20041001 Ver 1_COMPLETE FILE_20040621

North Carolina Wildlife Resources Commission 0
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources WETLANDS 1401 GROG
FROM: Ron Linville, Regional Coordinator ?1UL.. 1 1 2004
Habitat Conservation Program
WATER WAU I Y ; C'_"G'°i0N
DATE: July 9, 2004
SUBJECT: Review of Lake Shoreline Stabilization Applications -
Christopher Lovern, DWQ041001, Lake Hickory, Alexander County,
North Star Investors, DWQ040972, Lake Wylie, Gaston County, and
Chip Leaf, DWQ041049, Lake Norman, Catawba County
The referenced applicants are requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality for shoreline stabilization activities. The NCWRC has reviewed
information provided by the applicant, and field biologists on our staff are familiar with habitat
values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661-667d).
Concerning shoreline stabilization using riprap, this office prefers the use of a more "natural"
approach to shoreline stabilization. A combination of riprap (class 1 or preferably class 2 size)
used to two feet above normal pool elevation with banks sloped back and vegetated with grass,
willows or other acceptable vegetation create a more "natural" bank. A filter fabric may be used
in order to prevent soil from eroding from behind the riprap during high-water and/or wave
action. Riprap should be imbedded into the lake bottom to prevent undercutting. Seawalls
should be installed above the high water elevation with rock placed at the toe of the seawall. We
recommend that natural undisturbed buffers be restored as root mass along shorelines benefits
aquatic habitat values as well as reduces erosion.
Please be advised that stabilization activities should not be permitted where active erosion is not
occurring or where such activities are desired to extend private property into or towards public
waters. The photograph attached to the Lovern application did not indicate erosive conditions.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Steve Chapin, COE
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
F \N A TF Michael F. Easley. ( iovernor
\O?O AOG William G. Ross Jr.. Secretary
North Carolina Dcpartntcnl 01 !im ironnnnt and Naturrl Resources
Cq r Alan NN. Klimek. !'.![.. Director
] Division of Water Quality
Colcen N. Sullins, llcpuh Director
Division of Waicr Quality
July 13, 2004
DWQ# 04-1001
Aexander County
Mr. Chris. Lovern
41096 1h Street NW
Hickory, NC 28601
Subject Property: Lot #22 Moretz Court
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. Lovern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.002 acre of waters and 0.004 acre of protected riparian buffers for the
purpose of constructing a seawall along approximately 100 linear feet of shoreline on Lake Hickory, as described
in your application received on June 21, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves as
your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243.
Please note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 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. If you change your project, you must notify us in writing, and you may be required
to send us a new application for a new certification. If the property is sold, the new owner must be given a copy
of the Certification and approval letter; and is thereby responsible for complying with all conditions. If the total
wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as
the additional conditions listed below:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees are to be removed from the buffer, and impacts to the ground cover shall be kept to a minimum
during the construction of the seawall.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
No ` Carolina
Ntura!!il
A*a
tJ`f]ENR
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)
[phone] (phone), 919-733-6893 (fax), (httn: `h2o.enr.statc.nc.us'nc%%,cllands)
Customer Service #: 1-877-623-6748
Page 2
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 (that
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
G
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power L ake Management
Wetlands Unit- Cyndi Karoly
Sue Harmon
Central Files
File Copy
WETLANDS/ 401 GROUP
JUL. 2 0 2004
WATER QUALITY SECTION
MEMORANDUM
TO: John Dorney Regional Contact: Alan Johnson
Non-Discharge Branch WQ Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Christopher R. Lovern
Project Number 04 1001
