Loading...
HomeMy WebLinkAbout20041500 Ver 1_COMPLETE FILE_20070831NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Mr. Peter Enyeart 2053 winding Creek Lane Mason, OH 45040 QPM Q7251 R od[ 2 P SEP 2 R 2004 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 21, 2004 DWQ# 04-1500 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. Enyeart: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.005 acre of waters and 0.005 acre of protected riparian buffer for the purpose of installing riprap along approximately 155 linear feet of shoreline on Lake Norman, as described in your application received on September 8, 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/ncwetla nds. 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 213 .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 buffer so as not to re-concentrate before discharging into the lake. 2. No trees are to be removed from the buffer/shoreline. 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. 919 N. Main Street, Mooresville, North Carolina 28115 One Phone: 704-663-16991 FAX: 704-663.6040 / Internet: h2o.enr.state.nc.us NorthCar'ollina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturalltf 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, Alan W. Klimek, P.E. AJ/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Duke Power lake Management Cyndi Karoly, Wetlands Unit Chip Bridges, CBC Central Files .. AT4x*fA, NCDENR 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 September 21, 2004 DWQ# 04-1500 Iredell County Mr. Peter Enyeart 2053 winding Creek Lane Mason, OH 45040 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. Enyeart: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.005 acre of waters and 0.005 acre of protected riparian buffer for the purpose of installing riprap along approximately 155 linear feet of shoreline on Lake Norman, as described in your application received on September 8, 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. en r. 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 213 .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 buffer so as not to re-concentrate before discharging into the lake. 2. No trees are to be removed from the buffer/shoreline. 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. 919 N. Main Street, Mooresville, North Carolina 28115 One Phone: 704-663-1699 / FAX: 704-663-6040 / Internet: h2o.enr.state.nc.us NorthCarohna An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally 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, Alan W. Klimek, P.E. AJ/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Duke Power lake Management Cyndi Karoly, Wetlands Unit Chip Bridges, CBC Central Files MEMORANDUM TO: John Dorney Regional Contact: Alan Johnson Non-Discharge Branch WQ Supervisor: Bex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Peter Enyeart County Iredell Project Number 04 1500 County2 Recvd From APP Region Mooresville Received Date 9/8/04 Recvd By Region Project Type shoreline stabilization Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. G 330 water & K7 ©N F 11 (75) WSiv B F_A 0,8-32 F 0.01 155.00 F ('13R 13uffersO O '`+ F_ F-?F_ 3Q;S3'_': 0.01 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y Q N Is Mitigation required? O Y OQ N Recommendation: Q Issue O Issue/COnd p Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Staff visited the site on September 15, 2004. Requests approval for shoreline stabilization. The property appears to have been cleared for several years (looks like a lawn). Minimal stabilization appears necessary. The shoreline is covered with a thick growth of Alder. However, because alder is a shrub, it can be removed (< 3"). If this happens the shoreline would be more likely to erode, cc: Regional Office Central Office Page Number 1 Triage Check List Date: q Q`?I Project Name: County: _1 .y e, o TO: ? ARO Kevin Barnett ? WaRO Tom Steffens ,? ?O Ken