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HomeMy WebLinkAbout20011324 Ver 1_COMPLETE FILE_20010904O?0 W AT FRQG r o ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Division of Water Quality October 3, 2001 DW Q# 01-1324 Mecklenburg County James R. and Brenda M. Beaty 2315 Meffert Lane Charlotte, NC, 28214 APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules Dear Mr. And Ms. Beaty: You have our approval, in accordance with the attached conditions, to place fill in 0.02 acre of waters in order to stabilize the shoreline on your property on Mountain Island Lake in Mecklenburg County, as you described in your application received by the Division of Water Quality on September 4, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3280, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 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 total wetland fills for this project (now or in the future) exceed 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. 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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in Raleigh at 919-733-9721. Attachment cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy 011324 North Carolina 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) non -soo +?oc i.,ti,,. % non 709 cono a....% 11"- l.rf....... ....?.. .... ..., l..n.....H.....1..I William G. Ross Jr., Secretary r? North Carolina Department of Environment and Natural Resources { i Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality September 19, 2001 % DWQ# 011324 - Mecklenburg County iSSUED FIL C 0 Ll _ -'_ CERTIFIED MAIL-REQUEST RECEIPT REQUESTED James and Brenda Beaty 2315 Meffert Lane Charlotte, NC 28214 Dear Mr. & Ms. Beaty: On September 4, 2001, the Division of Water Quality (DWQ) was notified by receipt of you applications regarding you plans to impact and unspecific length (and area) of shoreline on Mountain Island Lake at 2315 Meffert Lane for the purpose of stabilizing the shoreline of your lot in Mecklenburg County. Approval from DWQ if required to impact these waters. Please provide seven copies of the following information and refer to the DWQ number listed above in your reply. 1. The location and areas of the proposed shoreline stabilization measures must be shown on map 2. Also the Catawba River buffer rules became effective on June 30, 2001 and allow shoreline stabilization measures within the protected buffers along Mountain Island Lake. We are concerned that construction of these shoreline stabilization measures will result in excessive impact to the protected buffers. Please provide details on how you plan to install these shoreline stabilization measures, what measures you will take to minimize impact to the buffers and then how and when you plan to replant the unavoidably impacted portions of these buffers. Please telephone Bob Zarzecki (919) 733-9726, Todd St John (919) 733-9584 or me at 919-733-9646 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely Yours, Z?L go ?or y cc: Mooresville DWQ Regional Office Asheville Corps of Engineers Central Files File Copy LIVV r-C) i A N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service 1 800 623-7748 +- f 1 J FILE COPY Office Use Only: 01 13 24 Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing iIE® 1. Check all of the approval(s) requested for this project: ? Section 404 Permit dj ? Section 10 Permit' 7401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? • 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1. Owner/Applicant Information Q LA? ?? Name: 'h 5 R ??J ?JYI TY Mailing Address•_ Telephone Number: ?De /"/lo' ?/ Fax Number: M &3 E-mail Address: T ?/tl C 2 ! /SO(ITfi - /),e 1-1 tnq 6ejc?Tt'J1m& 2. Agent Information (A signed and dated copy of the Agent Authorization letter must- '1111 attached if the Agent has signatory authority for the owner/applicant.) Name: 3 t P Y - - III. 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. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: LOCI &YtB G4 R (o Nm Subdivision name (include phase/lot number): Directions to site (include road numbers, lan?ima Gm?.??535_.an ltd rna.