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HomeMy WebLinkAbout20011472 Ver 1_COMPLETE FILE_20011010O?O? W A T ?9?G C) 7 O 'C Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality November 8, 2001 DWQ # 01-1472 Lincoln County Gerald Howard 3387 North Hwy 16 Denver, NC 28037 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) Dear Mr. Howard: You have our approval, in accordance with the attached conditions, to impact 1800 square feet of riparian buffer for the purpose of stabilizing a shoreline on Lot 69 Sailview subdivision in Lincoln County as described in your application received October 10, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3200, which can be downloaded from our web site at htto://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Regional Permit Number 198200030 when the US Army Corps of Engineers (USACE) issues it. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers as required under 15A NCAC 2B .0243(8). In addition, you should get anj other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Noah-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 16A 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, 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 Pete Colwell in the DWQ Mooresville Regional Office at 704-663-6040 or Todd St. John In Raleigh at 919- 733-1786. Attachment cc: US Army Corps of Engineers Asheville Regulatory Field Office Mooresville DWO Regional Office Central Files File Copy Chip Bridges; CBC Custom Shorelines, Inc.; 628 Oakridge Farm Hwy, Mooresville, NC 28115 01-1472 Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-7015 Michael`f. Easley, Governor William G Ross Jr., Secretary North Carolina Department of Environment and Natural Resources *Q N Customer Service 1 800 623-7748 Office Use Only: Version April 2001 USACE Action ID No. Form 011472 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. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit Section 10 Permit ?OI 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: Applicant Information 1. Owner/Applicant Information Name: Gerald Howard Mailing Address: 3387 North Hwy 16 Denver, NC 28037 Telephone Number: 704-528-6425 Fax Number: 704-528-9356 E-mail Address: 2. Agent Information (A signed aid dated copy of the Agent Authorization Wter 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' E-mail Address: cbcseawalls@aol.com 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 j' f ::?7 showing property boundaries and development plaris 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. Name of project: Gerald Howard T.I.P. Project Number (NCDOT Only):_ Property Identification Number (Tax PIN): Location County: Lincoln Nearest Town: Denver Subdivision name (include phase/lot number): Sailview Lot 69 Directions to site (include road numbers, landmarks, etc.): 177 to exit 28 Turn right on catawba Ave Go 73 to Hwy 16 make right on 16 right on Webbs Rd make left on Buena Vista Drive Lot at end. Site coordinates, if available (UTM or Lat/Long): Lat. 35.518069 Long -80.003806 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: Wooded lot Property size (acres): .78 Nearest body of water (stream/river/sound/ocean/lake): Catawba River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http //h2o enr state.nc.us/adminimaps/.) Describe the purpose of the proposed work: To stabilize shoreline and to stop erozion List the type of equipment to be used to construct the project: Track Hoe Describe the land use in the vicinity of this project: Private Homeowners 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. N/A 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: None 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 delineation map, whether or not impacts are proposed to these systems. Wetland and strettn evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Wetland Impacts Wetland Impact Site Number (indicate on map)Type of Impact*Area of Impact (acres)Located within 100-year Floodplain** (yes/no)Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list i*;ipacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Floodf Insurance Rate Maps (FIItlvn, or FEMA-approved local floodplain maps. Maps are available through the tEMA Map Service Center at 1-800-358-9616, or online at 11iu).0%N ?c.tcnw.s?n. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: nont- Total area of wetland impact proposed: Shoreline only/ eroded bank Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map)Type of Impact*Length of Impact (linear feet)Stream Name**Average Width of Stream Before ImpactPerennial or Intermittent? (please specify)* Listeach impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-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, etc. 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. If 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 _ ?. Several internet sites also allow direct download and printing of USGS maps (e.g., H\Nw tol)ozone.com, %N"N\.nta a uest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: UT 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.)* Lisp each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 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/emb ent, excavation, installation of draw-down valve or spillway, etc.):- f1,11tq Proposed use or purpose of pond (e.g., livestock w tering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface 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. to buffer. 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 do 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 httpLh2o.enr.state.nc.usrncwetlands/strm?ide.html. 