Averitte ? WiRO Noelle Lutheran LJ MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: -? Telephone : (919) The file attached is being forwarded topur for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ?etland determination and distance to blue-line surface waters on USFW topo maps L 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: Q DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 CHARLOTTE, NC 28201-1006 a 704-382-1567 OR TOLL FREE 1-800443-5193 Cup I& 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 41 5 0 0 A. Name Peter Enyeart B. Mailing Address 2053 Winding Creek Ln - Mason, OH 45040-1450 C. Telephone 513-543-5538 II. Location of Proposed Project WETLANDS/ 401 GROUP A. Lake Norman B. Street Address Bullfinch Rd C. County Iredell WATER QUALITY SECTION D. City, Town, Community or Landmark Mooresville E. Section Lot # 3 Subdivision Beacon Pointe F. Directions to property by road 1-77 N - West on Hwy 150 - Right on Perth Church Rd Left on Fern Hill Rd - Right on Bullfinch Rd - lot on right G. Latitude and longitude for the project site 80.91354 35.64170 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) Description of Project A. Length of wall 155, B. Material Rip Rap C. Distance from property line/shoreline IV. Intended Use of Project Area A. Private X B. Commercial Will follow existing shoreline V. Applicant Signature Date ?i PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETE APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTON 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, PARKWEW 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 Peter Enyeart Mailing Address 2053 Winding Creek Ln Mason, OH 45040-1450 Telephone Number 513-543-5538 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 Chip Bridges Company Affiliation CBC Custom Shorelines, INC Mailing Address 628 Oakridge Farm Hwy Mooresville, NC 28115 Telephone Number 704-660-5111 Fax Number 704-660-5969 E-mail Address cbcseawalls@aol.com 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 Iredell Nearest Town Mooresville Subdivision name or site address (include phase/lot number): Beacon Pointe Directions to site - please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 1-77 N - West on Hwy 150 - Right on Perth Church Rd - Left on Fern Hill Rd - Right on Bullfinch Rd - lot on right 2. Describe the existing land use or condition of the site at the time of this application: Partially wooded lot 3 4. 5 Property size (acres): 0.54 Nearest body of water (stream/river/sound/ocean/lake): Norman 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: By Land with bobcat Work will be done 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below 1 %, x 155' 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: 1 '/2'X 155' b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): - 50' buffer will not be disturbed (Agent's signoCre 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. D O N A L L E N & A S S O C I AT E S, P. A. "Since 1971" D S Commercial * Residential * Mortgage Surveys * Multi-Family Construction Staking * Subdivision Design * Topographical (704) 664-7029 (704) 664-8041 Fox I, certify that this map was drawn under my supervision from an actual survey made under my supervision recorded in deed book__1113---, page_ 592 __, and/or plat book__ 24 ___, page--153---, that the ratio of precision is 1':10,000, that this map was prepared in accordance with the General Statutes of North Carolina Chapter 89C. my hand and seal on the __22day of SEPTEMBER - A.D. 20--03--. ---------------------- WILLIAM M. ALLEN, PLS LINE DIRECTION DISTANCE L1 S 73'23 47' W 19.88' L2 N 59'06 20 W 29.54' L3 S 64'50'05" W 9.83' L4 N 59'56 47" W 13.10' L5 N 88'21'27" W 65.12 L6 N 62'24'03" E 14.90' LAKE NORMAN 760' CONTOUR LINE PER ACTUAL FIELD SURVEY LOT 4 DENNIS L. O'CONNOR 948/1193 (CHORD BEARING) S 67'51'44" W AF1P Rpq D LOT 2 Q ROBERT MARTINS 1328/1622 oG FW U fY O w p irO Z_ R ?