HomeMy WebLinkAbout20171526 Ver 1_Shoreline Stabilization_20171128i1«crJ;esc,u-ces
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November 30, 2017
Rowboat Dock & Dredge
Attn: Leah Smith
858 Williamson Rd
Mooresville, NC 28117
Subject: REQUEST FOR ADDITIONAL INFORMATION
Fernwood HOA 104 Fernbrook Dr
Dear Ms. Smith:
ROY COOPER
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MICHAEL S. REGAN
.er<rcvLari
LINDA CULPEPPER
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DWR # 17-1526
Iredell County
On November 28, 2017the Division of Water Resources (Division) received your application
requesting a 401 Water Quality Certification from the Division for the subject project. The
Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
Fee required:
A review of the Pre -Construction Notification (PCN) Form indicates this application is for
shoreline stabilization with rip -rap. Pursuant to 143-215.3D (e), a $240 permitting fee is
required to process this application. Please remit a check for $240 to DEQ-DWR and mail
to the below address.
If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins Karen Higgins
DWR-401 & Buffer Permitting Unit DWR-401 & Buffer Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0243 the applicant shall furnish all of
the above requested information for the proper consideration of the application. If all of the
requested information is not received in writing at the address below within 30 calendar days of
receipt of this letter, the Division will be unable to process the application and it will be returned.
The return of this project will necessitate reapplication to the Division for approval, including a
complete application package and the appropriate fee.
State or North Carolina i Environmental Quality I Water Resources
1617 Mail Service Center i Raleigh, North Carolina 27699-1617
919 807 6300
Page 2 of 2
This letter only addresses the administrative review of the application and does not authorize
any impacts to streams, waters, wetlands or protected buffers. Please be aware that you have
no authorization under Section 401 of the Clean Water Act/the Buffer Rules for this activity and
any work done within waters of the state may be a violation of North Carolina General Statutes
and Administrative Code.
Please contact Shelton Sullivan at 919-807-6361 or sheri.montalvo@ncdenr-gov if you have any
questions or concerns.
cc: USACE Asheville Regulatory Field Office
DWR MRO 401 file
DWR 401 & Buffer Permitting Unit file
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
Filename: 171526 Fern brookHOA(IredeI1)_HOLD
@12�'/!,
NOV ` 8 toil
November 22, 2017
ROWBOAT
Dock & Dredge
858 Williamson Road
Mooresville, NC 28117
(704) 663-3478 (866) 647-8679 (FAX)
www.rowboatcompany.com
N.C. Department of Environment Quality
Division of Water Resources, 401 & Buffering Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
REF: Lake Norman— Fernbrook
Dear Alan Johnson,
Our firm is processing this application on behalf of the attached applicant, to remove
approximately 1500 cubic yards of material from Lake Norman, Iredell County, North Carolina
(104 Fernbrook Drive Mooresville, NC 28117).
A copy of the Duke Energy Company application, pertinent drawings, and a location map are
enclosed for your use.
We look forward to hearing from you at the earliest time possible.
Sincerely,
Leah Smith
Sales and Project Manager
State of North Carolina
Department of Environment Quality
DWR Division of Water Resources
Division of Water Resources 15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization
FORM: SSGP 10-2013
Shoreline Stabilization Application Form
Three copies of the application (including attachments) and the application fee should be sent
to:
Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Applicant Information [15A NCAC 02H .0502(a)]
1. Owner Information
Name: Fernbrook HOA
Mailing Address: PO Box 4636
Mooresville, NC 28117
Telephone Number: 704-488-9929 Fax Number:
E-mail Address: tcdarragh@gmail.com
2. Agent/ Contact Person Information
A signed and dated copy of the Agent Authorization letter (a form can be downloaded here:
http://www saw usace army mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTH
ORIZATION FORM.pdf) must be attached if the Agent has signed this application form.
Name: Leah Smith
Company Affiliation: Rowboat Dock and Dredge
Mailing Address: 858 Williamson Road
Mooresville, NC 28117
Telephone Number: 704-663-3478 Fax Number:
E-mail Address: (smith@therowboatcompany.com
Person to receive the Certification Approval: Leah Smith
II. Project Information [15A NCAC 02H .0502(a) & (b)]
1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with
respect to local landmarks such as towns, rivers, and roads.
2. Provide a detailed site plan showing property boundaries and proposed locations of
vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces,
FORM: SSGP 10-2013
Page 1 of 3
etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations,
and construction access corridors. You may use the diagram provided at the end of this
application form.
3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale
of some sort- a yard stick, shovel handle, etc.)
4. Location of the property (where work is to be conducted)
County: Iredell Nearest Town: Mooresville
Subdivision name or site address (include phase/lot number): Fernbrook Lot 27
104 Fernbrook Drive Mooresville, NC 28117
Directions to site - please include road names and numbers, landmarks, etc.:
177 N to Exit 35, take a left onto Brawley School Rd, right onto Oak Tree Rd, right onto
Fernbrook Dr.
Latitude (in decimal degrees) 35. 585 aQLt> Longitude (decimal degrees) — s® .?d 1-4
5. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): Residential Marina and private residential
6. Property size (acres): Fernbrook Lot 27 0.40 acres
7. Lake/ river/ ocean adjacent to property: Lake Norman
8. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): N/A
9. Will work be conducted from land? ❑ From water? ❑x
10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.)
below the normal pool lake level/ Normal Water Level in square feet or acres:
Q.ol 1—luCs
11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining
walls, etc.) above the normal pool lake level/ Normal Water Level and 50 feet land -ward in
square feet or acres: ) 0.
12. Please describe the vegetation above the normal pool lake level/ Normal Water Level and
50 feet landward to be impacted (number of trees, for instance): no disturbance
above normal pool nor in 50ft landward
Owner/Agent's Signature
Fernbrook HOA I I
Printed Name
(15A NCAC 02H .0502(fll
Agent's signature is valid only if an authorization letter from the owner is provided.
FORM: S5GP 10-2013
0
Page 2 of 3
Full Pond/
Normal %A/;;ter I PUPI
SI
La ke
(At Full Pond/ Normal Water Level)
Please see attached drawings
Please approximately sketch the following information on this plan (provide dimensions for each
item, such as 10 ft x 100 ft)*:
1. All proposed vegetation clearing
2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation
3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation
4. Location of any proposed structures such as buildings, retaining walls, docks, etc.
5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation
6. Location of construction access corridors
FORM: SSGP 10-2013 Page 3 of 3
CATAWBA RIPARIAN BUFFER NOTIFICATION FORM
Project Name/address: Fembrook/104 Fembrook Drive Mooresville, NC 28117 County. . Iredell
Owner: Tom Darragh
Print Signature
Contractor/agent: Leah F. Smith 4,
Print
Signature
The approval is for the purpose and design described in your application. Impacts not indicated in the
application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A
NCAC 02H.0506 and 15A NCAC 02B.0243(8)]
Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless
approved. Exception, those trees that are severely undermined along the immediate shoreline can be
removed. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243
(6)]
Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically
approved by the Division. There are limitation on size for decks. [15A NCAC 02B.0243(4) and (6)]
Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The
work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction
material must be outside the buffer. [15A NCAC 02H .0502 and 15A NCAC 0213.0243 (4), (6), (8)]
Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater
discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or
sheet flow at non-erosive velocities to the lake. [15A NCAC 02B.0243(5), (6)]
Acknowledgement of Notification
1, Fembrook HOA Tom Darragh hereby state that I have been informed of the Catawba
Riparian Buffer Rule. Any work conducted in the buffer, not specifically stated in the application and approved
by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be
taken such that the construction will be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plan(s) and specification(s), and other supporting
materials.
Signature (owner): _ _ -�
Date: b ti z I
-taw of North Carolina I Environmental Quality ; Water Resources
=12 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 27699-1611
x19.707.9000
Duke Energy Excavation Permit Application Form
FOR DUKE ENERGY USE ONLY
Duke File No.
Application Fee $ Security Deposit $
Check # Date Recv'd Initials
Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date Ou Z7 i Initials X106-111
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By * :
Date Completion Required
Date Passed Closeout Inspection*
(Print)
Date of Any Approved Extension
Initials
Initials _
Date.
(Sign)
Initials
Any Stop Work Orders or SMG Violations*? (checkone) ❑Yes ❑No QrYes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Part I. Applicant Information (Please Print)
Name '�e>rnhrpoY_ t bOf Telephone to �- Oji a�'t
Email address: -"�-C- d d-� �cto�h �' e,�aa \ • c�u.�
Lake Address Mailing Address (if different)
Mc% Drigt. Pct box LW -.2".
M ooctbo'1 \-e- , fs t- 03111 QR i 0
Contractor Company R�W4�o� -E l7oc �c 3 Teed cA
Contractor Contact Person 1 _e_" ' 5..,..; Telephone (jq) (.(.3- 34`l g
Contractor Email Address: LD.:A-h PN�erowhoa-E cow.�aau Lew.
