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HomeMy WebLinkAbout20041410 Ver 1_COMPLETE FILE_20040824MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Polly Lespinasse WQ Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name McCrary Partners - Lot 35 Project Number 04 1410 Recvd From APP Received Date 8/24/04 Recvd By Region Project Type shoreline stabilization County Iredell County2 Region Mooresville Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type` Type Impact Score Index Prim. Supp. Basin Req. Req. G water & Y ON F__ 11-(75) WsIV CA B F932_ x.00 93.00 (-'BR Buffer, O O ??? F - F-772 . 0.110 7 F F__F__ PV ON F Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y *N Have Project Changes/Conditions Been Discussed With Applicant? O Y (0 N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 80.91407 Longitude (ddmmss) 35.59351 Comments: Staff visited the site on September 13, 2004. The impose of the application is to seek approval for shoreline stabilization using ripsp The applicant proposes to stabilize approximately 93 linear feet of shoreline. The lot is heavily wooded and has an obvious scour line along the shoreline, however, no trees seemed to be affected by the scour, cc: Regional Office Central Office Page Number 1 O?O? W A 7'??pG r McCrary Partners, LLC C/O Jeff Cernuto P.O. Box 3608 Mooresville, NC 28117 Subject Property: Holt Lane, Lot 35 Michael F. Easlcy. Governor William G. Ross Jr.. Secretary North Carolina Department of Environment mid Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality WETLANDS 1401 GROUP September 17, 2004 DWQ# 04-1410 - Iredell County SEP 2 2 2004 WATER QUALITY SECTION' APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 213 .0243) with Additional Conditions Dear Mr. Cernuto: You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 93 linear feet of shoreline on Lake Norman for the purpose of installing riprap along the existing shoreline. 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 the U.S. Army Corps of Engineers (USACOE) Regional Permit No. 198200030 when issued. 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. This 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 storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake buffers so as not to re-concentrate before discharging into the lake [as identified in 15A NCAC 2B .0243 (5)]. 2. No trees are to be removed (unless approved) and impacts to the ground cover shall be kept to a minimum during the installation of the riprap. 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. One hCarolina Nort Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% RMded/10% Post Consumer Paper 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 Polly LespinassE; in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, Alan W. Klimek, P.E. PL/pl Attachments cc: Corps of Engineers Asheville Regulatory Field Office Duke Power lake Management Wetlands Unit- Cyndi Karoly Wendy Ward, Permits 4-U Central Files File Copy Triage Check List Date: Project Name: IV,, ?4c DWQ#: County: ! vt c) A To: ? ARO Kevin Barnett ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran 0 MRO Alan Johnson ?' WSRO Daryl Lamb ? RRO Mike Horan From: &?? ,fi r- Telephone : (919) 23S-S-715- The file attached is being forwarded to ``*r for your evaluation. Please call if you need assistance. ? 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 Comments: V ! ?m U Su? `. ^rw iZ i t ???? l`t?..? ? l/lr?i+P `?''+? ??1 G ?,Q.?Q ? • 1 i'S ? i ?' lk r t ?? ? ? ??? . ?'1 ?? s??--- ??sc ass r7 e eo1 QCCVI??e l 54, 6 ?1 zt/1 ?? Gl L r? f 1r L Q -A'e 'rKc'A JG/L'1 ?J 1 0? ?? G S?h r V e/ y buS?? e Ss, Pe- y DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1667 OR TOLL FREE 1-800443-5193 1 L E APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. 1. Applicant Information 0 1 1 0 A. Name McCrary Partners, LLC - % Jeff Cernuto B. Mailing Address P O Box 3608 - Mooresville, NC 28117 DS/401 GRQUF C. Telephone 704-799-9770 Ar!?4 20 4 11. Location of Proposed Project MATER QU A. Lake Norman ???'SECT1QAI B. Street Address Holt Lane C D E. F. County Iredell City, Town, Community or Landmark Mooresville Section Lot # 35 Subdivision N/A Directions to property by road 1-77 N - to exit 36 - West on Hwy 150 - Left on McCrary Rd - Right on Holt Lane - to the end of road on left G. Latitude and longitude for the project site 80.91407 I 35.59351 H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/longitude coordinates can be found on internet site, www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) 111. Description of Project A. Length of wall 93.19' B. Material Rip Rap C. Distance from property line/shoreline Will follow existing shoreline IV. Intended Use of Project Area A. Private X B. Commercial V. Applicant Signature