- 6 IZ J J _ TIE ONt Y? ' C z on 43 x.,8.24 N 4?r 813.06' a R/w 0' 20' 40' 100' NOTES LEGEND 1) THIS PROPERTY MAY BE SUBJECT TO rQ? P.P. s POWER POLE ANY EASEMENT AND/OR RIGHTS-OF-WAY SCALE IN FEET OF RECORD. DUKE POWER TRANS. 2) AREA COMPUTED BY THE COORDINATE METHOD . BOUNDARY SURVEY E.I.P. = EXISTING IRON FOUND 3) EXISTING 760' & 761' CONTOUR ELEV- I.P.S. a ?4 REBAR SET ATION BASED ON LAKE NORMAN LAKE LEVEL AT COWAN'S FORD DAM (READING OF R/W n RIGHT-OF-WAY ON 9/18/2003 ) ELEVATION: 757.0' 214 BULLFINCH ROAD ® WELL 4) UNDERGROUND POWER LOT 3 BEACON P 01 N TE , MAP 1 SCALE 1 40' ______ FALLSTOWN TWSP., IREDELL CO., N.C. FIELD BOOK: 635 FILE: 9313 ACQUIRED BY: PETER J. & JEAN L. ENYEART DC FILE: TAX MAP N0: 4839-13-5889 VICINITY MAP 45.00' 137.23' BULLFINCH ROAD I R = 1377.50' pAVED L = 137 28' 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: Peter Enveart Lake Name: Norman Subdivision Name: Beacon Pointe Property Section: Lot 3 City: Mooresville County: Iredell State: NC Zip: 28117 Telephone: 513-543-5538 Type of Permit Requested "Circle": rivate Facility Commercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 N - West on Hwy 150 - Right on Perth Church Rd - Left on Fern Hill Rd - Right on Bullfinch - Lot on Right Structure on Property (i.e. brick garage, white fence, mobile home, etc. Vacant lot - *Note: Please use the back of this form, if desired, to draw us a map to the site. DUKE POWER DIRECTIONS BY ROAD FORM 1 -5- 1 -l L 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: Peter Enyeart Lake Name: Norman Subdivision Name: Beacon Pointe Property Section: Lot 3 City: Mooresville County: Iredell State: NC Zip: 28117 Telephone: 513-543-5538 Type of Permit Requested "Circle": rivate Facility Commercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 N - West on Hwy 150 - Right on Perth Church Rd - Left on Fern Hill Rd - Right on Bullfinch - Lot on Right Structure on Property (i.e. brick garage, white fence, mobile home, etc. Vacant lot - *Note: Please use the back of this form, if desired, to draw us a map to the site. 1 V1.JVLV11\. - 1 ll\: v? V V J 1 VtJV?lu?JlLll. +viuY ? ??y?-• ? ?? tapoione?' i h ?, ,?-? `yt ,? ,- Copy* '.9B9dOr11 Mips a a aft k t,lt? \ h M{yv : `- !' ?t lr i ?• I f \ ?! `? 4 ?Pv f -"' r `` 1?/`, ? ' 11'Y?'? ? ??' •?' -, /•:?(,. ?\ i?,.. ??l??ti•' I = tialti •+l f^z 4 ?f + ?i` ?, y t `r,1 ? •' ry . ?` 1 y?? ? 1 ??1 ti ,?t?^ /? r ? f? `,;? ?L ? '\` ? ?..?.- t 1?'rt d• ? ?',,?? I t " is ? ? ? ', ?" •. ?.?.-t. r;,?.-.' l ??,Y \v_:?- c?? I L . •`.-i, ?'`? ! /r'.% `7\`!`+' t Yy.•'T'?'--?\ i ". ?` `-._.? •! I,` - - J ; r lj `` l ap '? ^\ \?` .• +1-?? t \,. ?I'' ?`?+5 +tyl?( `II f-?.?' I f f 'tom` 5 I Irk tt+ 9 ?? r:1_! rI Q ? `--.'-f ?? ?? ?„ - ? •?"' ? ?`?1 '11+ ;?' \ ??? t `••., J '1! ? -?+11 ?. .. ~''• -\V e-'7 tl ..J/?? ?t;f v ??'(/:j;. r/(1???,?.+,'?i .77'??; ?`:.?`Fi? j +(\ `;?' /I, Jfjr1'r1 i?'yltl?h\`-' /j ?/ t ! ? ... r f{lfr?i ? I ? i 1 J l ? t• \? 1?.. i ;' /?y. ^ ?,_ _<.:.?? '4t•'?!\?5-ac'yt ,, 'it't / ? •'-?=`,`Iij'? •I ???" ??iiri h, ?y?;!,;, ---.`_.-__,+;t ?OOt ? ,--??•:1?1?.;,?? t!'???1;?1?? !""?ll}y,1`51??\ ;"y' qi?j.%//??/'?'• r ? l r"? ?t? t, j ? Y? 1 ,•," ! i 4 ., ?t l •; i, w_?..__ l !N"1111" Ramp Y ? J f ? ^ ?:1 r ti`,?) '? rls':l ; 0 ?.? ?JS?'???? ?• ? ,•• ` yl 1}j1 ?'?t 11y? I. ? I?ti ?'- ??ri r' 44-1 ,r1 3tt ? I.{I ?????? t'?i ? ??\w?t`?J ? r•"•+„r-???t? f?.. \ .?_? 1 t\ Boat ,r„ r J 5rr ` F v .-t ? -?•v'. +..y r - - } ? \ t?. -_."'• 'rk"i ,?? ;+ '' , /• . ? y . J I 1 ??...- '.. _ .Pitt . r } L o ?1,1 i?1 \ i? < n 1h cif ?r oy. r? %1 • , 1 '-?r?r? PUMP ? • . ? J??'r f'? ,? tip, ?^f ? ?, y, ,.??,. ? 1,?.:=`-s ? tst 0 0.3 0.6 0.9 1.2 1.5 km Mm G 0 0.2 0.4 0.6 0.8 1 mi Map center is UTM 17 507950E 3943381N (WGS84/NAD83) Troutman quadrangle M=-7.128 Projection is UTM Zone 17, NAD83 Datum G=0.051 http://www.topozone.comlprint.asp?z=17&n=3943380.67308925&e=507949.588914904&si... 9/1/2004 It AM It