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HomeMy WebLinkAbout20030519 Ver 1_COMPLETE FILE_20030430o?oF wHTF9QG r Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources O `C Alan W. Klimek, P.E., Director Division of Water Quality June 9, 2003 The Cliffs of Denver, LLC 614 N. Main Street Salisbury, NC 28144 DWQ Project No. 03-0519 County: Lincoln Page 1 of 2 Subject Property: Webbs Chapel Subdivision, Cindy Lane, Denver, NC Lake Norman [03-08-32, 11-(75), WS-IV (water supply) B CA (critical area)] On April 30, 2003, the Division of Water Quality (DWQ) received your letter dated March 21, 2003 requesting our comments on the "FERC application process" for your plans to construct Community Boat Slips, boardwalk and shoreline stabilization. On June 6, 2003, the DWQ approved the use of General Water Quality Certification No. 3402 (DWQ Project No. 03-0437) for the development of the proposed subdivision. In addition you have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.0168 acres of waters and 0.0168 square feet (ft) of protected riparian buffers for the purpose of constructing the proposed community boat slips, boardwalk and installing river rock along approximately 293 feet of shoreline, as described within your application dated April 28, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The Certification (s) allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Duke Power regulations and permits. Also, this approval 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 and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B.0243(5). 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Boardwalk North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands Page 2 of 2 The proposed boardwalk shall not be constructed within Zone 1 of the Catawba Buffer unless otherwise approved by the DWQ. The boardwalks should be limited in size, shall not exceed six (6) feet in width and should be installed with minimum buffer zone impacts. No trees shall be removed from Zone 1 of the protected buffer, unless otherwise approved by the DWQ. 4. Shoreline Stabilization Shoreline stabilization shall be installed from barge to limit the amount of buffer disturbance. Stabilization shall not occur from March 1st through June 30th due to fish spawning. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, Alan W. Klimek, P.E., NC DWQ, Director Attachments: Certificate of Completion GC 3373 Cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office DWQ Mooresville Regional Office File Copy Central Files DWQ # 03-0519 Date: June 9, 2003 bz MEMORANDUM TO: John Dorney Regional Contact: Alan Johnson Non-Discharge Branch WQ Supervisor: Bex ,lea,-,an Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Webbs Chapel Project Number 03 0519 Recvd From APP Received Date 4/30/03 Recvd By Region 5/10/2003 Project Type shoreline stabilization County Lincoln County2 Region Mooresville Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME GP 30 Waters PT O N F-- 11-(75) WSIV B & cA 30,832. 0.02 F- ?- I - CBR Buffers ©Y ON r?rF-+rr-F-30,32. 0.02 rr- rr-?Fr-? Mitigation Wetland MitigationType Type Acres Feet I F__ F F_ Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y * N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 35.52248 Longitude (ddmmss) 80.99649 Comments: HANDLED UNDER 401 FOR THE SUBDIVISION (#03-0437). BOARDWALK TO BE CONSTRUCTED WILL BE REMOVED FROM ZONE 1 OF CATAWBA BUFFER, cc: Regional Office Central Office Page Number 1 Triage Check List Date: Project Name: ZL r /1, Q DWQ#: ,3 County: n To: ? ARO Mike Parker ? FRO Ken Averitte MRO Alan Johnson F9 RRO Steve Mitchell From: ? WaRO Tom Steffens ? WiRO Noelle Lutheran ? WSRO Cyndi Karoly (Central Office) Telephone : (919) -7 3'.? The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? 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-Pamlic , Catawb 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: lt_c??ejlt? eee,?l zeA A-& I GQiz The Cliffs of Denver, LLC }@ 4 yypp F? ?za/ '(?_? 1e?/??/ l ?I 614 N. Main Street Salisbury, North Carolina 28144 Phone: 704-633-6124 WETLANDS/401 GROUP Fax: 704-633-7898 APR 3 March 21, 2003 WATER QUALITY SECVON North Carolina Department of Environment, Health MAatural Resources Division of Water Quality c/o John Dorney 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 Project: Webbs Chapel of Denver, LLC Planned: Commercial Residential Community w/70 Lots Location: Lake Norman, Lincoln County, Denver, NC With regards to the above referenced project, please find enclosed a Master Plan dated March 6, 2003 (Exhibit 7) and a Boatslip Plan dated March 6, 2003 (Exhibit 5). The Boatslip Plan reflects ten (10) boatslips. Webbs Chapel is situated on approximately 150 acres with a total shoreline of 7,086.92 linear feet. Based on Duke Powers' Lake Management Shoreline Management Plan map dated July 1, 2001 there is a total of 1,268.83 linear feet of 2's, which is classified for future commercial residential access. There will be no dredging associated with these boat slips. The shoreline will be stabilized at the boat slip access lot. We are in the process of obtaining approval for the Shoreline Stabilization. This facility will not require a pump-out based on Duke Power's guidelines for pump outs at a commercial/residential marina. Application is hereby being made to Duke Power Company for the required FERC permit to construct these ten (10) boat slips. The enclosed plan shows the location of these boat slips as well as Duke Power's Shoreline Management Plan Shoreline Classifications. The environmental areas will in no way be impacted. We ask that you advise us, by return mail, of any comments you may have concerning these boat slips or any permits your authority may require. Your comments are a requirement of the FERC application process. We thank you in advance for your cooperation and we appreciate your prompt response. Sincerely, Wendy Ward Enclosures Direct All Correspondence To; Permits-4-U Attn: Wendy Ward 12702 Su/grave Drive Huntersvi//e, NC 28078 (704) 634-4135 Henson-Harrington,Inc. 112 S Old &z="Mc Bond & itz 109 H mftrxwk Notth Ouol®a 98078 704.875.1615 pha w 704975.09.9 fa www.Flmoa-H-riD m 1 MASTER PLAN EXHIBIT Boat Dock Permit SCAM: Webbs Chapel D"W0 7 Lincoln Count North Ca +oIma FRE: y, Webbs Chapel of Denver, LLC btt7 WIDTH 10 Community Boat Slips Lake Norman Henson-Harringtonjnc. 115 S Old Snamle Mood $xib! 109 HmwrwMe, North C uolma 58078 704.875.1615 phom 704.875.0959 is www BOATSLIP PLAN Boat Dock Permit Webbs Chapel LumIn County, North ClftHna Webbs Chapel of Denver, LLC ONHOMT SCALE: 1'-w DATE: 03 5 FIIE: Exhibit5 Fore GAME 1,AND„\ = OL RD i /) ? 4 ? DR o \ \? ?? / f Doode 1 k t j 35 SO ?R ?';?, ttnnJ Fr J t ?J IV* \9 __ ?l z! Terrell m ?•`v., t3 Ir vd'? 150 c c ?? AD J ?s h ?i' ter.: ?` ian ?o / ICJ G nr _.t ,asroac, 9 g, 1 - ? (v ??`? RD .. _.SfTE CR?AWBA _CO /QUNCOLN CO - ?• v v t? ?,i -\\? "? ? G1?'l? ,, t ' -0 TIP ao Q> ??4t,?- \ Denver v \ ?j f NQRh9/t. 4 ?Pa eE a 42 77 77 t 1 MFC?CLENBtJRG 21 ??'?. r - - +- T. -1k 30 I 1 ?1 _ ? ? ? h ? ? .• ?L J? lam, E ? I West d K16,?~ I I4 ?'' LMIESHORE?e( ?00% ` - ,-?/ - _ 1 - f? ? J = ?-? ?t ?ETHE( [6LTTRIANE EXIT fob T "rg 0, RD 16 Lint' S ' ?' ' vE ao 'PO ?.cl .- - I r 73 dW ?? ( c +f ?, / RC Henson-Harringtonjnc. VICINITY MAP ENH BIT SCAIE; 112 & Old Stafta'Bo Rood Boat Dock Permit suite 109 °" ;?75CUD&= 29M 3/6/ Webbs Chapel ? 1 70LB75.OM f m Lincoln County, North Cftl= FKE: """ Webbs Chapel of Denver, LLC ExbM1 CC V . JULY 2001 DATA, SU 04ARY:_ _ 1268.83 IS of 2's 2182.06 Lf of 3's 3636.03 IS. of Environmental / 1309.02' OF /v * ENVIRONMENTAL O LAKE NORMAN 920.84' OF 3's FUTURE 1268.83' OF 2's FUTURE COMMERCIAL / RESIDENTIAL 445.75' OF ENVIRONMENTAL <I 745.25' OF 3's ?o _ FUTURE O' RESIDENTIAL w 15W OF 3's RESID 1881.26' OF ENVIRONMENTAL / * j Henson-Han ngtonjnc. SHORELINE MANAGEMENT PLAN EXHIBIT SCAJZ 112 S.OIdSmumMeRoad Boat Dock Permit suite 109 DDATE: 875 Webbs Chapel B 3 110"7s osse 1n Lincoln Cotmty North C*ohna FM: - Webbs Cbapel of Denver LLC txlubus X2W Radian at end of property watierhnmt i /' O 0 o I I ? 