-fia NA-NcP C Q 1? _P_ F=1P_ef2X 3t51s , ?v?? hMJSP /fin Le` -r. "7D I?gt'_:?; r5?& ?r 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a coordinates for each crossing of a distinct waterbody.)' 4?1' -80.95 V? that separately lists the 6. Describe the existing land use o condition of the site at the time of this app 'cation: 7. Property size (acres): •.5 8. Nearest body of water (stream/river/sound/ocean/lake): I I I M&A 0-o C 6AI 9. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins., The, River Basin map is available at bo://h2o.enr.state.nc.us/admin/maps/.) { Page 4 of 12 f . • t ' ?. t 10. Describe the purpose of the proposed work: eA5?7'1?-?-&%P- Aaac i- - ? 11. List the type of equipment to be used to construct the project: PiY 12. Describe the land use in the vicinity of this project: nT,r1 t?D?,r?J-1/ IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. j V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also. provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a r: delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs'?y?be . included at the applicant's discretion. If this proposed impact is strictly for. wetland or.,,stream mitigation, list and describe the impact iu Section VIII below. If additional space is needed `', r listing or description, please attach a separate sheet. x Page 5 of 12 r t 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** List each impact separately and identity temporary impacts, impacts mclude, but are not limited to: mectlant= clearmg, gradmg, rill, excavation, flooding, ditching/drainage, eta For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or v. online athtti)://www.fema.oo *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, eta) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) I = Last cam impact separately and identily temporary impacts. lmpac is include, but are not ivmted to culverts and associated np-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, eta), excavation, ditching/straightening, eta If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included _ ** Stream names can be found on USGS topographic maps. V a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us¢s.eov. Several internet s#es also allow direct download and printing of USGS maps (e.g., www.tooozone.com. ` www.mapquest.com, eta). Cumulative impacts (linear distance in feet) th all streams on site: n 3 " ' f '7771 '\5 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on map) Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc * List each impart separately and identity temporary impacts. Impacts mciuae, out are not urnitea to: nu, excavation, areaging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed If applicable, discuss construction techniques to be followed during construction to reduce impacts. f Page 7 of 12 r.` . VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwettands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. i> i Y ^ y:( 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wMLmdex.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No [a If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No Q X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules _ Water Supply Buffer Requirements), or other (please identify '')? Yes ? No ? If you answered "yes", provide the following information: K' t. 5 ? tS Page g of 12r? Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact uare feet Multiplier Required Mitigation 1 3 2 1.5 Total Gone i extends out 3u feet perpWdicuiar from near bank of CMannel; Gone l extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? . No ? Is this an after-the-fact permit application? ;..Yes ? No ? 1 -4 MIS' } , t? Page 10 of 12 h XIV. Other Circumstances (Optional): Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabamas Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Page 11 of 12 It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and a LAKE AND RESERVOIR ACTIVITY CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA. OR FERC REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR MAINTENANCE REPAIR AND CONSTRUCTION ACTiVIT1ES) AND NEUSE/TAR-PAMLICO/RANDLEMAN BUFFER RULES. This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15.A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in the Wilmington District's Regional (General) Permit Number 198200030 and Regional Pem-dt Number 198200079 and for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A NCAC 213 .0233-0259 and.0250). This Certification replaces Water Quality Certification (WQC) Number 2674 issued on January 21, 1992 and Water Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded when the Corps of Engineers re-authorizes these Regional General Permits or when deemed appropriate by the Director of the DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portiohs of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certifiication: Activities which r uire approval under either of these General Pennits but do not result in fill, dredging or excavation of waters or wetlands (such as docks, piers or boathouses) do not require written concurrence from the Division of Wate1 Quality as long as they comply with all other conditions of this General Certification. However, Condition No. 5 is applicable to all streams in basins with riparian area protection rules; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for ritten concurrence for a 401 Water Quality Certification must include thZappropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed. between the two agencies in accordance with agreements reached between the Division of Water Quality and the`Division of Coastal Management; 3. Activities which eesult in fill, dredging or excavation of waters or wetlands under this Gcnen;tl Ccrtil'icatiuu lreiuirc written concurrence tiom the Division of Water Quality; 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; Y- WHitr. UIJHLl l r rLHNNY13 raX jl?-r15-,0?r may to u: lu;uo r. UJiuu 5. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins requires written concurrence fi•om DWQ in accordance with 15A NCAC 2B.0233 and 15A NCAC.2B .0259. New-development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and?ar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233 and 15A NCAC 213 .0259. All new development shall be located, designed, constructed, and. maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 6. That appropriate sediment and erosion control practices which equal or exceed those outlined itj the most recent version of the "North Carolina Sediment and Erosion Control (Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available froth the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 7. Rip-rap shall be installed adjacent to bulkheads in fitshwater lakes to ensure protection of aquatic habitat. Construction over wetlands shall be elevated at least three feet above any wetlands, and floating structures shall not. rest periodically on the bottom; 4 8. All sediment an erosion control measures placed in wetlands or waters shall to provide for storage and removal of sewage rathe? than allowing raw waste or other sewage to be disposed directly into surface waters; 11. Additional site-?pecific conditions may be added to projects proposed with fill tinder this C ¢reification in order to ensure compliance with all applicable water cluality ant! effluent standards; c, r G 1? A c 4p t '? ?? - be removed and the natural grade restored after the Division of Land Resources has released the project; , this Certification is not valid until a Finding of No S1gnfictrtt impact (FONS>7 or Record of Decision (ROD) is issued by the State Clearinghouse. All water quality-related conditions of the 9. 10. If an Piers and environboatmehnbtal uses shall be document is required, FONSI or ROD f;hall become conditions of this Certification; zi? i . < Wn I L.F\ Www-%. 1 1 1 VI 11'II'119V 1 a^ • Ji J 1 i.J JVV guy a.r va av .rv V?•J-? a ? ' 12. Concurrence from D`'VQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Regional Permit 198200030 or 198200079, whichever is sooner, 13. When written concurrence is required, the applicant is required to use the enclosed Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 1 June 2000 DIVISION Ol: WATER QUALITY By Kerr T. Stevens Director WQC # 3280 Y, t NC DWQIs Wetlands Unit 401 Water Quality Certification Fees To: Interested Parties 401 Certification Mailing List From: Coleen Sullins Re: a) 401 Water Quality Certification Fees b) Stream length versus area ' The 1998 North Carolina General Assembly adopted fees for the 401 Water Quality Certification Program effective January 1, 1999 (see attached) (Section 143-215.3D(e)]. Fees for "Major Water Quality Certification" (defined as those with greater than or equal to one acre of wetland or water fill or equal to 150 feet of stream impact) will have a fee of $475.00. "Minor Water Quality Certifications" (defined as less than one acre of wetland or less than 150 feet of stream impact) will have a fee of $200.00. Any applications received by DWQ after January 1, 1999 must be accompanied by a check for the required amount. If payment is not included with a request for a Nationwide Permit, the application will be. returned to the applicant as incomplete. If the correct payment is not included with an Individual 404/401 or a CAMA Permit Application. a project file will be created, but the applicant will receive a letter informing them that the project will not be processed until the full payment is provided. Checks should be made out to the N.C. Division of Water Quality. You should be aware of these additional provisions of this new requirement. REQUIREMENTS • Changes to an existing 401 Water Quality Certification require a full new Certification by DWQ. Additionally, any 401 Certification that is requested to be renewed, as a result of the work not being completed prior to the expiration date, also results in a full issuance of a new Certification. A fee is required with each issuance. • Due to the requirement for fee payment for each request, applicants are advised to include as many project details and phases as possible in the initial application. • If a project requires a CAIMA permit and its associated fee, a payment for the 401 Certification request is still required. • No refunds will be issued for denied, modified or withdrawn certification requests. If DWQ or the Corps of Engineers retires a project due to insufficient or inaccurate information, no refunds will ' be issued. .L A a • Payment must be made in full. • Nationwide Permits for minor wetland impacts or those wit4out wetland stream fill that do not require written approval of the 401 Water ..; Quality Certification do not require payment of the fee. If an.applicant., still chooses to submit an application in order to have written approval, to file with their project records, then .the- payment is^required if wetland or stream fill is involved "?'t?.+?. `s.;?'? ? 1 ? .? t.. - M1"'F :?? ?F; r?f K -r •! ?h '`3???j?S?"??{?$ '? 0 Receipts for fees will only be sent upon written request. Also please be aware that the Division considers stream impact to be length rather than area in all cases regardless of Individual versus Nationwide permit status or significant versus insignificant channel. This has been DWQ's policy since February 1997 but recently some confusion has developed with some applicants. Please call Mr. John Dorney at (919) 733-1786 if you have any questions about Certification fees or the stream length versus area. The Wetlands/401 Water Quality Certification Unit of the Division of Water Quality - North Carolina Department of Environment and Natural Resources. For more information please call (919) 733-1786 or write NC DENR/Division of Water Quality, Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621. For information or comments on this Web Site please email Todd St. John - "todd.st.john@ncmail.net" r .;,y?r _ r ?? .K .?-`, fF-v? ?Y F '?M ? i :?'+' 1 x- '.Y iN? ?T.t??.l}, ,-6.+?Y+?'J?? o-.-.. 4 t` 1 ' . MMAPSLASTI yore moach a We direeflon is life 2315 Meffert Ln Charlotte, NC 282149115 httn_//www manhiact mm/mvhlact/m Print mh?rT-'2S lAllf,701-12 e_Qn a<QW7104z AInnnnp.r Page I of I 0innini [ Icon Latitude: 35.343367, Longitude: -80.958071 ] MapQuest : Printer-Friendly Street Map I& "i .s yr Ce?a 300M <%x3 s :^??....... >:??••/•:......: YY:i::i:%isi:::isYY::Y::YiY;Yi%:YY%::?<?:?<i::::.%•::..r > ? h >%? :Q.:• •::y:; :;4}::i^}:•}}}}}:}++: }:4:4:;r.} :.}.}v}:;: [Jrn > 8? :?"}W' v?'••`?vv`•'v ?i?v''v:??%:Y?ii:%:j}.+.Y>v r:. :iwytfi{4 •:: ^::.::::...}.y; •r:: •.: .:.,{•.,:.a...vrr..:...::.......rv...: Y;?.,'>w::;•'.Y%}}x;;;'t?<::`:%•''•:%?:?:c?:4`<:?';::?ti;,•:..•..3?1?„ , .?C ::%;?•l.•:•wr.:n::;Y::Y%::%:ss:YY%:•}:.}}}:•}:<:.:::.::•:%:YY•:Y::;.::;:Y?`.:;}::}:}YYY.\.. ,.r.: :iiiiii::Y%'•:i%:Yi:YY Y2.;^,Yi??:Y.v,:;i Y% ::i•S•Y?:A \ ,:v v:.4nv;v. -:i::'{.if%>:?}.vY Y%`%:%i:}.:;:,':::•i::: i:Y:;i:?:::::LYYY%itiv %:?: ??:. •}nv. ::?!::4:v'vi%:}}%:•vi:{YYi:''YYLLY%i:%i%u::::%:??Y r?iv"i:Yvt''.., .+Zii4i:•:•• ::.fvnv ::Y.:.,v.,w.v:.v;:, ... rnYY{' %''•:r v}. :}};.;:yYv, YvYiY iji.r Y 'M(++}>:{;ti?:tii?iiiiiiit :::•::.vnv:x::::::: i•;;;;; •:::: {•y:: :::::::;::::: ••. rii;Y?v`• :::: nv};.vvv:::::.•. ?::: Wit:} : i:•}};•}}:'iih;4:4:;•:-Y; }}}}:•}}::•}}} •::}}:}:: ;;:;:: •4424x: ri4:;Y ;.•:.}}:bi'•}:^}:4}}}:•}}:4:4.:. vi:!::::::::: nyv::•.v.:}'::::: ti::: ..................+4 ...::. '?i6... v:['? 'w:.}.4:;i:; j;:•nv:: ?:?:is%::'}YtiYYYitiY:::;?::::.v.:..w: r.}'•}:•:;:;:.'t;:.•.?........ y? ..... /2................ i:Y4 ?•%i:%i:%:%i:%i]:%:%i}. i}:%N•}?4:4:;4:•i:•}:%::i:%is%i::?%:::i:::%:%ii:%>:%iii''' ..S(.Q.? •2.:,(\Y?•i :: Yom:;%%:?:%:y?::%:;?:;? :v}j:??%.tii^iii:Yi:;:jai:::;{:;:;:j,>.:;:?i:?{:;i:;;%:>Y? ?:::%{: :?:?}:•. :: / ! ::.y:.,;}}:•}:;•i:::w.v:nv :v:::: n:wn.•••4 ::::::::::::: .......... ;...... :..vv:..• ..8;222•:, v I %i}%•:28}}}};•y}}}}:8iiii::;•}i;•ii}}}}??}i::};i;b?'<^' :.4:. " ``v'i%;2;;;{;.:?}:{•%tii::}}:!•}:8:4:viv; ?:.i%8i:•}i;• L.. lS1 i?\%ii:%iiY}j'riiiiiii:•'.k{;.i}};.y:; l j cP r c 4 9 >} t~'Y r?%?YLti iY?% ?y 4%,- 0 + •`:` h . % °,0 IM, t N, 'SIQ,Mountain Islanti`Pr 102001 Ma uest.oom Inc.: 02001 Navigation 76chnolloa' All Rights Reserved. Use Subject to License/Copyright Page 1 of 1 This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. httn-//www manrniect cnm/cgi-hin/in finrI9Iink=htwn/twn-man nrint&manci2e=1arae&event- 8/29/nl DUKE POWER LAKE MANAGEMENT, ECU-Q P O BOX 1006 ()11 4 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 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- L Applicant Information A ? , k?C-A_T?( A. Name --??-moo ?c '7Rv B. Mailing Address ?l , s ? ? ?C o? 80?O(0 -'7'7D) 375 aaa, cd? M10 _M,) r ?-i (0 ? C. Telephone: r70 ` - $ +1-r IL Location of Proposed Project A- Lake P)IL AJT) I N -?' B. Street Add ess a 1 E (- FC 2.T ?-? ??-- L flu C. County We r- D. City, town, community or landmark LDS E. Section 1 Lot # ?- Subdivision ?5 Q tM? -``?- road w i (o 9mo Ks I r'e FLU ty by ? ?? 1O S pa? p F. (?1.,?.„tl,n'0•t'" Tc3117I?R? Directtpns to Proper 9 n rya l? - ZS""' G. Latitude and longitude for the project site " , J `f ° uad ma ci Please submit a map showing the coordinates or a detailed map (US S q p, ty map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www mapblast com) IV. Intended Use of Project Area III. Description of Project A. Length o Il B. Material C. Distance m A. Private ? B. Commercial V. Applicant Signatur Date U 7 PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF VOOO" THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE - 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-CONSTRU6M NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: Nowma"Wo NC DIVISION OF WATER QUALITY ATTENTION. JOHN DORNEY (o so MW MAIL SER VICE CENTER 0000 RALEIGH, NC 27699-1 ?v Sc 919-733-1786 NCB '?? property line/shoreline (0 ?Y- - 1Tb_ 11 / 10/00ssh ar , MapQuest : Printer-Friendly Street Map 2315 MEFFERT LN, CHARLOTTE, NC, 28214-9115, US Page 1 of 1 Print Options Tye {?»Y_x v::+Y .:^ry: - L` 300m •i:?r ?' ?? ???:pis{:?:::>r?%'%?;?`':::c:..: 4 :.:C.•{: tay£•::,.+ ,?Z`.%Y:::v:;\.::;, •`:-J3 :•:Y{;3:r<S}••<}}••}:>:i:}••ir,::i:<•'.<i't<:!:'<.}y:,.y?;_^y?; l....a.},+,}Y.Y'•::,:%{;{}Y::^.`i;5`.t:••:•.{;<;x•.`.:;: ?':`::;;'+."•;::2;???•Lw :a ...J'? •.'•'m r3r c'C:.}'.v::;`Y .1.;`:?;;`;::;:,y':^v`.•:•'y::::p`.::?:,}J.':.?2;?;'':k'h' l•-. KW? o ' 7 v.x,...., w:{LCv' v. 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No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. htm://www.manauest.com/cgi-bin/ia find?link=btwn/twn-man nrint&mansize=large&event 8/29/01 w Page 1 of 1 MAPS- tASE?reryaere naffs a Iitffe dhveflon in IN* 2315 Meffert Ln Charlotte, NC 282149115 http://www. mapblast. comlmybiastImPrint.mb?CT=3 5.343367%3 A-80.958071 %3 A20000&L'.. 8/29/01 [ Icon Latitude: 35.343367, Longitude: -80.9580711 10:01/01 MON 17:28 FAX 704 375 7534 BEATY S BINDERY 2315 Meffert Ln. FILE COPY Charlotte NC 28214 October 1, 2001 Mr. Todd St John NC Dept of Environment & Natural Resources NC Div of Water Quality 1650 Mail Service Center 401 ISSUED Raleigh NC 27699-1650 E;; VIA FAX TO 919/733--6893 IM 001 RE: DWQ# 011324 Dear Mr. St John; Thank you for your time today in explaining to me what your department needs in order to approve our request for stabilization of our shoreline at the above address. I spoke with both of the people we have received quotes from to find out exactly what they do. They both remembered the property. Duke Power lowers Mountain Island Lake starting in October so repairs,,etc., can be done on the lake. Neither of these people expect to actually "be in the water" to perform the work. They will put up a "buffer" so any muck will not be able to go back into the lake (retention fabric)if needed. They will work from the land with a small back hoe to trench about 8"down and set #51 crushed stone for the gravel footer. Then they put the first course of block all around the area and :la.y:.the:..8xl8" blocks up from that base. They back fill with the same kind of crushed stone up to about 4" from the top stone and then put in fill in dirt enough for a good,stand of grass to be grown. Total should be no more than 40" from baseline. On our property they will go around two trees so they.can be saved. We don't expect this all to be but 2-3 feet from the shoreline, all inclusive. By doing this retainer wall we will.build up the buffer to minimize any runoff going into the lake. We will plant grass and-this will allow the rainwater to soak in rather than run into the lake. We will use only a Duke Power approved contractor for this job to be sure that the work is performed in compliance with standards set. 10/01/01 MON 17:29 FAX 704 375 7534 BEATY S BINDERY -2- Q 002 Todd St John RE : DWQ# 01.i--T24 Following is a copy of our recent survey for this property. The "wood shed" is no longer there. We have marked approximately where the two trees are and where the stabilization will be. If you have any questions about this, please give us a call at 704/375-9222 (7am-6pm) or home 704/847-1416. Thanks again for considering our proposal. We can assure you we only want to IMPROVE this property„ and will do everything in our power to stay within regulations in doing so. Sincerkly, and -renc'l-,T'Beaty Encls. (Survey) PS - Our FA-x: at work is 704/375--7534. Please advise also if you need the "hard copy" of this letter and survey in 7 copies as stated in Mr. Dorney'.s letter of 9/19/01. Thanks again. ALSO NOTE: As discussed our property adjoins Request DWQ#011323 for Richard Beaty at 2321 Meffert Lane and the stabilization wall will be done by the same people and the same way. His survey was not available today, but we will fax that tomorrow to your attention. 10/01/01 MON 17:29 FAX 704 375 7534 BEATY S BINDERY 16003 THIS IS TO CERTIFY THAT ON THE .10THL DAY OF JULY _ - 20 .Dl__ AN ACTUAL SURVEY WAS MADE UNDER MY SUPERVISION OF THE PROPERTY SHOWN ON THIS PLAT, AND THAT THE BOUNDARY LINES AND THE IMPROVEMENTS, IF ANY, ARE AS SHOWN HEREON. THIS PLAT MEETS THE MINIMUM STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA, BOARD RULE .1600 (21 NCAC 56) AND THE ERROR OF CLOSURE FOR THIS PARCEL DOES NOT EXCEED ONE (1) FOOT PER 10,000 FEET OF PERIMETER URVEYEDNDR/VCONOS TIMES THE SQUARE ROOT OF THE NUMBER OF ANGLES TURNED. 4 Rf SURVEY OF: LOT, 26 SECTION 2 MOUNTAIN ISLAND LAKE PAW CREEK TOWNSHIP, MECKLENBURG COUNTY NORTH CAROLINA PREPARED FOR FLOOD CERTIFICATION SCALE 1"=q' THIS IS TO CERTIFY THAT A PORTION OF THE SUBJECT MAP 130OR 18 PAGE 111 PROPERTY _JB_-LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, DEED HOOK PAGE DATED-_ MARCH-P--M 103 ? . COMMUNITY PANEL NUMBER 370158 0045E JOS 0 54076