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HomeMy WebLinkAbout20230538 Ver 1_Shoreline Stabilization_20230418ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLntalQu NA State of North Carolina Environmental Quality Department of Environment Quality Division of Water Resources 1SA NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization FORM: SSGP 09-2020 Shoreline Stabilization Application Form Three copies of the application (including attachments) and the a0olication fee should be sent to: If sending via US Postal Service Paul Wojoski DWR —401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) Paul Wojoski DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 NOTE: Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request to this application. Date of Pre -filing Meeting Request: _/_/ (required) DWR ID Version (if applicable) A. Applicant Information [15A NCAC 02H .05021a1] 1. Owner Information Name: �_nr Mailing Address: Telephone Number: E-mail Address: Fax Nu '� North Carolina Department of Environmental Quality I Division of Water Resources Ce::DJ _`EQ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 „ 1�r"��\ 914707.9000 2. Agent/ Contact Person Information A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signed this application form. (A form can be downloaded here: http://www.saw.usace.army.mil/Portals/59/dots/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORIZ ATION FORM.pdf) Name: Compal Mailing Telephone Number: —i '0 L} - E-mail Address: chn 1r B. Project Information [15A NCAC 02H .0502(a) & (b)j Number: 1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, buildings, retaining walls, docks, impervious surfaces, rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) 4. Location of the property (where work is to be conducted) County:, l'e6e � k Nearest Town: Mob veSV l' P Lake/ river/ ocean adjacent to property: Lake N n f vvia rl Property size (acres): t N Subdivision name or site address (include phase/lot number): r ('J , i(V 0, res\J\AVQ NC 22; 1\) Us Directions to site - please include road names and numbers, landmarks, etc.: -fkk W ll ka( s er» M ( OnAb Wcc),x rA , Inc 41t j9) la C 4 iYt?f iQ to �d grope✓ ty (S crn —41� d Latitude (in decimal degrees) 35. 52 Longitude (decimal degrees) B b . g _ S. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): ` -eC_ 2m FIQQ 6. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): �% P rl_Q Q�U C� o-reC � py � Shbre�t� Castor, FORM: SSGP 09-2020 Page 2 of 5 7. Will work be conducted from land? ❑ From water? S. Total amount of impacts below the normal pool lake level / Normal Water Level Perm�ar ent impacts (including all excavation, backfill, rip rap, retaining walls, etc.) in square feet: impacts in square feet: 9. Total amount of impacts above the normal pool lake level / Normal Water Level and 50 feet land -ward Per7nent impacts (including back fill, excavation, rip rap, retaining walls, etc.) in square feet: impacts (temporary clearing, construction corridor) in square feet: 10. Please describe the vegetation above the normal pool lake level/ Normal Water Level and 50 feet landward to be impacted (number of trees, for instance): 11. Signature By signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time 3U-e3, ' Owner/Agent's Signature* [i5A NCAC 02H .0502(f)] Date 'Agent's signature is valid only if an authorization letter from the owner is provided. 12. Please approximately sketch the following information on this plan and provide dimensions for each Item: a. Ail proposed vegetation clearing b. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation c. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation d. Location of any proposed structures such as buildings, retaining walls, docks, etc. e. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation FORM: SSGP 09-2020 Page 3 of 5 Full Pond/ Normal Water ! ! ! ! Shoreline Plan View Full j Ykr350 R. WMbW <kuiry ' 'Hr�e�nury E Plan View Lake (At Full Pond/ Normal Water level) Lake 4�NproM/xo-mY vmsuw� EyJsdm Dak Rlprap AMPLE enaort rNmW N'M FORM: SSGP 09-2020 Page 4 of 5 7 J ZFT Lake (At full Pond/ Normal Water Level) W C_ E 0 [ Z AA -a c Side ViewCIL Side 3 ft. below full pond water level 4 ft. above full pond water level 2 ft. additional clearing 'd necessary Existing bank 10 ft. bank a height ye Qo QUO AMPLE FORM: SSGP 09-2020 Page 5 of 5 CATAWBA RIPARIAN BUFFER NOTIFICATION FORM Project Name/address: Owner: Print Contractor/agent:_ Print County:' (_p8e l Signature The approval is for the purpose and design described in your application. Impacts not indicated in the application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC 02H .0506 and 15A NCAC 028.0243(8)) Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed. Minimal shaping and sloping along the immediate shoreline is allowed. (15A NCAC 02B .0243(6)] Benching and grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243 (6)] Beaches, Impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division. There are limitation on size for decks. (15A NCAC 02B .0243(4) and (6)] Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction material must be outside the buffer. [15A NCAC 02H .0502 and 15A NCAC 02B .0243 (4), (6), (8)] Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or sheet flow at non -erosive velocities to the lake. [15A NCAC 02B .0243(5), (6)] Acknowledgement of Notification �d?