LAKE LOT INFORMATION
Lake -10^ County Y ce.de.l\ City ff)uoctsg-�l 1&, State 1 _ Tax Map No. zl V3113o �- 3
Subdivision Lot / Section No. Q -1 Lot Size o •%A Acres
Duke Energy Page 4 of 14 rev 6/20/17
Excavation Program.
Duke Energy Excavation Permit Application Form
Are there any Co -Applicants*? (check one) ®Yes ❑No (If Yes, include names, addresses or
lot numbers, phone numbers, lot sizes in PART V — ADDITIONAL INFORMATION)
* Co -Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project, and is done to benefit multiple
owners / lease holders of Project -front properties within a single development. The check for the
application filing fee and security deposit should be from the party shown as Applicant and not
several checks from the Applicant and Co -Applicants.
Do not continue the application until an on-site inspection has been conducted between a
Duke Energy Lake Representative and the applicant and/or the excavation contractor.
NOTE: Initializing this portion of the application by a Lake Representative in no way
constitutes approval or eminent approval of the excavation or any other lake use permitting
activity.
Date of on-site inspection DU 'Z-1 1-1
Initials (Duke Energy) JP_QiJ_ (applicant/contractor)
Duke Energy Page 5 of 14 rev 2/6/17
Excavation Program
Duke Energy Excavation Permit Application Form
Part II. Description of Project
A. Basic Info
1. Type of excavation: (check one) WNew excavation ❑ Maintenance excavation
2
Purpose of excavation: (check one)
❑ Water Intake Channel
❑ Other (spec):
Boat Access Channel
❑ Wastewater Discharge Channel
3. Lake user category: (check one) 4dPrivate QResidential Marina
❑Commercial Marina ❑Public
❑Other (specify):
4. Max. Excavation Area Dimensions (ft): Length /3 Width -i5--
Depth� ai cA*Cj % cd dry i. "J
(Note: include additional area dimensions if necessary so response to 95 below equals max. area
dimensions in #4)
5. Volume of Excavated Material (TOTAL for the project): t 1, S o o Cubic yards
6. Type of material removed (applicant determines by field sample if practical):
Gla
7. Excavation Site area: . 5D Acre (s) Disposal Site area: _ ,.,a5 Acre
(s)
8. Total Disturbed Area (including equipment staging area): 0..9 Acre (s)
9. Does thy project meet the requirements of the applicable General Permit? (check one)
19yes ❑No
10. Do you claim title to the disposal area? (check one) 6Yes ❑No
11. Do you claim title to the equipment staging area? (check one) dyes ❑No
12. Are there any water-treatm�e}t facilities within 50 feet of the proposed excavation area?
(check one) ❑ Yes ao
(If Yes, specify):
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached
erosion control plan and disposal area design): re,i!y-%
Duke Energy Page 6 of 14 rev 6/20/17
Excavation Program.
Duke Energy Excavation Permit Application Form
14. Type(s) of excavation equipment to be used: hyd�Ul�c_ D:>O
15. Will waters or wetlands be crossed in transporting equipment to or from the site?
(check one) ❑Yes ul�o
(If yes, explain)
16. Will return water re-enter the reservoir? (Check one) N(Yes ❑No ❑N/A
(If Yes, speck points) of re-entry and show on Excavation Area Drawing) 5e e x-11 a.c k,e_cl
c ra.,=, � C% 5
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the
excavation? fes ❑No
(If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed
facility). Permit #
18. Total planned duration of the work (Include first equipment mobilization, excavation
through final mitigation measures complete):
START I-/ %--1 FINISH 2L / 19
(Month) (Year) (Month) (Year)
Duke Energy Page 7 of 14 rev 6/20/17
Excavation Program.
Duke Energy Excavation Permit Application Form
Part 11. (Continued)
B. Protection / Avoidance Area Description
Complete the following table including all land areas within and immediately adjoining the disturbed area:
Protection/Avoidance Areas
(check all that apply)
Aoprox
I entification
Method *
Avoid W or Mitigatem
Acre
Field ID
Work AMLRMX ID
a. Marshland, swamp, ponds, beneficial
aquatic vegetation or other potential wetlands
(circle all that apply)
b. Buffer Zones (specify width & source
of requirement)
c. Environmental Areas as identified by
Duke Energy
d. Natural Areas as identified by Duke
Energy
e. Historic properties (specify)
f. Rare or threatened species (spec)
Duke Energy Page 8 of 14 m 2/6/17
Excavation Program
Duke Enemy Excavation Permit Awlication Form
Protection/Avoidance Areas
(check all that apply)
Avorox
I tificatio
Method *
Avoid (A) or Mitigate (M)
Acre
Fiel ID
Work Area Dwa. ID
f�
g. Buried gas, water, sewer,
communications or electric lines (circle)
h. Impact Minimization Zones as
identified by Duke Energy
L Other areas requiring specific
avoidance, protection or mitigation (specify)
* For "Field ID" column, specify entity or person that performed the identification and how it was physically marked (e.g. Duke
Energy (John Doe)/Pink and purple -dotted tape, Corps of Eng. (John Smith)/ yellow flagging). For "Work Area Dwg ID" column,
show the symbol that is used on the drawings to identify the protection/avoidance area.
