HomeMy WebLinkAbout20041435 Ver 1_COMPLETE FILE_20040830NCD R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Wetlands/401 Certification Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
Fax. To:
Company:
Number of pages including cover sheet:
Notes or special instructions:
Fax #: $ 2.9- 478 - 7358
Date: 9-- Z4- 6Y
q[q, `` 5' -Sy,)L4
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650:: One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCaroaa
Phone: 919-733-1786 / FAX 919-733.68936 / Internet hU://hlo.enr.state.nc.us/ncwetlands)
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper "?J//
OW ATFRQG
Cl) r
O ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 3, 2004
Lee Pake
207 Kenway Loop
Mooresville, NC 28117
Subject Property:
207 Kenway Loop, Lake Norman
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1435
Iredell County
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. Pake:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.12 acres of waters and 545 square feet (ft2) of protected
riparian buffers for the purpose of installing rip rap to stabilize, approximately 218 feet of shoreline, as
described within your application dated August 11, 2004. Aftei, reviewing your application, we have
decided that the impacts are covered by the N.C. Division of Water Qualw(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 (USAGE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .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 or CAIVIA 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
Shoreline 218 (feet)
Waters 0.012 (acres)
Buffers 545 (square ft.)
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
Noe Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Lee Pake
Page 2 of 2
September 3, 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,
ar_? 'IT-91
Alan W. Klimek, P.E.
AWK/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
cc: H & J's Docks and Piers, 8569 Dog Let Road, Sherrills Ford, NC 28673
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: 04-1435 Lee Pake (Iredell) 401
Lee Pake
Page 2 of 2
September 3, 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 Certificatio (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. Ybu must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written pet* ion, 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 ?re 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/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
cc: H & J's Docks and Piers, 8569 Dog Let Road, Sherrills Ford, NC 28673
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: 04-1435 Lee Pake (Iredell) 401
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. 041435
Applications should be sent to:
Division of Water Quality Wetlands Unitio I
1650 Mail Service Center WETLANDS 1401 GRQU?
Raleigh, NC 27699-1650
AUG 3 ®2004
top,?E?. ; QUALM"' SECTION
1. Applicant Information Vy
1. Owner/Applicant Information
Mailing Address: a G -2 g n u ?f ? i i? r n ? 1 c c c r?5?, He YV C "? ?s l I I
Telephone Number: --? 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 fnr the owner/applicant.)
Name:
Company Affiliation: N00,5e
Mailing Address:_
KS An ? 'p';? ?'S
Telephone Number:_ Ss & q Nc ?lumber:
E-maif?Address: Shevt,??5 V'`?'
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
RA 11r %?`ylO
RECEIVED
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 .,_. /y?
Countyi >? !?P ?? Nearest Town: I l rorr,5 u ; f I • .
J (ter
2C er _ 12 ML
Subdivision name or site address (include phase/lot number): 4
Directions to site please include road numbers, landmarks, etc. (This is not
1
necessary if an adequate vicinity map is included):, j1 d S? iWc;,5l• o1-t Melt usQ J1
2. Describe the existing land use or condition of the site at the time of this
application: 14 o l
I Property size (acres): O J 1
4. Nearest body of water (stream/river/sound/ocean/lake): NO f M(A n
5. Describe the purpose of the proposed work: 5 IAO r•4? (' h f'
6. List the type of equipment to be used to construct the project: & I e h n z
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: l % 0
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: ? %2 X 21 V f c' P is e low I (A k -e le ?
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (n? ber of trees for instance): no Vr e e Fe 4n drd io di, M alc h
5 ?0111?? c1 a-bt"s,
= I/-v
Applic t/ g is Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Y2
PAD
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 k):
1) All proposed vegetation clearing (provide dimensions).
2) Location of rip rasp or fill to be placed above the Frill Pond -elevation
3) Location of rip rap or fill to be placed glow the Fu0 Pond elevation
4) The location of any proposed structures such as bulldings, retaining
walls, decks, letc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
Iredell County, NC Tax Map - Property Data
Iredell Countyr North Carolina
Property Data
Inquiry Date: 6/22/2004
Page 1 of 2
Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, the County does
not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or
mapping data herein, or for their use or interpretation by the User.
