HomeMy WebLinkAbout20041139 Ver 1_COMPLETE FILE_20040629Ct?O? W H Fi9Q
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
October 29, 2004
DWQ Project # 04-1139
Iredell County
Page 1 of 2
Patrick Burke
PO Box 3841
Mooresville, NC 28117
Subject Property: Lot 9, The Estate on Lake Davidson, Davidson, NC
Catawba River (Lake Norman/Lake Davidson) [03-08-32, l l-(75), WS-IV B CA]
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B.0243) with Additional Conditions
Dear Mr. Burke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.016 acres of waters and 900 squire feet (ft2) of protected riparian buffers for the
purpose of constructing a 15-foot wide access road, 14' wide x 50' long boat ramp and a 3-foot wide walkway at the
subject property, as described within your application dated August 36', 2004. After reviewing your application, we
have decided that the impacts are 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 to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
This approval is 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.
This approval requires you to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.016 (acres) 14' x 50' boat ram
Buffers 900 (square ft.) Walkway & Access Road
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands
Noy` Caro ina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Patrick Burke
Page 2 of 2
October 29, 2004
2. 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 2B .0243(5).
3. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA
Permit.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certific to (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. Theirector'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,
'Alan W. Klimek, P.E.
AWK/bz
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
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
Filename: 04-1139
NOV 0 3 2004
ANDS DENR. QUALITY
WETLANDS AND STORMWATER BRANCH
BUILDER • DEVELOPER
November 11 2004
North Carolina Department of Environment and Natural Resources
Mr. John Dorney
2321 Crabtree Boulevard
Raleigh, NC 27604
RE: Lot 9, The Estate on Lake Davidson (DWQ # 04-1139)
Dear Mr. Dorney:
Per your letter of August 16, 2004, we have supplied the information you
have requested and will make the revisions to the project that you require.
Also, a PCN is enclosed reflecting the changes to the Walkway and the
Access Road. Previous correspondence from your department concerning
the project is enclosed as well as information about the Access Ramp from
the Duke Power application.
1. The walkway will be downsized to less than 150 square feet.
2. The Access Road will be downsized so that the impacts to the buffer
will not exceed 15 feet in width.
3. Please see the enclosed description of the Boat Ramp installation
taken from the Duke Power application. Impacts to the waters of
Lake Davidson will be minimal.
Please let us know if any other changed need to be made or you need
additional information. You may call Pat Burke at 704-361-0047 or Buz
Cobb at 704-634-4306.
Be regards,
at Burke, Burke Builders
0 wG William G. Ross Jr., Secretary
\
L? North Carolina Department of Environment and Sl&W%% Rest -- s
> -i
0
Alan W. Klimek, P.E. Director
Division of Water Quality
August 16, 2004
DWQ Project # 04-1139
Iredell County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Patrick Burke
P.O. Box 3841
Mooresville, NC 28117
Subject Property: Lot 9, The Estate on Lake Davidson, Davidson, NC
Catawba River (Lake Norman) [03-08-32,11-(75), WS-1V B CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Burke:
On June 29, 2004, the Division of Water Quality (DWQ) received your application dated June 23, 2004 to
impact 23 feet of shoreline and 1,150 square feet (ft) of protected riparian buffers to construct the
proposed walkway and gravel access road. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetland, streams and/or buffers on
the subject property. Therefore, unless we receive the additional information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0243(8) and
will place this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Walkway - Please revise your plans such that the proposed elevated walkway impacts less than 150
square feet of buffer.
2. Access Road - You have proposed an 18-foot wide access road. Please revise your plans such that
impacts to the buffer do not exceed 15 feet in width.
3. Boat Ramp - It is unclear whether you will be proposing any impacts to waters associated with the
boat ramp. Please clearly describe any impacts to waters associated with the boat ramp. Please note
that an application fee may be required if impacts are proposed.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Alan Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
401 Wetlands Cert f=§Dn unit
1650 Mal Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: 919.733-1786 / FAX 919-73343893 / lnk met http:/Wo enr state.nc.us/hcwetlandS
Jo Carolina
Rurally
An Equal Opportur ty/Affirmative Action Employer- 50% Recyded/1o% Post Consumer Paper
Page 2 of 2
August 16, 2004
authorized (at this time) by the DWQ. Please call Mr. Danny Smith at 919-733-9721 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
*oDo? 'ly,
ey,
etl ands / 40 Unit
JRD/bz
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 041139
The following is an abbreviated application form for those applying for a 401 Water
Quality Cerrtifica&m 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 S -42r r4" i-? -
/_.akk Da?1dw-
I. Applicant Information
1. OwnedApplicant Information
Name: et-r- t &(rkr-,
Mailing Address:_ 6 O "1
/ AJre s yr l to . A/ C
V,
'ble Telephone Number:.? 6 / d ? Fax Number.
E-mail Address:
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: lit / ft
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..Tle d p Nearest Town: Q +/ t CAS 0)-, Al C.
Subdivision name or site address (include phase/lot number):1 /?Q Fs ?,?t. LakQ 1 tv i d S?
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): f rTpm 61\4 c o* ? IV*Orl-k 1)
A ._
2.1- 1 .-7 N,.: 1,0 r 44.-. R-A _ B1-1,4A--r
t rr. r of U Cc c(' e S S -? l?Q r-, V o-c =
2. Describe the existing land use or condition o the site at the
application n 0 r\ - d-e v-c iVe I A/ J 0 d 0IJ -?Y
of this
3. Property size (
10 4- 06f.0 %s a.- 6 qF a c -
4. Nearest body of water (stream/river/sound/ocean/lake): L4e DA i/ i cl so;-
5. Describe the purpose of the proposed
J 4-A r
-?m e r u - 3( ?Q r+N -F-il?? r?or
is r5 `xS?'.? ?d4p r
6. List the type of equipment to be used to construct the project: J e
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: GJI1Cr *+
1-('x 50 4-X;, d r l Z, c/f'i •,d 3. O
0.DtG If,
8
a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal I lake level and 50 feet land-ward in
square feet or acres: " r v r v ? .. = ID, 61-7 ac I,UC
D. Od 3 ac F, `11 .?f f"oa d- irr a -f?'Pr Wi 11 bat
tsx' S,3 `x .s?-?k = 13, S, Ya 3
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): one- - /
d a m P-It r Z yrve -1 - / CZ 4-rP-P I g '` r v?
ApplicaKt/Agenes Signature vate
(Agent's signature is valid only if an auth6rization letter from the applicant is provided.)
- - , _ n w I
j 4.-r
ran
iyXS?
x.616
ac .
1 finj
Please approA mately sketch the fOMOV*W irhfonma f#M on this .plan
(please 11w1ovi le diepeth-I - - - for each KWUx such as 10 ft x 100 ft):
?1) All proposed vegetation dewft WOVWe dimensions).
?2) Location of rip rap or fill to be placed above the Firs Pond -elevation - n 6 n e
-13) Location of rip rap or fill to be placed below the Full Pond elevation h b n
,A) The location of any proposed skmt res such as dings, , cWting
walls, docks, etc.
,,-Sy The location of any excavation or dredging below the M POW no d re d S i h C.
elevation. J
i6) Location of conshr Lion access corridom
r
? Ct ?? ?Qe s 1?? 1 S rx .Sd t- oa ji,ti/? -CfeQ rIn? are t v? c? i a w? e "fPr ,st ?c ?? ?' ,c? v? 1 y " d arm ?'f-PY 6 fi'r'?e
h -Q CJ r.,?C -h'?Q ?1 F y. v n e ,3- , ? . e . 3 f ?P?? ?J<2c
-c-r0vw- -i( ?ah? P(.pv? ?v?.
_ tl L
IVA
Ob q-0
3
z
kn '
,u-L40() -00F
L
?I
004MO0?e 1V1 ?3C} L`Gqu ? fide L ? LO
VI
?' 1 .00'fi t 1?9?'?
i-4 1. a( ti Y 4? 3
Ao,
61,
k-4 Ld IT,
9e q
4.tT ? ? ? ?_ --tea
.6..4 ?1 iysbm` tC3? 1.7?yer 1 fd?pa? ,° ?p c-9
o
p !}4]e? yam ?[
t?," V) a
®?,?.? ®?? .,? a o? • ? 4 ,
i e•-?aL ?Q? Gam, ? ?
4. A detailed written description and a technical drawing of the facilities to be
constructed including a discussion of the proposed action.
The nine-slip facility will be located on Lake Davidson, a 385-acre impoundment of
Lake Norman, and will consist of a stationary pier, a ramp and docking locations for 9
boats. The part of the facility that includes the slips will be parallel to the shoreline and
will have six double loaded slips 20-feet wide. Each double slip will be for 2 boats.
There will be 3 docking locations located on the shoreward side of the slips. The
stationary part of the pier will be 6 feet wide. The walkway around the slips and the
ramp to the slips will be 4 feet wide. The slip berths will be 18 feet deep and 20 feet
wide. The slip fingers will be 4 feet wide. Floatation will be of the black encapsulated
type and pilings will of the treated type for marine use and driven to refusal.
The concrete boat ramp will be approximately 14 feet wide and 50 feet long. To avoid
exposing living organisms from coming in contact with raw concrete, one of two
methods of constructing the boat launch ramp will be utilized. One method will be to
form the ramp on land and push it into the lake. The other would be to form a
cofferdam with sand bags and pour the ramp within the dry confines of the cofferdam.
Safety will be paramount in all phases of pier and ramp construction. The pier will be
constructed on site and close to the shorelines, then floated into place and secured with
pilings. Particular attention will be given during construction to prevent any loose
materials from floating away from the site. Reflectors will be installed on the outer
edges of the slips to aid in visibility of the structure at night.
Products View Carr Registration Support Downloads Online 1?aps Company Search
Maptech MapServer Maps and Charts: View FREE USGS Topo Maps, NOAA Nautical Charts, Aerial Photos_GPS Navigation Software.
ENTER CITY OR PLACE NAME --
LV1
SELECT STATE
ILI "z-
OR ENTER ZIP CODE ?` ti `??. i i..,J-°" } S ) _ ' J' P `?? 1•
fn' rn-,lf-mil
-7•
? ? `? r =?; ?_
Innovative n f,f t? a r1 -" C reek
Intuitive
Integrated
:?? _??"?% ? '? l" t1z1 ? Sl?vitlcnn?rllk+av
Latitude
rt f r: ?11111tt0f1
Longitu ?9
Coordinates DMS - ??,mithy+f ;'`° _
FUN TOOLS-- •?.?' f ? `?' '` rtorne?ItlS f_•_
AllF,iet,4 F%4t-3 -j6-1 1 fei?:trlyb'It3Tir ;
Clid(To Zoom
Enter your email to register for
prize drawings and product
information:
l
(- 1:100,000 - 100-
Scale Zoom
Put Our MapServer to Work on Your Site! Display Topo Nlaps, Nautical Charts, High Altitude Photos, and T."mch More!
U-ne tweirv9 ,',V1
Lard 6ti"ages Miiarine Softiniarre GIS & Business So''-.--,E-e Aeronautical
Terrain Navigator Marine Navigator ArcGIS from ESRI 1 VFRIIFR AeroPacks
Terrain Navigator Pro Digital Charts BusinessMAP from ESRI VFRIIFR AeroSims
GPS & Handhelds Contour 3D Charts Special Services FAA Paper Charts
National Park Digital Guide Offshore Navigator Pocket Navigator (Handheld)
Appalachian Trail GPS & Handhelds CPS & "andhelds
Waterproof Topo Maps Outdoor Navigator F7ecidl Servic ° ,
http://mapserver.maptech.com/homepage/index-cfm?lat--35.5087848&lon=-80.8625&scal... 4/12/2004
0O t
l CLV ` -
C lie
Q <
Alm W. Klimek, P.-, Director
Division of Water Quality
Coleco H. Sullins, Deputy Director
Division of Water Quality
April 20, 2004
Iredell County
DWQ Project #: 040593
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Patrick Burke
Post Office Box 3841
Mooresville, NC 28117
Subject Property: The Estate on Lake Davidson
Dear W. Burke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.016 acres of waters on Lake Davidson for the purpose of
constructing a concrete boat ramp to stabilize approximately 0.01 acres of buffers, as described within
your application dated April 9, 2004. After reviewing your application, we have decided that this fill is
covered by Nationwide Water Quality Certification Number 3373, which may be viewed on our
website at httn://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit
Number 198200030 when the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 or CAMA 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 except as
modified below. 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. 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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)
10101 711_ 17Rl. 1..1..,....1 01 O_711JGR01 1f;-% /httn•//th7n rnr cfttr nr ne/nruwthndc
mr. isurKe
April 20, 2004
2. The boat ramp can not act as a stormwater conveyance form upland areas to the surface waters.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 John Domey at 919-733-9646 or Bob Zarzecki at
919-733-9726.
