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HomeMy WebLinkAbout20041870 Ver 1_COMPLETE FILE_20041122R12@129MR0 Certificate of Completion FEB 0 4 2005 [3ENR - WATERTORMWATER oUAU BRTYANCH YVETIANDS AND S DWQ Project No.: 6Q -??r]b County: TY'e dA ?applicant: Project Name; Date of Issuance of 401 Water Quality Certification: Upon completion of all work approved within the 401 Water Quality C . u'=cation 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, 1621 Mail Service Center, Raleigh, NC, 27699-1621- This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project ens?mecr It is not necessary to send certificates from all of these. ,Applicant's Certi icatio'a Ale CA? C 0 4 P(J ` nTtE (-CC I, IC&C m R1 A-C) , hereby state that, to the best of my abilities, due care and diligence w used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 4a1 Water Quality Certification and Buffer Rules, the approved plans and specin-catipzp, apl other supporting materials. f? ? r}`v Po ,u ;'' JlA 2 L 2 , C L ? Signature: 6 Date: o?- ?bS St 1= c, L L KEN um, PA kti A-6-I)J 6, Ar TA-F . Agent's Certificano 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- Sianattrre: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (Le., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been aut orized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby sate 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 inteirt of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting mat-- ials. Si nature: Registration No.: Daie: 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 December 7, 2004 DWQ# 04-1870 Iredell County Mr. Jeff Cernuto Beacon Pointe Partners, LLC P.O. Box 3604 Mooresville, NC 28117 Subject Property: Lot 8, Beacon Pointe 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. Cernuto: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.004 acre of waters and 0.004 acre of riparian buffer for the purpose. of installation of riprap along approximately 100 linear feet of shoreline on Lake Norman, as described in your application received on November 22, 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). In addition to the requirements of the certification, you must also comply with the following conditions: 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 213 .0243 (5)). 2. No trees shall be removed from the buffer, except along the immediate shoreline (if needed). 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. 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 Nom Carolina ?turally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Page 2 conforms to Chapter 1506 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 Wetlands Unit- Cyndi Karoly Wendy Ward Central Files MEMORANDUM TO: SUBJECT: John Dorney Non-Discharge Branch Regional Contact: _Alan Johnson WO Supervisor: exl'leason Date: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Beacon Pointe Lot 8 County' Iredell Project Number 04 1870 County2 Recvd From APP Region Mooresville Received Date 11/22/04 Recvd By Region Project Type shoreline stabilization Certificates Stream Class Permit Wetland Wetland Wetland Stream Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. GP30 water & O Y _0N F__ F11-(75) wsIV B CA 30,832. 0.00 100.00 F CBR :.BuffersO Y _0N F__F_-F__r- 30,832. 0.00 F-F-O Y Q N F_F_F__r__F__F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: *Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 80.91196 Longitude (ddmmss) 35.64066 Comments: Staff visited the site on 12/6/04. Basic stabilization project. No trees to be removed except immediate shoreline. Work done by barge. Issue by MRO, cc: Regional Office Central Office Page Number 1 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 Mr. Jeff Cernuto Beacon Pointe Partners, LLC P.O. Box 3604 Mooresville, NC 28117 Subject Property: Lot 8, Beacon Pointe December 7, 2004 DWQ# 04-1870 219@20y ? Iredell County V DEC 1 3 2004 WETLANDS AND STORMWATER BRANCH 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. Cernuto: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.004 acre of waters and 0.004 acre of riparian buffer for the purpose of installation of riprap along approximately 100 linear feet of shoreline on Lake Norman, as described in your application received on November 22, 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). In addition to the requirements of the certification, you must also comply with the following conditions: 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 shall be removed from the buffer, except along the immediate shoreline (if needed). 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. 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 Or,e Carolina No Na&ra!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Page 2 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 Wetlands Unit- Cyndi Karoly Wendy Ward Central Files Triage Check List Date: i i 13 o Project Name: 8 a-n 9 DWQ#: 04 18b9 04 i 8:?o r 97i , T ?T , ?T County: Y e I 1 To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran 0 MRO Alan Johnson ? WSRO Daryl, Lamb ? RRO Mike Horan From: Ev_4ti + I)egw Telephone : (919) 'i i 5. Q3 t)4 The file attached is being forwarded to\\kour for your evaluation. Please call if you need as?stance. ? 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 andleman) ? 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: s;4- + 4z dekvm,ne ; ?' shore l'+v,e- 5-{-a ?,? I ? ?A? oY, .d s n.?d-e a -Fo -pre?ve?,-? ?v?esst rte, -1"Lta n {2s ,?la,tn. I - DUKE POWER LAKE MANAGEMENT, EC12-Q t P. O. BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 OR TOLL FREE 1-800-443-5193 O 1 ?+ 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. I. Applicant Information A. Name Beacon Pointe Partners, LLC % Jeff Cernuto B. Mailing Address P O Box 3604 - Mooresville, NC 28117 C. Telephone 704-799-9770 If. Location of Proposed Project A. Lake B. Street Address Mooresville C. County Iredell D. City, Town, Community or Landmark E. Section NOV 2 2 2004 Subdivision Beacon Pointe F. Directions to property by road 1-77 N to exit 36- West on Hwy 150 - Right on Perth Rd - Left on Fern Hill - Right on Wolf Hills Dr - to end on left G. Latitude and longitude for the project site 80.9108 35.63?9f 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 intemet site, www.maosonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) n Ill. Description of Project A. Length of wall 100, 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 Date / Tl?l PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETE APPLeP;ON ITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 15 AVEN UE, ROOM 208, ASHEVALE, 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 Norman Frostcliff Lane WETUWDSMDSTORMATERBRANCH Lot # 8 401 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 Owner/Applicant Information Name Beacon Pointe Partners, LLC % Jeff Cernuto Mailing Address P O Box 3604 Mooresville, NC 28117 Telephone Number 704-799-9770 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 Wendy Ward Company Affiliation Permits 4-U Mailing Address 11290 Olde Cedar Court Davidson, NC 28036 Telephone Number 704-634-4135 Fax Number 704235-1493 E-mail Address Wendy@4SaleByWendy.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. Location County Iredell Nearest Town Mooresville Subdivision name or site address (include phase/lot number): Beacon Pointe IV Directions to site - please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 1-77 N to exit 36 - West on Hwy 150 Right on Perth RD - Left on Fern Hill - Right on Frostcliff Lane - to end of cul-de-sac 2. Describe the existing land use or condition of the site at the time of this application: Wooded Lot 3. Property size (acres): 2.222 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 2' x 100' 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 100' b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): Wooded buffer ca Ag is Signature Da e si ture is valid only if an authorization letter firom 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. v 0?? a_ a N C's to o ~` ?? 4,`aS epi '` a \ a ? l s C, N LIE* JCIq sla 6ufu0?la09;sF?p=S ` ?,?ry0• 0 6uluoz V SO`'ro /o? M J 4aj p 4cf QJ e 10; .f/ h .3 b 03 - J '400 / I c o * 15' Side Setback ?:Z 1 94731r 3 W 359.03 / ` \ t o ~Lot#6(C.O.S.) UOD ` ?. \ H o ° ' take Access Lot 0.394 Acres ti M ,Sc a ` 17,152 Sq. Ft. Ury V y ?? • 00 o' of c 15' Side Setback $\ \ U 4 'Gto c?J ?° ` ; $ ?? J W Setback ?- 16 Side c. ? 95 36 ??vf v, x a 13' '10,Y Front I ch m of 'j -2? 9 ck Setback W o co ? o W 15' Side Setba c?? • co R Si v x . 6i +_ cC C :3 0 ' 0 7S W M C c p O Op 'Z N LL. ?• Jiiv Yo >m U Cam' OfQ? I? 5 0 of c n a N > E I O Ir W _ O w ° 35' Rear Seth u1 0 / o ? S49.00'530E 840 .uv't3Z' __ • 15' Side Setback UCjo- 255,00' 3.,yt 9?, 294.48 z f - - C ? .9 - 284.65'- ?? "? BQ-- -•- --? 10' Rear Utility k Oraina9e Easement (Tj W 50ocK 15' Sid i Setback I I Y ? 35' Rear Setback \ of o on uj -v -a'r?°, \ 3?'?t''OS•s Sao (n ?'? ?? :L °a' o ?k<? a: Fl. tag u +. W '?+N r ?.Z?S(+ ,^ \ / ••+n in M? N e n'T 401 c? iA eA? front Set Iz ( U) 0 % _ W . _ _ . ? ?? ,• o ? ? c'? ? U U ?-?lo°fdd?`u X03 d N.a: 011 Ili, Im, to; 60, ZQr Al. 9Q grv Sr t£ £'ll 'a a ;u _I 'gr n D OW+ .p l.(tJ Imo. I I r 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: Beacon Pointe Partners, LLC - Jeff Cernuto Lake Name: Norman Subdivision Name: Beacon Pointe Property Section: Lot 8 City: Mooresville : County: Iredell State: NC Zip: 28117 Telephone: 704-799-9770 Type of Permit Requested "Circle: Private Fa Commercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 North to Exit 36 - West on Hwy 150 Right on Perth Rd - Left on Fern Hill - Right on Frostcliff Lane - to end side of cul=de-sac Property (i.e. brick garage, white fence, mobile home, etc. Wooded Lot *Note: Please use the back of this form, if desired, to draw us a map to the site. ! ? •.aryv vim. v... .. ?.. .. ?.-ter Draw New Man Current Map Maw ttinass Mad MaR Reaister with Whaft Nearby ck* to view on map Dining r Coffee shops r Restaurants r Brew Pubs r Chinese r Italian r Me)d= r Pizza r Seafood r Steak +Recreation & Entertairxnent +Community Services +Shopping & Services +Travel -00.91195 1399 MLby ro ps on Us tW B198i-2oDi Td&AtkS K1rL, SwitdlboarA Use subAct M LICENSE. Scale (main): 0.40 - .` Map.CucldM will Show Long/Lat y RJR MEk; t_:? > WHAT?S NE,?R?l(?. rl -s a Ex&in Map Operations Problems printing? Get a Printable Maa. E'AN BY.= t rlaiF tr & j. ZOOM FAR N ZOOM IN Home I About Us I Contact Us I Link To Us I Advertise I Privacy POlicy http://Mapsonus.switchboard.com/bin/maps-maponly/usr-41216328.e7663.435d.5/c=21 /fL.. 8/16/2004