Property Map
Owner/ Property Information
Tax Account Number 000077388047
Old Parcel Number 1702SO5000A092
Owner Name PAKE S LEE III & WENDY G
Mailing Address 207 KENWAY LOOP, MOORESVILLE, NC, 281170000
Property Address
Lot Number
Legal Description L1035 CL & T PB 18-20
Municipal Information
Township Code 17
City Code 00
Neighborhood Code 15004
Fire Code 0
0
Parcel Number (PIN): 4639428293.000
http-//gi s. co. iredell.nc.us/IredellReporting/report.asp?PIN=4639428293.000 6/22/2004
DUKE POWER DIRECTIONS BY ROAD FoRm
Lake Use Perrrsit APPILeants and Cottta actoa s: base 0fjoratirzg thepro P(?sec[ project site Mn have a bid
impact on Permit Processing tww. Please complete this fwm and return it along with your completed
Permit application to:
DUKE POWER
CIO LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800443-5193
Applicant's Name- _ Le e I" (a ? -rl
Strect Ad*ess (,alt lake): t,
fi ck (I? ®(,
l
Lake Name: ` 1 ?' l-- t JY ,??LL... - -?-
Subdivision Name:
Prtpedy Section: - Lot ft -1-0 City Rao e. ? + _t ? i County:.-1- ?'f- A e'- L ?
State e _ _ 'Lip:
Type of Permit Requested
"Circle":
kacilg y
Commercial Pacility
FXe4u..J
Conveyance
Miscellaneous Uses
Directions (froln major road or highway):
) (r JJ (
y
Descriptive Structure on Property (Le, bride garage, white fence, mobil home, etc):
*Note: Maw ase the back o6 this form if desired to dray as a map to the site.
GPAL.1l-"EMGM14MPPNVL-RF-(Ml iNS.D(X-- Effective Dale: t 111SN8
'1 1'/ 4- -c 144 YS Dc; c, k5 ci; 1-- e r b
J
Form 398578 (R9-85) SHORELINE MANAGEMENT PROGRAM 154 e r r,'/ P4iotS;WJ08940
PERMIT APPLICATION FORM n.l NC 1 SC 2 I. D. No. Permit No.
Co. No. Grid Sect.
Lake 4 or yki ari Utility Co. Ownership: 1 Deed 2 Lease
APPLICANT
Name: Le e
Flrst , Middle Last
Address: n)C -7 K .h f.?. L ci C c?xe2
Street or Box
ctry state ZIp
Telephone:
Code Number Ext.
Signatu:
Circle the aooromiate nu bar below
Ramp & r
h
Marine Shoreline n
'--
Pier Railway Boathouse Stabilization Other
USE:
1. Individual
1
2. Common 2 2 2
STATUS:
1. Existing
2. Proposed
?) 1
2 1 1
MATERIALS:
1. Concrete 4. Treated wood
2
M
5
d 1 (
`?
2 1 1
1 4
,
.
asonry
. Untreate
wood 3 2 2 5
3. Metal 6. Other 3 6 3 3 ock
FLOTATION:
1. Plastic cylinders
1
2. Styrofoam 2
3. Other 3 3
TYPE OF FACILITY:
1. Permanent
1
2. Floating 2
3. Combination 3 3
I~
)
30 F
t
-?114 1-
Fig. 1 Fig. 2 Fig. 3
Pier Dimensions: See Figure Above
Condition of Pier: ? Good ? Fair ? Poor
Permitted: ? Yes ? No Date:
Additional information:
COMMON USE PERMIT
If this application is for the common use of a facility, those parties using the facility appoint the individual listed in the
applicant section of this form as the agent applying for the permit. All parties using the facility must sign below.
Name Date Address
I-- --I I-- --I
T
Fig. 4 Fig. 5 Fig. 6 (other)
Pier surface area 1 44 sq. ft.
Float surface area 740 sq. ft.
By: