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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 ? `?' 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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