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 Liver 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. CBC will access down property line South side of lot 69 and 70. There is no trees (shown in Photo) that will be taken out or disturbered. All work will be done on the shoreline CBC will shape and slope the shoreline installing matting and ri W for a compact finish and heavy border. CBC will need 18" to 2' of area above 760 line. 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'notb 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 J available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http nh2o cnr.statc.nc.us/NNrpimdcx.htni. 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): 1800 Amount of Riparian wetland mitigation requested (acres):_ Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres):_ Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes 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 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 Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map 01 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 onithe 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. I Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes N? If you answered "yes", provide the following information: 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*lmpact (square feet)MultiplierRequired Mitigation I321.5Total? Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 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. 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. 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. 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-t - ct permit application? Yes No Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advarwe 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 Threatened Species; accessibility problems, or other issues outside of the applicant's control). Q/ 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 US Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 Telephone: (828) 2714854 Fax: (828)271-4858 Raleigh Regulatory Field Office US Army Corps Of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Telephone: (919) 876-8441 Fax: (919) 876-5283 Washington Regulatory Field Office US Army Corps Of Engineers Alexander Cherokee Iredell Mitchell Union Avery Clay Jackson Polk Watauga Buncombe Cleveland Lincoln Rowan Yancey Burke Gaston Macon Rutherford Cabarrus Graham Madison Stanley Caldwell Haywood McDowell Swain Catawba Henderson Mecklenburg Transylvahia Alamance Durham Johnston Rockingham Wilson Alleghany Edgecombe Lee Stokes Yadkin Ashe Franklin Nash Surry Caswell Forsyth Northampton Vance. Chatham Granville Orange Wake Davidson Guilford Person Warren Davie Halifax Randolph Wilkes Beaufort Currituck Jones Bertie Dare Lenoir Pitt Tyrrell DUKE POWER LAKE MANAGEMENT, EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800443-5193 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 pl4cing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE FILING AE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. 1. Applicant Information A. Name Gr C, o? d WA e) -Jz mod B. Mailinb Address P n y e,r rt ?? 0 3'`l C. Telephone: `? D 5a$ - X2.5 II. Location of Proposed Project A. Lake ff o r Y`r?Q-5(1 B. Street Address C. County Li 0-C- a I Vl D. City, town, community or landmark ? e Y E. Section Lot # ID9 Subdivision ? Y F. Directions to property by road T I k Lx ? cog Tt_jrn 2,tr?.hf- one" . o? 3? H `l I 1 a" f`t 1n lk ?? dv? u.QY]ci? '? Dr•? ?,•-° o.A. G. Latitude and longitude for the project site 5, $t>(o Please submit a map showing the coordinates or a detailed map ( SGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www.mapblast7cons) III. Description of Project N A. Length of wall--- lub B. Material `Z Q C. Distance from property line/shoreline t?.k if- IV. Intended Use of Project Area A. Private B. Commercial / Date ID A V. Applicant Signature ? NOTE: PLEASE SUBMIT COPY OF APPLICATION WITH ROAD MAP' SHOWING LOCATION OF PROPERTY TO: US ARMY CORPS OF ENGINEERS 151 PATTON AVE. - ROOM 10 a 0'9 ASHEVILLE, NC 28801-5006 u6/28ro0ssh Print Map Page 1 of 1 Map for GIS User Location of Point #1 1 inch = 2000 feet Lake Norman North 7.5-minute Quadrangle a + 1. 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LAKE ' NORMAN 3f7 !!6 v MG 251 233 X 2V 2M 3NG 361 us 30 20 IN 2Q 2f1 ifs 2" e able Homes Available at SailView CRESCENT COMM www. t;rescentco mmunitie; Q Equal Housing Opportunity. This subdivision is registered with the Office of Interstate l .and Sales Registration of the Federal law and read it before signing anything. No Federal Agency has judged the merits or value; if any, of this property. This a solicitation is prohibited by applicable law. SailView is a community by Crescent Communities. Crescent Communities is a trac right to alter home specifications and prices without obligation. To reach SailView from Charlotte, follow Highway 16 North approximately! five miles north of Highway 73. Turn right on Webbs Road and go approximately two miles to the $ailView entrance. 0 3?o1e ti? n' ?L O??O °4ti s°i kF+F 0 ? o to ,,,q !?n\ q q d? o //,t. ?rP C act O'D?ap0 ?y z ? 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Ntl 15? at 8 ' O ?2 t A IN, 'o a LN 3j 1 WtlM ?tl v ._ M3 ?o r.rre r r r i' ii I t 1 788 1 1 r i ?I Filed for registration and recorded t Public plat Book 9. Page 208, LincolnD? BY: _ ELAINE N. KARMW, gEGISTER OF G R A t SUM-A.A ?98 ,00 o 1 C V r. . w ? G ndd 90, 3Q , lob ? X43 ,Ire 4W 41MOW v' '?• / y, . / 4b W?w / 6 ..avow .m 3.74' / I L her ? amem fta no %S O r &MCC.I 9 ,Xog , , ,. 9tTOT 20,78 emu, ? ?()I oc+?? 1.?? ? 1 GOAV fill OP 1 60 ? N01"? 1 e. 6h veil, dQiDRa? ?j t11A i • ?i i low A?L a..w•4Q .jh 3h??;r9natrin9.. , Filed for registrati.bn am Plat Hook 9. Page 2q6j Lit ISTE gff,G ELAINE N. 140 70 0n ama. SW AEA ? 4 !?• • --..r"` ?, :,.:yam .''.? ;?? 1 J ^? ?'l y a Ja?ri r. t AP" , sr i