/rl�— �ii/7 . hereby state that I have been informed of the Catawba Riparian Buffer Rule. Any work conducted in the buffer, not specifically stated in the application and approved by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be taken such that the construction will be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plan(s) and specification(s), and other supporting materials. _ Signature (owner): �(��n e:. "'mil Date: ?- /' - j GO gle Maps 188 Gudger Rd Imagery ©2023 Maxar Technologies, Orbis Inc, Map data ©2023 Google 50 ft CJ �S IS -COW (ACC.0 S S 188 Gudger Rd O O iv; � O Directions Save Nearby Sendto Share phone O 188 Gudger Rd, Mooresville, NC 28117 G4CG+MX Mooresville, North Carolina Photos DUKE ENERGY INTERNAL USE ONLY Lake Permit ( DUKE Date Received App Fee Amt Application 'C' ENERGY venion21a Site ID HEP Fee ergy1akeServices Mail Co Mail Code EC124 526 S. Church St. Charlotte, NC 28202 I. APPLICANT/ PROPERTY OWNER INFORMATION (property owner mailing address and contact information) Name* Christopher Bell PrimaryPhone* 05-802-1521 Address* 188 Gudger Road Secondary Phone City* Mooresville State* NC Zip code 8117 Email bellracingavahoo.Com II. LAKE PROPERTY INFORMATION (location of permit) Is there an existing dock or other facilities �✓ Yes If yes, include Dock Tag #. If tag along the shoreline property or over the Lake? MNo cannot be located, note that here. Address* 188 Gudger Road City* Mooresville State* NC Zip Code* 28117 Subdivision county* Iredell Lake* Norman Lot(s) Latitude and longitude of the property. Please use a service/software to acquire the location information. Values should be provided in Decimal Degrees format (35.1245). Latitude (e.g. 35.12345)* 5.52 Example service: http://getlatlong.net/ Longitude (e.g.-80.12345)* 0.87 Ill. PROPOSED ACTIVITY (check all that apply) QNew/Modification of Existing Structure Maintenance of Existing Structure New/Modification of Existing Shoreline Stabilization Q Maintenance of Existing Shoreline Stabilization Transfer of ownership (check box if you want a copy Other (Describe below. If the activity involves an irrigation of permitting history ❑ ) withdrawal, include the pump capacity.) Structure size Is dock covered? Yes R]No Number of slips (square feet) Is structure a common use dock? ❑Yes* y�No Number of jetports *If yes, see special note in section VII Shoreline Stabilization Length of stabilization (feet) Brief Description of the Activity Describe briefly the existing structures over land and water (include sq ft) Materials rap, Stone Distance from shoreline (feet) 2 ft install rip rap and stone along shoreline to prevent erosion W. Additional Requirements (Include with application, limit document sizes to f f"x 12-or smaller) You must include the following items with your application (unless specifically excluded for your application type). Survey stamped/signed by a professional licensed surveyor showing the location of the existing or proposed structure and/or survey of the existing or proposed stabilization (not required for transfer) ❑ Application fee (check only, payable to Duke Energy) ❑ Signed User's Agreement Letter Habitat Enhancement Program payment (required only for ❑New/Modified structures at cat"doa-Wateree and :!eowee-Toxaway lakes and shoreline stabilization at Keowee-Toxaway) V. Application Processing Plan and profile drawing showing all measurements, ❑elevations, and irrigation fine routing (not required for transfer or shoreline stabilization) Local and state permits (contact your county for oil ❑structure applications in NC,' Tega Coy, SC; Kershaw County, SC; NCDWR approval required for shoreline stabilization in NC; not required for other applications) Application is reviewed and determined if complete. Fields with an asterisk are required. If application is not complete or does not include all items and information listed in the checklist, the application will be returned as incomplete. • A Duke Energy representative will visit the site to conduct a visual inspection. • Applicant/Property Owner will be notified of approval or denial, typically via email. VI. Directions by Road road, right onto alcove road, sl on the right. Gate Code I I Vill. Application Submission to langtree road, left onto gudger road, property Please complete, print and sign this application. Then enclose all items required per Section 1V above and submit to the address below. Duke Energy Lake Services Mail Code EC12Q 526 S. Church St. Charlotte, NC 28202 I agree the information contained within is accurate: t� Property Owner Common Use Dock Co -Owner Signature(s) and Information (all owners of common use docks must submit a signed User's Agreement and application fee) Attach additional sheets if there ore more co-aw", Name Address Signature i Name Signature Address DUKE ENERGY PRIVATE FACILITIES i°APPLICANT'S USER AGREEMENT" (Fill in blanks with required information. Please Print) Date 3-27-23 TO: Duke Energy c/o Lake Services - EC 12Q 526 S. Church Street Charlotte, NC 28202 RE: (Lake Name) INorman (Lake Address) 1188 Gudger Road Mooresville NC--]8117 (Applicant's full name) hristopher Bell I hereby agrees to comply with all requirements and conditions set forth by Duke Energy Lake Services ("Duke Energy"), and any