Recvd From APP
Received Date 6/21/04 Recvd By Region
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
GP30 wate-r& O Y _0N F 11-(53) WSIV B CA 30,832. 0.00 100.00 F- I -
-CB- R Buffers ON om- 30,832. 0.02
???IAIA r r r ? ?
Mitigation Wetland
MitigationType Type Acres Feet
T-F F_
Is Wetland Rating Sheet Attached? O Y ON Did you request more Info? O Y Q0 N
Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N
Is Mitigation required? O Y 8 N Recommendation: 0 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Spoke with Wade Harmon of Duke Power. The photo submitted with the application correctly
describes the area. This is a clear lot with no trees. Lot gently slopes to down to the lake. No
impact to the buffer.
Approve. Issued by MRO.
County Alexander
County2
Region Mooresville
cc: Regional Office
Central Office Page Number 1
Triage Check List (0 1-7,
I. 6 Project Name: L JM'?
Date. ?
DWQ#:
County:
To: ? ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
MRO Alan Johnson ? WSRO Daryl Lamb
RRO Steve Mitchell
From: Telephone : (919)
The file attached is being forwarded to Your for your evaluation.
Please call if you need assurance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
??''
t
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 iJ WETLANDS 1401 GROUP
1650 Mail Service Center
Raleigh, NC 27699-1650
JUN 2 Y 2004
1. Applicant Information WATER QUALITY SECTION
1. Owner/Applicant Information
Name: CHRISTOPHER R. LOVERN
Mailing Address: 41096 TH STREET NW
HICKORY, NC 28601
Telephone Number: _828-325-0303 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:
SUE HARMON
Company Affiliation: -PERMITS, ETC.
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706 Fax Number: _704-434-7100
E-mail Address: [e-mail]
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.
C hn shiphe.r . Lavern
Location
County: -ALEXANDER Nearest Town: BETHLEHEM
Subdivision name or site address (include phase/lot number): Lot #22, MORETZ COURT,
BETHLEHEM, NC (no subdivision)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM HICKORY TAKE HWY 127 NORTH/ LEFT ON SHILOH
CHURCH RD/ LEFT ON WILDLIFE ACCESS RD/ LEFT ON MORETZ COURT/ LOT IS ON
CORNER OF MORETZ COURT AND KING ARTHUR COURT
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT LAKE LOT WITH VERY FEW TREES.
3. Property size (acres): 0.739 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE HICKORY
5. Describe the purpose of the proposed work: TO STABILIZE THE SHORELINE AND
PREVENT EROSION BY CONSTRUCTING A WOODEN SEAWALL, APPROXIMATELY 100
FEET IN LENGTH AND 4 FEET IN HEIGHT
6. List the type of equipment to be used to construct the project: A BOBCAT AND HAND
TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 100 FT. = 200 SQUARE FEET
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:
4 FT. X 100 FT. + 8 FT. X 50 FT. =
400 FT. + 400 FT. = 800 SQUARE FEET
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED. THE DISTURBED
AREA WILL HAVE MULCH APPLIED TO IT.
Applicant/Agent's Signafure " VatV
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
. .......................... . .
Chrisi00 er R. b ern
La a a, ISM r?tz Co «r ?-
864) i fl e'M , N G
Lake (Full Po - -
? ? Pr?Posc? (,oJet'ed c?oc-k-
Full Pond
Shoreline Rzp--rc.p in yr?dt
f--- X I U? wa
Above. Pond
09
ConSt, ?i+hv?a.N -? 1__?
W/ M word
C.hr'#har [zvern
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. X 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or tip to be placed above the "Norma! Pool" elevation
3) Location of rip rap or fill to be placed below the
4) The locatlon of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors, n r _
?hrler LoVern
' 2 i
vdocdm SeQ.uAl 11 100 lin ar 6f)
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,Y 44 feet i n heigli?
9
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CATAWBA COUNTY, NORTH CAROLINA y'
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I DO HEREBY CERTIFY THAT THE PLAT AS SHOWN HEREONI North Carolina V
IS IN ALL RESPECTS CORRECT AND WAS PREPARED FROM MILLER SURVEYING INC.
AN ACTUAL SURVEY MADE BY ME, SURVEYING & MAPPING

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l -dz IthuYl ; N L
Christopher Lovern
Chri-s}opha K. Lovern
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
6
Date - I ?? - o
STATE OF NORTH CAROLINA
DIVISION OF WATER QUALITY
2321 CRABTREE BLVD.
RALEIGH, NC 27604

PERMITS, ETC.
P.O. BOX 234
BOILING SPRINGS, NC 28017-0234