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Buz Cobb, Shoreline Management Consulting, Post Office Box 251, Huntersville, NC 28070
Sincerely,
Burke
BUILDER DEVELOPER,
l3rsiJJ?.iq. '4 f?ozdbd/.1?t?wt?r!°s
May 1, 2004
Mr. Alan W. Klimek, P_E.
N. C. Division of Water Quality, Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27604-1650
RE: The estate on Lake Davidson Application
Dear Mr. Klimek:
Thank you for your prompt response letter concerning the application for The Estate on Lake
Davidson.
In response to the two conditions in your letter dated April 20, 2004, Burke Builders agrees to
complete the "Certification of Completion Form" to notify that all the work included in the 401
Certification has been completed.
Burke Builders will also not allow the boat ramp to act as a stormwater conveyance from upland
areas to surface waters.
If you have any further need to contact us, you may call 704-662-0047.
Best regards,
Patrick Burke
Burke Builders
?Q' G North Carolina Department of Environment and Natural Resources
1 r
? Alan W. Klimek, P.E., Director
r Division of Water Quality
Colleen H. Sullins, Deputy Director
Division of Water Quality
April 20, 2004
Iredell County
DWQ Project #: 04-0593
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Patrick Burke
Post Office Box 3841
Mooresville, NC 28117
Subject Property: The Estate on Lake Davidson
Dear Mr. Burke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.016 acres of waters on Lake Davidson for the purpose of
constructing a concrete boat ramp to stabilize approximately 0.01 acres of buffers, as described within
your application dated April 9, 2004. After reviewing your application, we have decided that this fill is
covered by Nationwide Water Quality Certification Number 3373, which may be viewed on our
website at httn://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit
Number 198200030 when the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 or CAMA 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 except as
modified below. 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. 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
M
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)
..u. ar uaa?v
April 20, 2004
2. The boat ramp can not act as a stormwater conveyance form upland areas to the surface waters.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404'and/or coastal Area Management Act Permit.
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 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 John Dorney at 919-733-9646 or Bob Zarzecki at
919-733-9726.
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Buz Cobb, Shoreline Management Consulting, Post Office Box 251, Huntersville, NC 28070
Sincerely,
"Vftt-
Burl?c?
BUILDER DEVELOPER
Qu:ld?y s4?fo3da,dl°L's?sstYles
August 30, 2004
WETLANDS/ 401 GROUP
ftU 3 1 2004
WATER QUALITY SECTION
North Carolina Department of Environment and Natural Resources
Mr. John Dorney
Division of Water Quality/ 401 Unit ' s
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Lot 9, The Estate on Lake Davidson
Catawba River (Lake Norman) [03-08-32, 11-(75), WS-IV-B-CA]
Dear Mr. Dorney:
Per your letter of August 16, 2004, we have supplied the information you have requested
and will make the revisions to the project that you require. Also, a PCN is enclosed
reflecting the changes to the Walkway and the Access Road. Previous correspondence
from your department concerning the project is enclosed as well as information about the
access ramp from the Duke Power application.
1. The elevated walkway will be downsized to less than 150 square feet.
2. The Access Road will be will be downsized so that impacts to the buffer will not
exceed 15 feet in width.
3. Please see enclosed description of the boat ramp installation taken from the Duke
Power application. Impacts to the waters of Lake Davidson will be minimal.
Please let us know if any other changes need to be made or you need additional
information. You may call Paf Burke at 704-361-0047 or Buz Cobb at 704-634-4306.
Best regards,
Patrick Aurke
44-
Burke Builders
cc: Mr. Alan Johnson, DWQ Mooresville Regional Office
W ATE
RQG
0?0F
' Michael F. Easley, Governor
r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 16, 2004
DWQ Project # 04-1139
Iredell County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Patrick Burke
P.O. Box 3841
Mooresville, NC 28117
Subject Property: Lot 9, The Estate on Lake Davidson, Davidson, NC
Catawba River (Lake Norman) [03-08-32, l l-(75), WS-IV B CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Burke:
On June 29, 2004, the Division of Water Quality (DWQ) received your application dated June 23, 2004 to
impact 23 feet of shoreline and 1,150 square feet (ft) of protected riparian buffers to construct the
proposed walkway and gravel access road. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetland, streams and/or buffers on
the subject property. Therefore, unless we receive the additional information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H.0506 and 2B .0243(8) and
will place this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Walkway - Please revise your plans such that the proposed elevated walkway impacts less than 150
square feet of buffer.
2. Access Road - You have proposed an 18-foot wide access road. Please revise your plans such that
impacts to the buffer do not exceed 15 feet in width.
3. Boat Ramp - It is unclear whether you will be proposing any impacts to waters associated with the
boat ramp. Please clearly describe any impacts to waters associated with the boat ramp. Please note
that an application fee may be required if impacts are proposed.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Alan Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-1786 / FAX 919-733-6893 / Internet: htti)://h2o.enr.state.nc.us/ncwetlands
None hCarolina
Kati malty
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Patrick Burke
Page 2 of 2
August 16, 2004
authorized (at this time) by the DWQ. Please call Mr. Danny Smith at 919-733-9721 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
'ly,
*ncere
1
o ey,
We
tlands / 40 Unit
JRD/bz
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 041139
O0 vv n / CRpG
?F
r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Colleen H. Sullins, Deputy Director
Division of Water Quality
April 20, 2004
Iredell County
DWQ Project #: 04-0593
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Patrick Burke
Post Office Box 3841
Mooresville, NC 28117
Subject Property: The Estate on Lake Davidson
Dear Mr. Burke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.016 acres of waters on Lake Davidson for the purpose of
constructing a concrete boat ramp to stabilize approximately 0.01 acres of buffers, as described within
your application dated April 9, 2004. After reviewing your application, we have decided that this fill is
covered by Nationwide Water Quality Certification Number 3373, which may be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit
Number 198200030 when the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 or CAMA 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 except as
modified below. 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. 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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)
10101 711_17R/, 1.6..,,01 010_711-6R01 /f rl /hnn•//h7n enr crate nr nc/nrvMHan`[c
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
?r
1. Applicant Information
1. Owner/Applicant Information
Name: a 'fir 1
Mailing Address: o
i 60 r-,- S yr
u 'S c? "~
L.ak-k 7u?t?as??- ?v.
B%trk C-1
C
Telephone Number: 7 6 / OdLO Fax Number:
E-mail Address:
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.)
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: .Tre Ile 0 Nearest Town: b a ? I CAS 0?, V
?.,
Subdivision name or site address (include phase/lot number):1 hQ Fs d O "0 (.41"e- Cap, J Se
Directions to site please include mad numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):Fr'prm 61wc-1 nip
%+ I %K S dw
r 1.-7 ini* S -bo 6ri,JcQs t'--are- Q4. G0
T:?crw_ roc +0 a ce%e5s -khe ?-4) , C_?=
2. Describe the existing land use or condition ofthe site at the
annlication: h 0h - APve- looe ? iAIi)od o d 4-r
3. Property size (
1v? Ootq) i
ii -s;-, C_-vol -"
't ot- 36d`
e of this
v.?f 1 C7 c
4. Nearest body of water (stream/river/sound/ocean/lake): Lah DQ U i ,j s o
5. Describe the purpose of the proposed
!.s ' L' )e
- .3'xgT. c
rd
is lS `k,5o: '
6. List the type of equipment to be used to construct the project: a_ J _ P a Pr
7. Amount of impact (including all excavation, backfill, rip rap, retaining wall ,
etc.) below the normal pool lake level in square feet or acres: GJhc be a
0 .D l G Qc
8
a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal ?ool lake level and 50 feet land-ward in
square feet or acres: r r v - K = Z) . ! a ' We
0, 063 ac r, •I I - ? roar cr a 4 "-IOPK Wi 11 b
IEY Sc) k .s4A «k = 13.8'yd s
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): " v n - W to l1
p - ?J - C) ?(
S_
ApplicaMt/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
t h e s' '2 6 V- Lezk-,- 0 A v
?.b16
I pfjnd -
,,?jr
Please approximately sketch the following information on this plan
(please provide dimensions for each Item, such as 10 it x 100 ft):
1) AN proposed vegetation clearing (provide dimensions).
2) Location of rip rap or fill to be placed above the Full Pond elevation - n S n e
?8) Location of rip rap or fill to be placed below the FLA Pond elevation h b n e
?4) The location of any proposed structures such as buildings, retaining
wags, (1odos, etc.
3) The location of any excavation or dredging below the Full Pond n u J re d C i h C
elevation. ? J
i0) Location of construction access corridors.
J r / if
Cc l? -t?eQs /n I ? x .S70 ?-?a??v?? ? leQrl?y ire
v e?f ?"Y? P (f i v,-- 3 1 'T Pef back
4. A detailed written description and a technical drawing of the facilities to be
constructed including a discussion of the proposed action.
The nine-slip facility will be located on Lake Davidson, a 385-acre impoundment of
Lake Norman, and will consist of a stationary pier, a ramp and docking locations for 9
boats. The part of the facility that includes the slips will be parallel to the shoreline and
will have six double loaded slips 20-feet wide. Each double slip will be for 2 boats.
There will be 3 docking locations located on the shoreward side of the slips. The
stationary part of the pier will be 6 feet wide. The walkway around the slips and the
ramp to the slips will be 4 feet wide. The slip berths will be 18 feet deep and 20 feet
wide. The slip fingers will be 4 feet wide. Floatation will be of the black encapsulated
type and pilings will of the treated type for marine use and driven to refusal.
The concrete boat ramp will be approximately 14 feet wide and 50 feet long. To avoid
exposing living organisms from coming in contact with raw concrete, one of two
methods of constructing the boat launch ramp will be utilized. One method will be to
form the ramp on land and push it into the lake. The other would be to form a
cofferdam with sand bags and pour the ramp within the dry confines of the cofferdam.
Safety will be paramount in all phases of pier and ramp construction. The pier will be
constructed on site and close to the shorelines, then floated into place and secured with
pilings. Particular attention will be given during construction to prevent any loose
materials from floating away from the site. Reflectors will be installed on the outer
edges of the slips to aid in visibility of the structure at night.
Q a =?
L01400,00 U-)
,0Q, MOO ?At i ??' cam' r ?-
m 4#0
0. Lt-00 N
CT tj h .40'1t\.91'b'Z?.?-- Ilk-
04
tV ®,J ?- °?1 0 3
jr)o C4
$?• t ?' ,
?O ate ?-
ui 4.79
.
l , Of
2:j U'R
ell
iT U V.L CA
o n o 00 C-A z
G) C4
w }
04
,?
: ;
0*4
C-q
00
iviaptecn iviapoerver - vntme topo tvtaps, tVauucitt k,narts, hero i narts, ana iNav rnotos rage 1 or
THE M V( b9c) Al
"ts. l Products View Cart Registration Support Downloads Online Maps Company Search
Maptech MapServer Maps and Charts: View FREE USGS Topo Maps, NOAA Nautical Charts, Aerial Photos. GPS Navigation Software.
ENTER CITY OR PLACE NAME r :n.i,,ti:.:l
SELECT STATE t - !
OR ENTER ZIP CODE
I movative
Intuitive
Integrated
Latitude !,j
Longitude :;rl
Coordinates DMS
----FUN TOOLS------- -
R Ir
45, i ?
fftlebc
Field
IRED,?L?, Cb ?c ?,
--?_.
- -:?
CKLEI`t?3?KG co (ark
o??st3-20Q4.t.t,
AH 12i?dts4eserVEd Not F?i
111119- 7 '; ` D%M&on
Q 1:24,000 - 100x/ -
Click To Zoom Scale Zoom
Enter your email to register for
prize drawings and product
11-1 . P I `.,I A information: •
M
Put Our MapServer to Work on Your Site! Display Topo Maps, Nautical Charts, Nigh Attitude Photos, and Much More!
