HomeMy WebLinkAbout20201998 Ver 1_Riparian Buffer Authorization Request_20201218Water Resources
Original Submittal 12/18/2020
A. Owner/Applicant Information
General Information
Primary Contact Email:* kd_rd@hotmail.com
Please list the contact persons erreil for questions or payment on this project if needed.
Who is submitting the application?* ® Owner
❑ Applicant other than Owner
❑ Agent
Is there an agent working on this application O Yes
but not submitting it? O No
1. Property Owner Information:
.....................................................................................................
la. Name on Recorded Deed:*
1b. Responsible Party:
1c. Mailing Address:*
1d.Telephone:* 7046576661
Cecil Kevin Davis and Retha B Davis
(for Corporations)
Street Address
1670 Kale Rd
Address Line 2
Cty
State / Province / Region
Catawba
NC
Postal / Zip Code
Country
28609
United States
le. Email Address:* kd_rd@hotmail.com
B. Project Information and Prior Project History
1. Project Information
la. Name of Project:* Horne of Cecil Kevin and Retha Davis
(Subdivision, facility, or establishnent narre)
1b. Is this a publicly -funded transportation project?*
r Yes
r No
1d. Subdivision Name:
le. Nearest
Municipality:
1f. Property Size: 1.75
acres
1g. County (or Counties) where the project is located:*
Catawba
1h. Property ID# Date of Purchase
470002997821 2/26/2020
Tax RN or Parcel id
1 i. Deed Information
Type of Book Book# Page#
Deed F
0917
Map =Fap: 013 Y 04006
1j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach docurrent
L_Images_Deeds_3556_35560917.tif_doc.pdf 292.55KB
PDF only
1k. How would you like to provide the Latitude and Longitude information?*
r Address Lookup
r Manually
Address Lookup Street Address
1670 Kale Rd
Address Line 2
aty
State / Province / legion
Catawba
NC
Fbstal / Zip Code
Country
28609
Catawba
Latitude * 35.684080
Longitude *-80.987800
11. Is the project located in any of North Carolina's twenty coastal counties?
r Yes
r No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Lake Norman
2b. Water Quality Classification of nearest receiving water:*
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:*
0
(linear feet only)
3. Project Description:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
New home construction.
3b. Attach an 8 %. x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
(lick the upload button or drag and drop files here to attach docurrent
FDF only
3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
click the upload button or drag and drop files here to attach docurrent
FDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
Install 4 foot wide stone step walkway within the first 10 feet (closest to the house) of
the 30 foot buffer.
Attach a site plan as applicable to the project:
click the upload button or drag and drop files here to attach docurrent
FDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this
property/project (including all prior phases) in the past?*
r Yes
r No
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
r Yes
r No
7. Future Project Plans
7a. Is this project a phased project?* r Yes
0 No
C. Proposed Impacts Inventory
Buffer Impacts
Project is in which protected Basin?*
r Neuse River Basin (15A NCAC 02B.0233)
r Catawba River Basin (15A NCAC 02B.0243)
r Randleman Lake Watershed (15A NCAC 02B.0250)
r Tar -Pamlico River Basin (15A NCAC 02B.0259)
r Jordan Lake Watershed (15A NCAC 02B.0267)
r Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type *
Zone 1
Zone 2
Damaged trees
Lake
Permanent
Allowable w/
6,000.
0.00
removed. Stone
Norman
(P)
mitigation
00
Square
steps installed.
FbrmorTerrp
Square
Feet
lVbp label (e.g. Road
Feet
Crossing 1)
h
Total Zone 1 Impacts: 6,000.00
Total Zone 2 Impacts: 0.00
Total Buffer Impacts: 6,000.00
Comments:
We had to remove a tree that broke off during a storm and fell in the water, 3 trees
Mich were leaning heavily toward the dock and our neighbor, all of the which the
landscaper said were dying, and one of which also had cavities caused by ants, and
another tree that had extensive ant damage. There were a few smaller trees taken
out which were casualties of removing the problematic trees. Our landscaper has
mulched the disturbed areas.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*
Our grader left stumps in the ground where the damaged trees were removed to
help maintain stability, and was also able to protect several very large healthy trees.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.*
Our landscaper installed silt fences at multiple levels during construction.
2. Buffer Mitigation
2a. The table below identifies the square footage of impact to each zone of the riparian buffer and the required mitigation.
