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Home My WebLink About20170487 Ver 1_Riparian Buffer Authorization_201704174 April 7, 2017 Kevin Mitchell Division of Water Resources 2090 US HWY 70 Swannanoa, NC 28778 20170487 Response to Violation Catawba Buffer Violation 15A NCAN 02B.0243 (4) Edgewater Lot 36 Hazel R Short & Glenn E Short 1. Catawba Buffer Violation a. Please explain why the activity occurred without prior authorization. Response: We were not aware that we needed to submit an application to the DWR for approval before we put the gravel access road in to get to our future dock. Two (2) options exist to resolve the violations related to the buffer impact: 1. Apply to the North Carolina Department of Environmental Quality Division of Water Resources for and receive a Buffer Authorization for the buffer impacts that have occurred. The application process as described does not guarantee the impacts will be approved. Response: We are submitting an application for the Riparian Buffer Authorization Form. We will submit the form by April 11, 2017. 2. Restore the buffer to pre-existing conditions which includes the restoration of the riparian buffer. Response: We are submitting a Restoration Plan to this office for review and approval. See Attachment A. Attachment A Restoration Plan for Lot 36 Edgewater The planting will begin during the months of November 1, 2017 thru March 30, 2018 to restore the disturbed area. We will plant all native trees, shrubs, and native grasses. We will use a 10 x 10 spacing format for the planting of the trees and shrubs. 1. We plan to plant using native trees such as the Dogwood tree, Mountain Laurel, and Redbud Tree. 2. We plan to plant shrubs from the Rhododendron variety. 3. We will use common native grass in and around the disturbed area. We will seed using grass seeds from one of the following choices. The Big Bluestem grass, Deertongue grass, Switchgrass, or Little Bluestem grass. 4. We will leave buffer undisturbed with the exception of the gravel access road which is allowable and a four (4) foot pathway to the future dock that will have mulch on top of the pathway. In order to address the diffuse flow we will do the following. 1. The access road will remain as a gravel access road. 2. The buffer will be replanted with native trees, shrubs, and grass. 3. After the planting of the trees, shrubs, and grass we will send a report stating the restoration has taken place and we will provide pictures for the documentation. 4. Attached map of Lot 36 layout highlighted boundaries. S. Attached drawing of the proposed area to be restored. : If E)GI AW E Rl L( i"34 P.B. 3� PG. 147 L LAW AMD( Luo RWD( EDGMATER Ef. ;WATER I LOT ;35 PA.:: 1, PG, 147 '.OT 33 N.C. GRID- NAD P 31, PG. 147 518-REMR FOUL I') 51ir REJ FOUND ,6r&2M0c . ,. I r EDGEWA FER C I �Gl:_:VVATER LOT 31 LOT 7 Na' REBAR �0, PG. 147 P B. 31, '4 LOT 36 ILI 1.549 C. lscl'37 01'W Bi E 1DO4.0 49.44' Str REBAR 4, • FOUND N27' 09 FOUND T/ PARCEL#2754991' I ii REBAIR 5w ;MBAs FOUND ✓ _jQrw*sE'M" A (TYPICAL) tff� 272Y£-364.47 r. S64'35'2fr[ lv v? 2TE -7 FOUND ?_ �W'\lxitl 00i, ICAL) luSI6FsEToc7K(r;' RCOAR SS.,5[1.30 RM R W* 23021 FOUND FOUND 8,15" SETT t IVLIIE 56, .4511: 19 REPIA'o :'fil- REBAR SFE It W 20'04"E SET .13 TAX PARCEL 7,-)!)922--15 45 0:V V 23 W FSE N 10- 521Y 'FICRAR FOUND 1141 02, Q A Mq ri� T " LAM ENE d" V. Ro 31, FG. I. WE lcol"A P.6.31, PG. k. Js S1911 2-1'%Y 25 96' S 1•26, 1 WE 40.47 0 - ----------------- - 42 - ----------- - -------------- - .......... 1 Division of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .026i (11)(c), .0607 (e)(2) - Bufter Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project'. FmibC,\N&s,,,3, 1 b. County: e -A 1c. Nearest municipality: 1 d. Subdivision name: 1 e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes �o 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? F1 Yes ( o 2. Owner Information 2a. Name on Recorded Deed: 2b. Deed Book and Page No. - 4 2c. Map Book and Page No. (include a copy of the recorded Qv map that indicates when the lot was created): 2d. Responsible Party (for Corporations): 2e. Street address: 2f. City, state, zip: 2g. Telephone no.: ` 2h. Fax no.: 2i. Email address: 3. Applicant Information (if different from owner) 3a. Applicant is: I ❑ Agent ther, specify: 1�e•t' 3b. Name: 3c. Business name (if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 4. Agent/Consultant Information (if applicable) 4a. Name: F14b. Business name (if applicable): 4c. Street address: 4d. City, state, zip: 4e. Telephone no.: 4f. Fax no.: - 4g Email address: FORM. BA 10-2013 Page 1 of 4 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID):- ' i b. Site coordinates (in decimal degrees). Latitude: _ Longitude: 1 c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: q ' 2b. Water Quality Classification of nearest receiving water: _ (f 2c. River basin: 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: C 2S.