAGE ___DEED RECORDED IN BOOK __-------
AT PAGE
TAX MAP NO:
R/W
60'
RAINBOW LANE
DWQ# 03 - 1595
Date L L - ( 4'' 03 Who Reviewed: vs?
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
[- Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater,management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
Please indicate the diffuse flow provision measures on the site plan.
Please indicate whether or not ?lkgp e??impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
4t