1 Henson-Harringtonjnc. OPEN CHANNEL REQUIREMENTS EXHIBIT SCAM; 113S00 eBcad Boat Dock Permit ; 75 ? Webbs Cherpel D" 6,? 4 FRE: ?. 7OU75.OM fn Lincoln Qxim , North C?olina M4 Webbs Ch. 1 of Denver LLC LAKE NORMAN - - - 1/3 Line at Channel -1/v el n q / DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 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. 1. Applicant Information A. Name B. Mailing Address C. Telephone The Cliffs of Denver, LLC p& F 614 N. Main Street, Salisbury, NC 28144 -a- r (704) 633-6124 Location of Proposed Project A. Lake Norman B. Street Address Unnamed C. County Lincoln D. City, Town, Community or Landmark Denver E. Section N/A Lot /1 Common Open Space (COS) Subdivision Webbs Chapel F. Directions to property by road Hwy. 16N; Right on Webbs Road; '/2 mile down on Left at Cindy Lane G. Latitude and longitude for the project site 35.52248 80.99649 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 l t? B. Material River rock C. Distance from property line/shoreline Follow existing shoreline IV. Intended Use of Project Area A. Private No B. Commercial Yes f ' V. Applicant Signature ' I ??/ I _ Date PLEASE NOTE THE FOLLOWING: Nv \ •? A COPY OF THE COMPLETE APPLICATION W A ROAD AP SHOWING LOCATION OF THE PROEPRTY 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, PARKVIEW 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 The Cliffs of Denver, LLC Mailing Address 614 N. Main Street Salisbury, NC 28144 Telephone Number (704) 633-6124 Fax Number (704) 633-7898 E-mail Address 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agen t has signatory authority for the owner/applicant.) Name N/A Company Affiliation Mailing Address Telephone Number Fax Number E-mail Address 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. 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 Lincoln Nearest Town Denver Subdivision name or site address (include phase/lot number): Directions to site - please include road numbers, landmarks, etc. (This is not necessary If an adequate vicinity map is included): Hwy. 16N; Right on Webbs Road; '/2 mile down on left at Cindy Lane 2. Describe the existing land use or condition of the site at the time of this application: Wooded 3. Property size (acres): 4.05 4. Nearest body of water (stream/river/sound/ocean/lake): Lake Norman 5. Describe the purpose of the proposed work: Stabilize Shoreline 6. List the type of equipment to be used to construct the project: Barge 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 2'/2' 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'/2 ' b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): Wooded - nothing will be disturbed in 50' Buffer - There will also be an additional 50' natural area on lots in this development. _' '_ Appiica Agent's Signat a Date (Agent's s gnature is valid only if an authorization letter from the applicant is provided) Lake (Full Pond) 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. Full Pond Shoreline a q ?.q (? i 25 24 23 i / OPEN SPACE 1.1' 19 COMM-tMl 18 17 Henson Hanfiigtonjnc. SHORELINE/AREA OF OPEN SPACE EXHIBIT 119 & Old 8hurM& Road Boat Dock Permit ?"'L w Rmftwile, ??? Webbs Chapel D" g MMAuW fim Lincoln Cm* Nw& Cfnlma """ Webba ChWl of Denver LLC i Webbs Chapel-Close Up Boat Area 5((,p Webbs Chapel-Left of BS 0A75Lf' 0-- 14: 1 Henson-HarringtonAc. 119 & Old Silk Road sic 109 Hine, North CuoSma 98078 704.8751615 phone 704875.0959 fox WWWJEICS VICINITY MAP Boat Dock Permit Webbs Chapel Lincoln Camay, North CftEw Webbs Chapel of Deaver, LLC SCAIE: DATE: 03 FZ Exhlbal EXHIBIT 1 I CARROL FISHER CONSTRUCTION COMPANY SALISBURY, NORTH CAROLINA 28144 Check date: 03/20/2003 Check: 45232 Vendor: NC DEPARTMENT OF WATER QUALITY Invoice # Invoice Date Gross Amount Retn Amount 3-20-03 03/20/2003 WEBBS CHAPEL 200.00 0.00 U- X- NENNpS1401 GA p UP ANr? ;2003 0 'rERQUAL?TY SECTION 045232 Net Amount 200.00 Check Amount *****200.00