PLEASE NOTE THE FOLLOWING: Date 'l 1 y A COPY OF THE COMPLETE APPLI ATI WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 ON AVENUE, ROOM 208, ASHEVILLE, NC 28801-5006 • A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY, ATTENTION: JOHN DORNEY, PARKVIEW BLDG., 2321 CRABTREE BLVD., RALEIGH, NC 27604, PHONE: 919-733-1786 401 WATER QUALITY CERTIFICATION APPLICATION 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 to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre. APPLICATIONS TO BE SENT TO: DIVISION OF WATER QUALITY WETLANDS UNIT 1650 MAIL SERVICE CENTER RALEIGH, NC 27699-1650 1. Applicant Information 1. Owner/Applicant Information Name McCrary Partners, LLC - % Jeff Cernuto Mailing Address P O Box 3608 Mooresville, NC 28117 Telephone Number 704-799-9770 Fax Number 704-799-9789 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 Wendy Ward Company Affiliation Permits 4-U Mailing Address 12702 Sulgrave Dr Huntersville, NC 28078 Telephone Number 704-6344135 Fax Number 704-948-6981 E-mail Address Wendy@4SalebyWendy.com 11. 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. Location County Iredell Nearest Town Mooresville Subdivision name or site address (include phase/lot number): Directions to site - please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 1-77 N - Left on Exit 36- West on Hwy 150 Left on McCrary Rd - Right on Holt Lane - at end of road on left 2. Describe the existing land use or condition of the site at the time of this application: Vacant Wooded Lot 3. Property size (acres): 0.95 4. Nearest body of water (stream/river/sound/ocean/lake): Norman 5. Describe the purpose of the proposed work: Stabilize shoreline with rip rap To stop shoreline erosion 6. List the type of equipment to be used to construct the project: Work will be done By Barge with long reach 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below x 93.19' 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: x 93.19' b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): Wooded - 50' buffer will not be disturbed is Signature is valid only if an authorization letter from the applicant is provided) 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 fill to be placed above the Full Pond elevation 3) Location of rip rap or fill to be placed below the Full Pond elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. May i3,zuuq uu:zu iom Montgomery lU9t59Z9bLU Yage i t ?' a i a o ! ?2' t U? Z y t ? ~ I' MIN 0 r .,A QD / cr 7 / r r?i O i r 149.30 E to rn O N N ?• U1 y 0 P rn ?n 0 .b m N ny N to o m Cn .20,28` W -r--,140.00, A9• ?s Z o O N z 10 tn to N a a !? n p? i _ rr u W NOD C N O) 4hb ? to m m Rt V N N i0 ro t- W -• .. N (J n p N O? 03 O w N N A Ky ih o v rn n rn 8? 98' 3 IS 4 ,. tOt ? 53 W N ,5,42 Say -"` ts732, ? IS.71 UN ? M O v to n ;10 m o to 0 i 1 x ' a t-{ z` m ` 1 z OD O rR SA CD QT a 0 0 W N ' z 03 A0: i'w Q LA In X15,00. -. I 0 w r ,___`285.31' 0 JC1 N 261.76' 13Q.88' "?--? 130.88' O io ? N rot N _ o O D u ? N A m rn 174,36. w? n C? rr 1 DUKE POWER DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q P. O. BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 Applicant's Name: McCrary Partners, LLC % Jeff Cernuto Lake Name: Norman Subdivision Name: N/A Property Section: Lot 35 City: Mooresville County:Iredell State: NC Zip: 28117 Telephone: Type of Permit Requested vCommercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 N to exit 36- West on Hwy 150 - Left on McCrary Rd - Right on Holt Lane - to end of road - Lot on left Structure on Property (i.e. brick garage, white fence, mobile home, etc. Wooded Vacant Lot *Note. Please use the back of this form, if desired, to draw us a map to the site. J WhaYs Nearby Click to view on map _ Dining C Coffee Shops Restaurants f' Brew Pubs t- Chinese C Italian Mexican Pizza Seafood Steak +Recreation & Entertainment +Community Services +Shopping & Services + Travel Draw New Map i Current Map I Map Settings I Mail-Map Register with, RD, WORESVILLE, NC PAN BY= FIAT. SCREEN N'tA r to LESS DETAIL Home I A_bput_Us i Contact Us I Link To Us I Advertise I Privacy Policy http://mapsonus.switchboard.com/bin/maps-maponly/usr-411826c9.aOfd5.5d65.7/C=38/for... 8/9/2004 Scale (mi/in): 0 4fl Map-Clicking will: Show Long/ Lai REDRAW MAP I WHAT'S NEARBY? Explain Map Operations Problems printing? Get a Printable Map. TopoZone - The Web's Topographic Map Page 1 of 1 i 4 1 4#l?%11,rapf$IeGll?t4llx." ? , ?''?-.. ( /?'?? '^' /r , -?• 3`;t"?? ?? 64, f 84 ?C.`' r F ?? i Jl Z ?*f4 'fit 0 0.3 4.6 0.9 1.2 1.5 km 0 0.2 0.4 0.6 0.8 1 mi Map center is UTM 17 506886E 3937358N (WGS84/NAD83) Lake Norman North quadrangle M=0 Projection is UTM Zone 17 NAD83 Datum G=0.044 http://www.topozone.com/print.asp?z=17&n=3937357.51237027&e=506885.843860688&:... 8/12/2004 t,+,s 3 4