** List and attach mitigation plans
Duke Energy Page 9 of 14 re, 2/6/17
Excavation Program
Map created 11/21/17
O,Cl Acre impacted on Lake Norman
Rcri (marina) Lat. 35.585220 Lon. -80.891465
Descriptions of Dredge Cut Profiles
The scope of this dredging event is to remove sediment that has accumulated under certain boating
structures to provide boating access to Lake Norman. Works will be performed by using a swinging
ladder cutter head, suction dredge that will pump the sediment into an upland retainage basin, the
details of which are included with this permit application. The location of the retainage basin is shown
on the attached drawing, which also includes the general routing of the pipeline (bold yellow). At all
times, a minimum of 2 feet of freeboard will be maintained in the retainage basin. This may require the
periodic dipping or excavating of the basin.
1. SHOWN IN RED: Fernbrook Marina (maintenance of existing): Works involves the hydraulic
removal of approximately 900 cubic yards of sediment under both dock clusters. Dock clusters
will be removed and reset after the dredging event is completed. Depth of cut is 11.5 measured
from full pool. Impacted area .27 acres
2. • 1 Knight personal dock (maintenance of existing). Works include the
hydraulic removal of approximately 150 cubic yards of sediment under the dock, including the
approach. Depth of cut is 8.5 feet measured from full pool. Impacted area is .0459 acres.
3. SHOWN IN BLUE: Larsen/Camp Joint use dock (maintenance of existing). Works include the
hydraulic removal of approximately 200 yards of sediment in the approach channel and under
the dock. Dock will be relocated and reset after the dredging event is completed. Depth of cut
is 8.5 feet measured from full pool. Impacted area .0918 acres.
4. SHOWN IN RED: Crosswhite residential dock. (maintenance of existing) Works include the
hydraulic removal of approximately 100 cubic yards of sediment from under the dock, which will
be relocated and reset after the dredging event. Depth of cut will be 8.5 feet measured from
full pool. Impacted area is .0207 acres.
5. SHOWN IN GREEN: Thompson residential dock. (maintenance of existing). Works include the
hydraulic removal of approximately 150 cubic yards of sediment from the approach and the area
under the dock. Dock will be relocated and reset after the dredging event is completed. Depth
of cut will be 8.5 feet, measured from full pool. Impacted area is .069 acres.
Desian Specifications of Retention Basins
1. Best management practices BMP will be utilized in the construction and maintenance of Basins.
2. If more than one acre of upland is disturbed, then an erosion control plan will be submitted to and approved by the
appropriate state and local authorities.
3. The location selected for the Retention Basins will be such that they can be maintained during the dredging event.
4. Silt fence will be installed around the perimeter of the basins.
5. Two- chambered basins will include a primary collection chamber and a secondary polishing chamber.
6. Basins will be constructed in a rectangular configuration such that the length of the basin is at least twice the width.
7. Internal baffles constructed of compacted earth, turbidity curtain or silt fencing will be installed to increase the travel
distance of the water through the polishing collection chamber.
8. Water discharge from the primary to the secondary chambers will be by gravity through a corrugated steel pipe embedded
and compacted into the retaining berm between the primary and secondary chambers. This discharge pipe will be
equipped with a water -stop or anti -seep device.
9. Return water from the secondary polishing pond will be hard piped back into the water body being dredged.
10. The capacity of the primary collection chamber will be sufficient to contain 130% of the volume of material being dredged.
11. At all times, a minimum freeboard of 2 feet will be maintained in the sediment basins.
12. Unless the contract specifies otherwise, the basins will be backfilled, rough graded and seeded with seasonal grasses.
13. The pertineter sift fencing will remain in place until the grass has rooted.
-- -- -- --- PLAN VIEW
— =--\J OU ME CA -1-.c. v upAn0 \ X _ �— D = cub