Maptech Product Lime Overview
Land Maps Marine Softw are CIS & Business Software Aeronautical Software
Terrain Navigator Marine Navigator ArcGIS from FSRI VFR/IFR AeroPacks
Terrain Navigator Pro Digital Charts RUslnessMAP from FSRI VFR/IFR AeroSims
GPS & I landhelds Contour 3D Charts Special Services FAA Paper Charts
National Park Digital Guide Offshore Navigator Pocket Navigator (Handheld)
Appalachian Trail GPS & Ilandhelds GPS R Handhelds
Waterproof Topo Map,
.W -- ._ _ r, _ _ I . _
o r.,_ _ .?._ Outdoor Navigator Special Services
http://mapserver.maptech.comlhomepagelindex.cfm?lat=3 5.5127158&lon=-80.84889&sca... 2/26/2004
? Lv
(0?'-e
L 0
z4z,,"&f?
wir. isurKe
April 20, 2004
2. The boat ramp can not act as a stormwater conveyance form upland areas to the surface waters.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 John Dorney at 919-733-9646 or Bob Zarzecki at
919-733-9726.
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Buz Cobb, Shoreline Management Consulting, Post Office Box 251, Huntersville, NC 28070
Sincerely,
Burke
BUILDER • DEVELOPER
May 1, 2004
Mr. Alan W. Klimek, P.E.
N. C. Division of Water Quality, Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27604-1650
RE: The estate on Lake Davidson Application
Dear Mr. Klimek:
Thank you for your prompt response letter concerning the application for The Estate on Lake
Davidson.
In response to the two conditions in your letter dated April 20, 2004, Burke Builders agrees to
complete the "Certification of Completion Form" to notify that all the work included in the 401
Certification has been completed.
Burke Builders will also not allow the boat ramp to act as a stormwater conveyance from upland
areas to surface waters.
If you have any further need to contact us, you may call 704-662-0047.
Best regards,
Patrick Burke
Burke Builders
\OW A7- co
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 20, 2004
Iredell County
DWQ Project #: 04-0593
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Patrick Burke
Post Office Box 3841
Mooresville, NC 28117
Subject Property: The Estate on Lake Davidson
Dear Mr. Burke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.016 acres of waters on Lake Davidson for the purpose of
constructing a concrete boat ramp to stabilize approximately 0.01 acres of buffers, as described within
your application dated April 9, 2004. After reviewing your application, we have decided that this fill is
covered by Nationwide Water Quality Certification Number 3373, which may be viewed on our
website at htti)://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit
Number 198200030 when the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 or CAMA 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 except as
modified below. 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. 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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.state. nc. us/ncwetlands
Page 2
Mr. Burke
April 20, 2004
• 2. The boat ramp can not act as a stormwater conveyance form upland areas to the surface waters.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 John Dorney at 919-733-9646 or Bob Zarzecki at
919-733-9726.
JRD/bs
• Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Buz Cobb, Shoreline Management Consulting, Post Office Box 251, Huntersville, NC 28070
0
Sincerely,
?OF W ArFRQ Michael F. Easley, Governor
A G William G. Ross Jr., Secretary
Cq r North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
August 16, 2004
DWQ Project # 04-1139
Iredell County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Patrick Burke
P.O. Box 3841
Mooresville, NC 28117
Subject Property: Lot 9, The Estate on Lake Davidson, Davidson, NC
Catawba River (Lake Norman) [03-08-32, l l-(75), WS-IV B CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Burke:
On June 29, 2004, the Division of Water Quality (DWQ) received your application dated June 23, 2004 to
impact 23 feet of shoreline and 1,150 square feet (ft2) of protected riparian buffers to construct the
proposed walkway and gravel access road. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetland, streams and/or buffers on
the subject property. Therefore, unless we receive the additional information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H.0506 and 2B .0243(8) and
will place this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Walkway - Please revise your plans such that the proposed elevated walkway impacts less than 150
square feet of buffer.
2. Access Road - You have proposed an 18-foot wide access road. Please revise your plans such that
impacts to the buffer do not exceed 15 feet in width.
3. Boat Ramp - It is unclear whether you will be proposing any impacts to waters associated with the
boat ramp. Please clearly describe any impacts to waters associated with the boat ramp. Please note
that an application fee may be required if impacts are proposed.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Alan Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/nowetlands
Non`hCaro ina
Natutalllrl
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Patrick Burke
Page 2 of 2
August 16, 2004
authorized (at this time) by the DWQ. Please call Mr. Danny Smith at 919-733-9721 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
I
o Do ey,
D Q, Wetlands / 40 Unit
JRD/bz
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 041139
DWQ# C/ Date ? vl ? t Who Reviewed:
Plan Detail Incomplete d'a'("JW'?tA J / 5
? Please provide a location map for the project. e ;v / v / U YS h l
'"?'
? 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 St
? 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 the proposed 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.
7
IL
C
J
G J
AV '+-eli
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
441139
1. Applicant information
1. Owner/Applicant Information
Mailing
2
Telephone Number-
E-mail Address:_
Fax Number:
Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent hai atory authority for the owner/applicant-)
Name: lil
Company Affiliation:
Mailing Address:
Telephone Number_ Fax Number.
E-mail Address:
11. Project Information
Attach a vicinity map clearly showing the location of thcoproperty 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
WETLANDS/ 401 GROUP
L
_f _I" 1 C_. BUr?
I/
JUN 2 9 2UU4
WATER QUALITY SECTION
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 l V I.J 5 6 k\ , /UC
County. L r? d e l / Nearest Town:
c e L.u 2 Dad i 50+Subdivision name or site address (include phaseJlot number)JIl e- s - 1)
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an nadequate vicinity map is included): E-6 rAa,- IdV, o ^A//d -7-1
.Q 54`r G A ?" e n U f P ?t r -a q-12 C J r- l i M v +^ r 1 t (c ` _ S
Ih2f- i-IPF,-FI 5+- car ,) le -Ft a 1/5 CJ.t ,.ke Fyr i'7
4-, A
(e r t el 1-?1 rm 6-a ! E v B r eI gyn. d
4,j & cC.--s s -ri e p t- oJee f
2. Describe the existing land us or condition of the site at the time of this
application: h d h- J -? v e d+po J e d-Q d --fret en -
LJt ?1 l S C?• ?? GcC -
3. Property size (acres): 4 CC p S S 16 f
,? . /?d rlt?n?t
4. Nearest body of water (stream/river/sound/ocean/lake):
5. Dcscrii2c the pur osbe of the proposed work: l ?a rv. ?Y
r a ??G
-?- J u ett n w -fir, roa 3 a
Wc, w b .6,a? b-e , G e r. -
S.X 6-
G. List[k the typ of equipment to be used to construct the project:
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: /444
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 in
square feet or acres: 10 . 1. rJ `t d- c 1-ea r•l".1-.1's LwaL? - U Dob a c
b. Please describe vegetation above the normal pool lake level and 50 feet land-
• s .e.?e
11 .1 - ted (number of trees for instance): vn i I- dO-K Pe c)r?;
ward to be impac
kv5 a - J"a,??e+yr. -Zvt,? 02
Applicant//kgent's Sipature
(Agent's signature is valid only if an authorization letter from the applicant is provided)
?y
S,X SC)
s be 4we.,
pn h i w?ct C'4 Q r. ?.C
CL C( "-Sl(:!n f- ii - ?r
Please approxiirnately sketch the following Wormation on this plan
tlease provide d&nensions for each ken, such as 10 it x 100 ft):
Al proposed vegetation clearing (provide dimensions).
,,/2 Location of rip rap or M to be placed above the FUN Pond elevation h b l \ <
) Location of rip rap or fill to be placed below the FUN Pond elevation X- ?1.?-
4) The location of any proposed structures such as buildings, retaking
wags, docks, etc. 5) The kmation of any excavation or dredging below the Full Pond /V6 elevation. J
?6) Location of construction access corridors.
1 ?
a2 -G( h :QmP4r ??CP1Q`t r ?? ?` cU 4y1Pr?r
l k 6)44- ` I-e'e tS 1 G? ?e '?- ??
??ro?er•?
12
cq
.c,- 5 C) .C-e e + -Pr6 m 44T 4"
Oo
--a
3
w w I
,400JZ-00 IN c4_101 913-6LL
J m „oo. i e-oo N 0 14-
N 100*11
00
0) cc) tej 14
r,,? 66 9t 1 N _x 71
aw.
z a C? a
•? ??? ' a ? to ' i to 04
V) 0
w ?
oo 49 6?.? of M Id
v- to ?' :?c
(3 SOD V--
1.00 -+ 00
Q1 to t!)
tO C>
lCb
AV
Maptech MapServer - Online l opo Maps, Nautical Charts, Aero Charts, and Nav Photos Page 1 of Z
rH,t? ?sTPrT? dnI G.A,l-E DAv( aSc)n/
Products View Cart Registration Support Downloads Online Maps Company Search
Maptech MapServer Maps and Charts: View FREE USGS Topo Maps, NOAA Nautical Charts, Aerial Photos. GPS Navigation Software.
ENTER CITY OR PLACE NAME IEAR€, •-
?ll.ltt x'1;7 J o
-
m R E.
SELECT STATE e , 1 f
OR ENTER ZIP CODE ?r t asl f I _7 ?r r
0
'!3
Innovative
Intuitive
Integrated
Latitude : O Pj
Longitude s0` E>> C,r'" , :!
Coordinates DMS
---FUN TOOLS--- -
P i,E I-
i ?
a
Athletic
Reld
IRE I, Co
1ECKLEIV96K co
- --?= --__
-?--?
trR-200y r rTT
ANRi g tsR>:serVed Not Fortl? n
y_i?sion
100°Jp 4
11:24,000
Click To Zoom Scale Zoom
Enter your email to register for
prize drawings and product
information:
Plriri '•ta»?; :and. t;hartc:.
il`•tti•.
Put Our MapServer to Work on Your Site! Display Topo Maps, Nautical Charts, High Attitude Photos, and Much More!
Maptech Product Line Overview
Land Maps Marine Software GIS & Business Software Aeronautical Software;
Terrain Navigator Marine Navigator ArcGIS from ESRI VFR/IFR AeroPacks
Terrain Navigator Pro Digital Charts BusinessMAP from ESRI VFR/IFR AeroSims
GPS & Handhelds Contour 3D Charts Special Services FAA Paper Charts
National Park Digital Guide Offshore Navigator Pocket Navigator (Handheld)
Appalachian Trail GPs & Handhelds GPS & Handhelds
Waterproof Togo Maps
Outdoor Navigator Special Services
http://mapserver.maptech.com/homepage/index.cfm?lat=3 5.5127158&lon=-80.84889&sca... 2/26/2004
lu
z4ad4
?! n(...
W ArF
. Michael F. Easley, Governor
Mar -
l =? "I
1
'C
.?
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 29, 2004
Patrick Burke
PO Box 3841
Mooresville, NC 28117
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1139
Iredell County
Page 1 of 2
Subject Property: Lot 9, The Estate on Lake Davidson, Davidson, NC
Catawba River (Lake Norman/Lake Davidson) [03-08-32, 11-(75), WS-IV B CA]
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B.0243) with Additional Conditions
Dear Mr. Burke:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.016 acres of waters and 900 square feet (ft) of protected riparian buffers for the
purpose of constructing a 15-foot wide access road, 14' wide x 50' long boat ramp and a 3-foot wide walkway at the
subject property, as described within your application dated August 30, 2004. After reviewing your application, we
have decided that the impacts are 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 to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
This approval is 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.
This approval requires you to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.016 (acres) 14' x 50' boat ram
Buffers 900 (square ft.) Walkway & Access Road
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-1786 / FAX 919.733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
One
Nb
Carolina
Naturally
An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/10% Post Consumer Paper
Patrick Burke
Page 2 of 2
October 29, 2004
2. 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 2B .0243(5).
3. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA
Permit.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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,
Alan W. Klimek, P.E.
AWK/bz
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
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
Filename: 04-1139
Arm of rF9
North Carolina w a
3o oc
Department of Environment and Natural Resources ro ?
a Y
HCDENR Division of Water Quality
Riparian Buffers
For the Catawba Mainstem and Lakes
What are Riparian Buffers?
Riparian buffers refers to forested or vegetated
strips of land that border creeks, rivers and lakes.
These buffers can help filter sediment and other
pollutants (such as fertilizer and pesticides) from
rainwater that flows from the land into waterways,
thus protecting these waters from various nearby
land uses.
Why Should We Protect Buffers?
Riparian zones perform a broad range of functions
with significant economic, ecological, and social
• Protects banks from erosion-- Tree roots hold
the bank soils together and stems protect banks by
deflecting the cutting actions of currents, waves,
boat wakes, and stormwater.
• Nutrient Removal-- Nutrients from fertilizers
and animal waste that originate on land are taken
up by tree roots. Phosphorus and nitrogen are
stored in leaves, limbs and roots Instead of
reaching the stream. Phosphorus is the main
nutrient of concern in freshwater lakes. There are
3 mechanisms of phosphorus removal in riparian
buffers
Deposition of phosphorus with
sediment
Adsorption of dissolved phosphorus on
to sediment particles
Uptake of phosphorus by vegetation
Secondary Buffer Benefits
. Effective flood control-By slowing the velocity
of runoff, the riparian buffer allow the water to
Infiltrate Into the soil and recharge the groundwater
supply. Groundwater enters the stream at a much
slower rate and over a longer period of time than
water that has traveled as surface runoff. This
helps control flooding and maintain stream flow
during the driest time of the year.
• Provides Canopy and Shade-Shading by lake
vegetation can moderate water temperature along
the shoreline providing some relief for aquatic life in
the hot summer months.
• Provides food and habitat for wildlife-
Leaves fall into a lake or river where they provide
food and habitat for small bottom-dwelling
creatures which are critical to the aquatic food
chain. The riparian buffer itself also offers habitat
for many animals including song birds, eagles,
foxes, turtles and amphibians.
• Protects Property-Waterfront land is a high
risk area for development. Using buffers to set-back
development and land uses from shorelines is a
cost effective protection against the hazards caused
by flooding, shoreline erosion and moving streams.
Why a 2-zone Buffer?
The ripariart,buffer being proposed in the
Temporary, Riparian Buffer Protection Rules from
Lake James to Lake Wylie along the Catawba River
and the Catawba River mainstem In the Catawba
River Basin has a 2-zone design. The first zone
(the zone that is closest to the shoreline) is an
undisturbed 30 foot forest buffer. Zone 1 Is
designed to protect the physical and ecological
integrity of the waterbody ecosystem by stabilizing
the bank and providing habitat and food for aquatic
organisms. Since this area is forested, this zone
also removes, transforms and stores nutrients,
sediments and other pollutants flowing over the
surface and through the groundwater.
The second zone, immediately upslope from the
Zone 1, consists of a 20 foot managed zone.
Vegetation In this zone can be grass, although
forest vegetation is recommended. The grass in
Zone 2 compliments the forest vegetation In Zone
by Increasing the roughness of the terrain and
acting as an obstructive barrier to horizontal flow.
This slowing of the water velocity allows for an
Increased residence time In the buffer, Increases
sediment and adsorbed pollutant removal, and
allows for Infiltration of ground water.
Water Quality Benefits of Buffers
• Filtering runoff-Rain that runs off the land can
be slowed and infiltrated in the buffer, which helps
settle out sediment, nutrients and other pollutants
before they reach waterbodies.
Frequently Asked Questions
Regarding Temporary Riparian Buffer Protection Rules for the
Catawba River Mainstem and Mainstem Lakes from Lake James to Lake Wylie
Q. Who proposed these rules? begun construction or are under contract to begin
A. The temporary riparian buffer protection rules were construction and have received all required state
proposed by the North Carolina Environmental permits prior to the effective date of this Rule;
Management Commission. Temporary rules were (C) Projects that have been determined to have a Vested
pursued under authority of the NC Clean Water Act of Right by the NC Attorney General's Office; or
1999 passed by the General Assembly. That act gave (D) ; Projects that have established a Vested Right under
authority to the Commission to adopt temporary rules "to North Carolina zoning law as of the effective date of
protect water quality standards and uses as required to the rule.
im lement basinwide water quality management plans" in
P
the Tar-Pamlico, Catawba and Cape Fear river basins. Q.
A.
Q. What is the effective date of the rules?
A. June 30, 2001
Q. Where do the temporary rules apply?
A. The temporary rules apply within 50 feet of all riparian
shorelines along the Catawba River mainstem below Lake
James and along the mainstem lakes from Lake James to
NC/SC border in the Catawba River Basin. This Includes
Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals
Lake, Lake Norman, Mountain Island Lake, and Lake
Wylie (NC portion). The temporary rules do not
include the Catawba River mainstem above Lake
James nor any other streams in the Catawba
Basin.
Q. How wide is the buffer?
A. The buffer is 50-feet wide, measured horizontally from
the water's edge (at full pond level in the lakes), and has
two zones of 30 feet (Zone 1 nearest the water) and 20
feet (Zone 2 landward of Zone 1). The zones are shown
and discussed on the reverse side.
Q. What do the rules require?
A. The proposed temporary rules require maintaining and
protecting existing 50-foot wide vegetated riparian
(shoreline) areas along the Catawba River below Lake
James and along the mainstem lake shorelines from Lake
James to Lake Wylie. The rule predudes new
building and Impervious surfaces within the SO-
foot buffer unless the activity is specifically
allowed In the Table of Uses or Is exempt as
discussed below. In addition, grading and clearing
of vegetation in the 30-foot zone nearest the
water (Zone 1) is not allowed except for certain
uses, discussed below. The outer 20-foot zone
(Zone 2) can be cleared and graded but it is to be
revegetated and maintain diffuse flow to Zone 1.
Q. Does the rule require planting new buffers?
A. No, unless the existing use of the land changes after the
effective date of the rule. An example of a use change
would be If agricultural land that was cultivated up to the
lake edge were developed for residential or commercial
purposes. The new development would need to establish
and maintain a 50-foot buffer.
Are there exemptions for Existing Uses?
Yes. The footprints of all existing uses are exempt
Including, but not limited to, cultivated cropland, pasture,
buildings, industrial, commercial, and transportation
facilities, lawns, gardens, utility lines, roads, driveways,
walkways, decks, piers, seawalls and septic. Additional
uses that may be exempt, allowable, or allowable with
mitigation are Included in a Table of Uses In the rules. A
use shall also be considered as existing if the project or
proposed development at a minimum has established a
vested right under North Carolina zoning law as of the
effective date of this Rule, based on at least one of the
following criterla:
(A) Project requires a 401 Certification/404 Permit and
these were issued prior to the effective date of this
Rule;
(B) Projects that require a state permit, such as landfills,
NPDES wastewater discharges, land application of
residuals and road construction activities, have
What CAN you do in the buffer?
Certain activities are identified in the rule as "exempt",
"allowable", or "allowable with mitigation". Over 40 such
uses are outlined in a Table of Uses in the rules.
Examples of "exempt" activities include view corridors
(allows thinning of underbrush, shrubs, trees less than 6"
diameter, and low limbs to provide views to the lakes),
water dependent activities (such as boat ramps,
docks, boat houses, bulkheads and access structures),
recreational and accessory structures with a
footprint of less than 150 square feet and utility corridors.
"Allowable" and "allowable with mitigation" activities
require review and written approval by Division of Water
Quality (DWQ) staff and include activities such as certain
road crossings, air strips, new drainage ditches,
stormwater ponds, buildings, paved surfaces, etc.
Q. Cad you cut trees in the buffer?
A. Yes.. In Zone 2, all trees can be cut provided that the
land is restabilized and revegetated (e.g. garden, shrubs,
lawn), In Zone 1, Individual trees can be cut that are
dead, diseased or damaged, or if they pose a threat to
human 4fe, property or the shoreline. For continuing
forestry operations, all trees more than 10 feet from the
shoreline and over 12-Inch diameter may be cut at 15-
year intervals provided the work is done under a Forest
Management Plan prepared or approved by a registered
professional forester.
Q. Are there any provisions for undeveloped
lots or approved preliminary subdivision
plans that existed as of June 30, 2001?
A. Yes. All properties In recorded subdivision plans whether
undeveloped or previously bullt-upon and any approved
preliminary subdivision plans (within last two years) are
exempt from Zone 2 requirements. In addition, Zone 1
requirements are "allowable" (can be done with written
permission by the state If no practical alternative exists).
Q. Are variances allowed?
A. Yes, if it can be shown that there are "no practical
alternatives" to the proposed activity. Mitigation may be
required for a variance.
Q. What is mitigation?
A. Mitigation is a way offsetting the environmental impacts
from a project on a buffer. A separate temporary buffer
mitigation rule establishes requirements for activities that
state staff determine are "allowable with mitigation".
Mitigation, which is required at a 1.5 or 2 to 1 ratio, can
take three forms: a) restoration or enhancement of a
non-riparian buffer, b) payment of a compensatory
mitigation fee to a wetlands and riparian restoration fund
(ranges from $1.44 to $1.92 per sq ft for the footprint of
the variance activity in the buffer), or c) donation of real
property.
Q. Approval of Local Ordinances
A. The temporary riparian buffer protection rules also give
local governments the opportunity to enforce a local
ordinance in lieu of this rule if the DWQ determines than
the local riparian buffer ordinance provides equal or
greater water quality protection than the proposed
temporary rules. McDowell and Burke Counties, for
example, have existing buffer protection ordinances
which could be considered for approval under this
provision.
WQC #3373
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL PERMIT
NUMBER 198200030 (TVA OR FERC REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT
198200079 (COE LAKE AND RESERVOIR MAINTENANCE,
REPAIR AND CONSTRUCTION ACTIVITIES) AND
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in
15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland
areas as described in the Wilmington District's Regional (General) Permit Number 198200030 and Regional
Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200.
This Certification replaces Water Quality Certification (WQC) Number 2674 issued on January 21, 1992, Water
Quality Certification Number 3099 issued on February 11, 1997, and Water Quality Certification Number 3280
issued on June 1, 2000. This WQC is rescinded when the Corps of Engineers re-authorizes these Regional
General Permits or when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities which require approval under either of these General Permits but do not result in fill,
dredging or excavation of waters or wetlands (such as docks, piers or boathouses) do not require
written concurrence from the Division of Water Quality as long as they comply with all other
conditions of this General Certification. However, Condition No. 5 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written
concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two agencies in accordance
with agreements reached between the Division of Water Quality and the Division of Coastal
Management;
3. Activities which result in fill, dredging, or excavation of waters or wetlands under this General
Certification require written concurrence from the Division of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the
state until the concrete has hardened;
Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or
any other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application), requires written concurrence from DWQ in accordance with 15A NCAC 26.0200.
Activities listed as "exempt" from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide riparian areas
(whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico, Randleman and Catawba
River Basins shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable through the use
of best management practices;
WQC #3373
6. For sites with buffer rules in effect at the time of application, forested vegetation removed from buffer
areas for construction access purposes shall be re-established within the next growing season
following construction of the project;
7. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available
from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
8. Rip-rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection
of aquatic habitat. Construction over wetlands shall be elevated at least three feet above any
wetlands, and floating structures shall not rest periodically on the bottom;
9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
original grade restored after the Division of Land Resources has released the project;
10. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
11. Piers and boat houses shall be constructed to provide for storage and removal of sewage rather
than allowing raw waste or other sewage to be disposed \Airectly into surface waters;
12. Additional site-specific conditions may be added to projects proposed with fill under this Certification
in order to ensure compliance with all applicable water quality and effluent standards;
13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Regional Permit 198200030 or 198200079, whichever is sooner;
14. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has
been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity that requires written concurrence
under this certification, if it is determined that the project is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3373
2
Certificate of Completion
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such th,,at 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:
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
I, , 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:
NC DENR DIVISION OF WATER QUALITY
WETLANDS/401 UNIT
1650 MAIL SERVICE CENTER
RALEIGH, NC 27599-1650
0A%,-El INSUFFICIENT ADDRESS
TEMPTED NOT KNOWN El OTHER
NUMBER/ STREET
S ? NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
1?1'Ililli'f1?4?!!'ili?f
ZZ f"Sh W., ia, liklt??tlfll??if?t'tlll?llltIII till Ili
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Patrick Burke
Post Office Boxes
Mooresville, NC 281 14
DWQ# 04-1139 - Iredell
J 1Y,1?
? Agent
? Addressei
C. [late of pelivqb,
D wls delivery address different from item 17 L7 Yes
If YES, enter delivery address below: ? No
?k L}`g(
-N,??e-
3. Service Type
® Certified Mail ? Express Mail
? Registered M. Return Receipt for Merchandisf
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rrensfer from service label) 7001 2 510 0009 0250 6970
PC Fnrm 3811 Fahn iarv 9nn4 Dnmaatin Return RACelnt 102595-02-M-154
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Pai
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604