20220759 Ver 1_Riparian Buffer Authorization Request_20220602

Buffer Authorization Application Form
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Water Reources
ENVIRONMENTAL QUALITY
Original Submittal 6/2/2022
A. Owner/Applicant Information
General Information
Primary Contact Email:*
Who is submitting the application?*
[e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Owner
Applicant other than Owner
Agent
1. Property Owner Information:
la. Name on Recorded Deed: * Angela M Garcia a Free Trader
1b. Responsible Party: (for Corporations)
1 c. Mailing Address:* Street Address
126 Caraway Ln
Address Line 2
City State / Province / Region
Mooresville NC
Postal / Zip Code Country
28115 United States
1d. Telephone: * 9704)877-5766 1e. Email Address: * [e-mail]
2. Applicant's Information (if different from owner):
2a. Name:
2b. Company Affiliation:
2c. Mailing Address:
Michael W Burkhard
Burkhard Environmental
Street Address
21326 Bethel Church Rd
Address Line 2
City State / Province / Region
Cornelius NC
Postal / Zip Code Country
28031 United States
2d. Telephone: [phone]
2e. Email Address: [e-mail]

2f. Attach a signed and dated copy of the authorization granting the applicant owner approval. An agent authorization form is
acceptable.
Click the upload button or drag and drop files here to attach document
PDF only
3. Agent Information:
3a. Name:
3b. Company Affiliation:
3c. Mailing Address: Street Address
Address Line 2
City
Postal / Zip Code
3d. Telephone:
3e. Email Address:
State / Province / Region
Country
3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files here to attach document
authorization form.
PDF Only
B. Project Information and Prior Project History
............................................................................................
1. Project Information
la. Name of Project:*
Angela M Garcia
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
Id. Subdivision Name: Caraway Ln
le. Nearest Municipality: Mooresville
If. Property Size: 1.19
acres
1g. County (or Counties) where the project is located: *
Iredell
Ih. Property ID#
4627128388.000
Tax PIN or Parcel id
1 i. Deed Information
Date of Purchase
7/14/2016
Type of Book
Book#
Page#
Deed
2870
314
Map
15
58

1 j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
Plat of Road right of way.pdf 880.49KB
Deed.pdf 201.86KB
PDF only
1k. How would you like to provide the Latitude and Longitude information?*
Address Lookup
• Manually
Latitude* 35.58154 Longitude* -80.94449
11. Is the project located in any of North Carolina's twenty coastal counties?*
Yes
• No
2. Surface Waters
2a. Name of the nearest body of water to proposed project: *
Lake Norman
2b. Water Quality Classification of nearest receiving water:
WS-Iv
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
760
(linear feet only)
3. Project Description:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
A large lot with a single-family residence which is typical for the general area. There
are five (5) lots that access their property off Caraway Ln which is only about 10 feet
wide. This has cause problems for the owner. As everyone has blocked off their
driveways and the RW along their property to prevent any parking or the ability to
turnaround.
3b. Attach an 8'/z x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach document
USGS Topo Large Map.pdf
Topo ANGELA M GARCIA.docx.pdf
PDF only
686.64KB
379.78KB
3c. Attach an 8 1/z x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site.
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Siol Survey.pdf 456.46KB
PDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
This is an after the fact request. An existing gravel parking area that has been on the
property since 2016 was contained by constructing a wooden encasement to prevent
the gravel from washing into Lake Norman.
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
730.47KB
Mitigation Planting Turnaround.pdf
PDF only
5. Jurisdictional Determinations

5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project
(including all prior phases) in the past?*
Yes
l• No
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
Yes
• No
7. Future Project Plans
7a. Is this project a phased project?*
C. Proposed Impacts Inventory
Buffer Impacts
Yes
• No
Project is in which protected Basin?*
Neuse River Basin (15A NCAC 02B.0233)
• Catawba River Basin (15A NCAC 02B.0243)
Randleman Lake Watershed (15A NCAC 02B.0250)
Tar -Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 026.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type
Zone 1
Zone 2
Parking and turn
around for
emergency
vehicles
Map label (e.g. Road
Crossing 1)
Lake
Norman
Permanent
(P)
Perm or Temp
Allowable
w/
mitigation
697.50
Square
Feet
0.00
Square
Feet
Total Zone 1 Impacts: 697.50
Total Zone 2 Impacts: 0.00
Total Buffer Impacts: 697.50
Comments:
The turnaround/parking area has been in existence since 2016 and this area is
crucial for emergency fire and rescue services.
In addition to payment into the mitigation bank, the owner plans on doing additional
plantings and remove the sod grass adjacent to the turnaround area and mulch.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
A

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
The design and construction sequence took into consideration weather and
protection of Lake Norman.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
A sediment fence was installed prior to any construction work and was maintained
throughout.
2. Buffer Mitigation
2a. The table below identifies the square footage of impact to each zone of the riparian buffer and the required mitigation.
Zone 1 - Catawba Only
Total Impact
Multiplier
Required Mitigation
697.50
Square Feet
2
1,395.00
Square Feet
Zone 2
Total Impact
Multiplier
Required Mitigation
0.00
Square Feet
1.50
0.00
Square Feet
2b. What is the mitigation plan proposed for this
project?*
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
2e. Attach statement of availability from mitigation provider. *
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Dogtown Buffer SOA - Garcia Mitigation
144.56KB
Availabilty.pdf
PDF only
2g. Comments:
E. Diffuse Flow Plan
la. What type of SCM are you providing?*
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Proposed project will not create concentrated stormwater flow through the buffer
Other SCM that removed minimum of 30% nitrogen
lc. Diffuse Flow Documentation
F. Supplementary Information
Environmental Documentation
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Storm Water.pdf 430.59KB
PDF only
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?

•
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface
Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
Yes
No
2b. Is this an after -the -fact buffer authorization application?
Yes
No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Notice of Violation w/Recommendation for Enforcement Issued October 26, 2021
Catawba Riparian Buffer Rule &
401 Water Quality Certification Pgm.
NOV-2021-PC-0527
126 Caraway Lane
Iredell County
This NOV alleged trees were removed from the 30' buffer; the buffer was native
vegetation was not grass, the entire buffer needs to be mulched and the turnaround
area must be removed
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments:
Additional Comments:
Click the upload button or drag and drop files here to attach document
Letter from LNVFD.pdf
Existing parking 2016.pdf
GIS 2018 aerial with gravel parking.pdf
Survey 126 Caraway Lane.pdf
Turnaround used by deliverly services.pdf
Neighbors bloocking.pdf
Signed letter parking area has been in place.pdf
PDF only
Attached is a letter from Lake Norman Volunteer Fire and Rescue stating that the
turnaround will provide the fire department with additional space to work in the event
of an emergency or fire, due to the width of this small road. the added room is a huge
benefit to their operations should the need arise.
***LIFE SAFETY is critical to all the residents along Caraway Ln***
The original recorded plat shows a dedicated 60-foot-wide ROW and a dedicated 50-
foot radius cul-de-sac, that was not constructed. Ms. Garcia has been unsuccessful in
working with the neighbors to build the road and cul-de-sac.
Without Ms. Garcia's turnaround, vehicles would have to "Back Out" which is not only
safe but dangerous due to the narrow road.
Ms. Garcia is willing to remove the existing turnaround from her property once the
road and cul-de-sac has been completed.
We believe that sufficient documentation has been provided that the turnaround area
was existing back in 2016 and should be allowed to remain.
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H. Sign and Submit
By digitally signing below, I certify that:
• I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions
Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name: * Michael W Burkhard
Signature
Achael Wrf fic"e!V 5A- t1
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?* • Yes No
Yes
• No
ID#* 20220759
Version:* 1
Select Reviewer: * Doug Perez:eads\djperez
Select Reviewing Office* Mooresville Regional Office - [phone]
Is this project a public transportation project?*
Has payment been received?* • No Payment Needed
Fee Received
Need Fee - send electronic notification