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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