�e��a� S+ c1S\ 2 orc�.�� — �Qc'�� .; r'vAQ'_C� T-�s C -c'&3 3b. Attach an 8'/z x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site i 3c. Attach an 8'/z x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3e. Explain the purpose of the proposed project: 3f. Describe the overall project in detail, including the type of equipment to be used: �r 4 ! C'Ck T"r\ roc; �• 4. Jurisdictional Determinations 4a. I Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ project (including all prior phases) in the past? El Yes E] No �nknown Comments: 4b. If yes, who delineated the jurisdictional areas? Name (if known): Agency/ Consultant Company: Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? i ❑ Yes Jo ❑ Unknown ` 5b. : •"Ila!, If yes, explain and detail accoru, „_.y r. fila .. 6. Future Project Plans 6a. Is this a phased project? ❑'es alTo I rh If yes' explain. FORM: BA 10-2013 Page 2 of 4 C. Proposed Impacts Inventory 1. Avoidance and Minimization ^ la. Specifically describe measures taken to\ avoid or minimize the\ proposed impacts in designing projectQ \ q�zd I 1. Buffer Impacts _ 1a. Project is in which protected basin? ❑Neuse �- E]Tar-PamlicoQ,15atawba mitiriatinn.? ❑ Randleman ❑ Jordan ❑ Goose Creek 1b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number – impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ mitigation) required? (sq ft) (s^y y I or Tem a B1 P ❑ T iLe�`i : s�,; 1.5 ❑ Yes o r(a5lj B2 ❑ P ❑ T ❑ Yes ❑ No ( j B3 ❑ P ❑ T ❑ Yes ❑ No i i 9f Comments: J u� r--1 P r--1 r L u i u I co LJ i�v I I B5 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 1 c. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization ^ la. Specifically describe measures taken to\ avoid or minimize the\ proposed impacts in designing projectQ \ q�zd \ ' S\`K ��R't'SiC•`nC�:/�C�`3Turn `l eY� viCtKc ��hl� ,�m.�\ ' ucAO Q Ce C`NJJG.�� 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. �C'�� `�'3`��c.S`�1�5 �� O.`�e0.�2S ��`c�ZcR �y� ��:``i•y� �C(�C(�e�� .� '�;Y.�SS .j v\1i 2. Buffer Mitigation �,� 2a. Will the project result in an impact within a protected riparian buffer that requires buffer i El Yes D Ivo mitiriatinn.? 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Reason for impact Total impact /CJ ,oa vro feet) l - Multiplier Required mitigation /eniu7rn fcc_t\ Zone 1 3 (2 for Catawba) Zone 1 Zone 2 1.5 Total buffer mitigations required: 2c. If buffer mitigation is required, is payment to a ❑ Yes o i miiigaiionbank car NC, EEP piuposeu 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. — 2e. If no, then discuss what type of mitigation is proposed. i i 9f Comments: J Page 3 of 4 FORM: BA 10-2013 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of I ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be I ❑Other BMP maintained. If a Level Soreader is proposed. attach a Level Spreader Supplement Form \ If due to site constraints, a BMP other than a level spreader is proposed, please provide a See A�l�rnet, plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP Manual and attach a BMP Supplement Form. ' r c _f.. m +ir i Applica Agent's Printed Name Applicant/Agent's Signature Date (Acen"s sicneture is va!; i Sena s complete sets of this form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent —J I 1. Environmental Documentation OR NC DWR, Transportation Permitting Unit 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of j LJ Yes 2<0 Raleigh, NC 27604 public (federal/state) land? For all other projects sent by eleflvei-v service 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No NCDVA'R — 401 & DLJ uffer r er pitting Unit environmental document pursuant to the requirements of the National or State (North i 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document been finalized by the State i ❑Yes El No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland es ❑ No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? I 2b. Is this an after -the -fact permit app;ivatiun? Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): y,RCsv c \zg;S QZ ,., Tt)v.%\r �� Cck\aw��t `;J.�ge.r . i Applica Agent's Printed Name Applicant/Agent's Signature Date (Acen"s sicneture is va!; i Sena s complete sets of this form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.): NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 For all other projects sent by First Class aril For all other projects sent by eleflvei-v service vier the US Postal Service (UPS, FeclEx, etc.): Karen Higgins OR Karen Higgins NCDVA'R — 401 & DLJ uffer r er pitting Unit NCDWR — 401 & Buffer Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 4 of 4