Zone 1 - Catawba Only
Total Impact Multiplier 11 Required Mitigation
6,000.00
2
12,000.00
Square Feet
Square Feet
Zone 2
Total Impact Multiplier 11 Required Mitigation
0.00
1.50
0.00
Square Feet
Square Feet
2b. What is the mitigation plan proposed for r Payment to private mitigation bank
this project? * r Payment to Division of Mitigation (DMS)
r% Permittee responsible mitigation
2c. Provide a description of your mitigation plan.*
Plant native trees within the 30 foot buffer.
2d. Attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected
riparian buffers, and a plan sheet showing the proposed location of the plantings.*
Click the upload button or drag and drop files here to attach docurrent
Site plan request.pdf 48.17KB
PDF only
2g. Comments: We're not able to create a pdf so per Alan we'll email photos.
E. Diffuse Flow Plan
1a. What type of SCM are you providing?*
r- Level Spreader
r- Vegetated Conveyance (lower SHWT)
r- Wetland Swale (higher SHWT)
W Proposed project will not create concentrated stormwater flow through the
buffer
r- Other SCM that removed minimum of 30% nitrogen
1c. Diffuse Flow Documentation* aick the upload button or drag and drop files here to attach docurrent
Diffuse Flow Doc.pdf 25.08KB
FOF only
F. Supplementary Information
Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
C Yes
r No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR
Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
r Yes
r No
2b. Is this an after -the -fact buffer authorization application?
c
r
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
We received a letter in late November from NC Environmental Quality issuing a
Notice of Violation of the Catawba Riparian Buffer Rule (15A NCAC 02B.0614). We
responded to Alan Johnson and have been working with him since then.
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments: nick the upload button or drag and drop files here to attach docurrent
FOF only
Additional Comments:
We had no clue when we bought this lot to build on how challenging and expensive
it would turn out to be. The incredible rains since we began construction in April of
this year have for sure made erosion control our top priority. The trees we had
removed were broken off from storm/wind or dying from ant damage or leaning
heavily towards our dock or our neighbor's. We were afraid to leave the ones
leaning towards our dock and our neighbor's because if we didn't get them out
before our house was built there wouldn't be any access to get them out later when
they died. There were a few trees that were casualties of the problem ones. We've
mulched the disturbed area and will plant trees per your recommendation and very
very much appreciate any additional reduction in the number of trees we're required
to plant because it's such an immense challenge and will have to be done by hand
somehow.
H. Sign and Submit
N
h
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:* Cecil Kevin Davis
Signature
1(Ltr[Ib ��b`Cd
Submission Date: 12/18/20
(Auto populated field)
Initial Review
Is this accepted into the review process?*
Is this project a public transportation
project?*
ID#*
Version:*
Select Reviewer:
Select Reviewing Office*
Has payment been received?*
O Yes O No
O Yes
O No
20201998
Alan Johnson:eads\adjohnson1
Mooresville Regional Office - (704) 663-1699
C No Payment Needed
r Fee Received
r Need Fee - send electronic notification
Excise Tax $653.00
Parcel Identifier No
Verified by
By:
0014126
3556-0917
County on the
Mail after recording to GRANTEE
FILED ELECTRONICALLY
CATAWBA COUNTY NC
DONNA HICKS SPENCER
----------------------
----------------------
FILED Feb 26, 2020
AT 09:38:00 AM
BOOK 03556
START PAGE 0917
END PAGE 0919
INSTRUMENT # 03642
EXCISE TAX $553.00
Recording Time, Book and Page
day of 20
This instrument was prepared by: THE LAW OFFICE OF ANTHONY S. PRIVETTE, PLLC
3475 East Broad Street, Statesville, NC 28625
www.attorneyprivette.com
Brief description for the Index: 1.862 acres more or less
THIS DEED made this the _ day of of 2020, by and between
GRANTOR
Sheila Mills Elmore, unmarried and
Carolyn Arndt Norman, unmarried
Mailing Address:
PO Box A
Catawba, NC 28609
GRANTEE
Cecil Kevin Davis and spouse,
Retha B. Davis
Mailing Address:
145 Elk Drive
Statesville, NC 28625
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple
all that certain lot or parcel of land situated in Catawba Township, Catawba County, North Carolina and more
particularly described as follows:
That certain tract of land containing 1.862 acres more or less inclusive of exceptions hereinafter
described located in Catawba Township, Catawba County, North Carolina and bounded now or formerly
by natural boundaries and/or persons as follows: On the North by Carolyn Arndt Hager; On the East by
Lake Norman; On the South by Christopher John Wiley and wife, Mary Jones Wiley and On the West by
Kale Road NCSR: #1832 and being more particularly described as follows:
Beginning at a point in the centerline of NCSR 1832, said point being the northwest corner of Lot # One
Plat Book 49 Page 134; thence with the centerline of NCSR 1832 North 05 degrees 16 minutes 35
seconds East 144.07 feet to a point in the centerline of NCSR 1832; thence with the southern boundary
line of Carolyn A Hager North 86 degrees 09 minutes 28 seconds East 416.40 feet (passing through an
existing '/2 inch rebar at 30.04 feet and an existing '/z inch rebar at 400.04 feet) to a point in Lake Norman;
thence south 28 degrees 25 minutes 43 seconds East 84.50 feet to a point; thence South 40 degrees 57
minutes 43 seconds East 41.00 feet to a point; thence South 40 degrees 00 minutes 45 seconds East
88.51 feet to a point; thence with the northern boundary line of Lot # One Plat Book 49 Page 134 South
89 degrees 58 minutes 07 seconds West 582.70 feet (passing through an existing % inch rebar at 22.10
feet and a set % inch iron rebar at 30.10 feet and an existing % inch rebar at 552.68 feet) to the point and
place of beginning and being 1.862 acres more or less in accordance with a survey dated September 09,
2019 by Darrin L Reid, PLS and being all of the property presently identified by Catawba County parcel
identification number 4700-02-99-7821. A copy of said survey is attached hereto and incorporated
submitted electronically by "The Law office of Anthony s Privette PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Catawba County Register of Deeds.
3556-0918
herein for a more particular description. For back title reference see Book 750 Page 632, Book 897 Page
56, Book 1055, Page 165, Book 1076, Page 493 and Book 2627, Page 284 Catawba County Registry.
PARCEL ID: 470002997821
ADDRESS: 1670 Kale Road, Catawba, NC 28609
All or a portion of the above -described property does does not include the
principal residence of the Grantor.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2643, Pagel of
the Catawba County Public Registry.
A map showing the above -described property is recorded in Book Page of the Catawba
County Public Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions: All such
valid and enforceable easements, conditions and restrictions as may appear of record,
if any; and the lien of ad valorem taxes for the current year, which Grantee hereby
assumes.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed
by authority of its Board of Directors, the day and year first above written.
(SEAL)
Sheila Mills Elmore
V
(SEAL)
Carolyn Arndt Norman
State of North Carolina
County of Iredell
1, AyAb 3-1 \/, a Notary Public of Iredell County, and
aforesaid state, do her certify that Sheila Mills Elmore and Carolyn Arndt Norman personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the 2.-5 day of FE'br= , -, r! _, 2020.
(SEAL) i)) r PR1W�'"'•,,
nJXRY ON mk Notary Pub
)Pulav
z
L C _.r0tl
My Commission Expires:
2
3556-0919
This map may not be a certified survey and has not been reviewed by a local government agency for
compliance with any applicable land development regulations and has not been reviewed for compliance with
recording requirements for plats.
DUKE ENERGY CONTROL MON �58-S•-8 — — - ---` B
N- 708415.54 FT
E- 1409Z30.67 FT-
NADI7DATUM
Public An,
N -
q' g I 5 os•o7 o R/W
it
.w� ads.
3 e
• '^ I f
T I
N r v
oa4
V ry L
N ' I
b �
¢
yi.. SS ya pp
qp
k
M
ti;kill
`ge
m�
�#.+$
N.�W
ell
e
�'
:•Q1
W
N OS'T6'35" E' 74q.07'
V.? 85'
M4.tRV-/''j /�
177-----------
..___---- ..
N {
II II
I
M
;
I
I
II I I
I
eP
O
I
'
T
s
00
O-
^biM�rb.A `y
I
b
a
m
tV
�2
II
+x
as'e
Nip
F-•
C� C' n
ern
/
g
n w ?- �, `
`^
q
fi
Y.
N
brnro
L
r1
/ t
k
b a 1
o
1
/
/
ti'
K
I
I
A
I
I
� r
p! o
x9
{
gq n
LN
AA
oL
Jrye
z
U�
W
IL
its
VA 3
oA
/.
gt &\
$�.
ao� 4 i+65�OA+1 GjS.
o
�
^�Q 91
#3,
a
3
t
NC ORfD NAD 8? daiwm
ziY oM
r�.xrevzgarvu rsmx <vrae us f
We have a jpg of our site plan but can't find a way to convert it to a PDF. We talked with Alan Johnson
about this and he said we can send photos to him via email.
Thanks,
Cecil Kevin Davis