federal, state or local agencies pertaining to my/our application to construct and/or maintain a shoreline stabilization (collectively, the "Facility" and together with the right to use any Facility the "Permitted Use") on Lake Orman ("Lake"). In addition, I/we have read and agree to comply with Duke Energy's applicable shoreline or lake guidelines (collectively, the "Guidelines") and understand that written authorization must be obtained from Duke Energy prior to beginning any activity or construction, including changes to land form such as grading, excavation, or filling, within the area subject to the Guidelines. Approval of the Permitted Use is granted and maintained solely at Duke Energy's discretion. I/we understand the Permitted Use may be revoked at any time by Duke Energy or its successors for any reason whatsoever. If the approval is revoked, I/we agree to remove the Facility at my/our own expense within the specified timeframe set by Duke Energy. I/we will complete construction approved as a result of my/our application as described in the approved application and within twelve (12) months following the date of approval by Duke Energy. Failure to complete construction within the 12-month build -out period or any Duke Energy approved extension will require me/us to file a new application that complies with the then - current Guidelines. Uwe agree to notify Duke Energy when construction is completed and during the construction period, Uwe will post the Duke Energy approval provided by Duke Energy at the job site visible from the Lake. Page 1 of 5 P.,1a2eao21 Ihve attest to be the owner or lease holder of the tract of land immediately adjoining the area subject to the Guidelines where the Facility is to be constructed. Ave understand the physical location of my/our lot in relation to the common property line with Duke Energy (if any), the Federal Energy Regulatory Commission ("FERC") or non-FERC Project Boundary (as applicable), and all deeded flood easements. 1/we understand the Lake was constructed as a working reservoir for the primary purpose of producing cost-effective electric energy and that this remains the Lake's primary purpose. There will be no change in reservoir operations as a result of the construction or use of my/our Facility. 1/we acknowledge Duke Energy provides no guarantee of any specific quantities or quality of water in the Lake. Ave understand Lake levels will rise and fall over time in response to weather events and reservoir operations and Duke Energy does not guarantee the Facility or Lake will have sufficient water depth to be accessible by boat or for other water -related activities or uses. Furthermore, Ave understand that the approval of my/our Facility is for compliance with the Guidelines and other Duke Energy documents related to the Permitted Use and is not a statement by Duke Energy that the Facility is acceptable to any other governing body (i.e. a local land use agencies), nor that the Facility will withstand any wear and tear; weather events; or reservoir operations. I/we understand during drought conditions Duke Energy may request reduced usage or discontinued usage of any water withdrawal or related systems, until such drought conditions improve. Failure to do so may cause possible removal of the system or any other Facility that I/we may have. The costs associated with removal of any Facility or non -permitted improvement will be assessed to the lot owner. I/we understand the Facility to be installed and maintained are my/our property and I/we therefore agree to be fully responsible for the Facility including maintaining the Facility in good repair. If the Facility is deemed by Duke Energy to be unsafe or non -compliant with the Guidelines, I/we agree to repair or remove the Facility at my/our own expense and within the specified timeframe set by Duke Energy. 1/we understand Ave may need to obtain approvals from other entities including, but not necessarily limited to, governmental agencies, quasi -regulatory agencies, homeowners' associations, lakebed landowners, and others to authorize my/our Facility or Permitted Use. 1/we understand ownership/interest in a Common Use Facility or residential marina eliminates the option of having a separate private facility on my/our owned or leased lot within the affected subdivision. I/we understand lake use permit holders have the authority to take reasonable and legal steps to prevent others from trespassing on the Facility. I/we also understand, however, that Ave do not have any authority to impede anyone from pursuing lawful public recreation or enjoyment of lands and waters subject to the Guidelines. Except as specified otherwise in the Guidelines, other Duke Energy documents (e.g. Public Safety Plans), or a separate lease agreement, public recreation and enjoyment includes, but is not limited to, fishing around/under facilities built by others, Page 2 of 5 Rev IW=021 walking/wading/fishing within the area subject to the Guidelines, and boating in the Lake's waters without having to get anyone's permission to do so. 1/we understand Duke Energy approval of the Permitted Use in no way constitutes assignment of any interest in real property Duke Energy may have (i.e. land rights). 1/we agree to exercise all care and due diligence to preserve and maintain the character of the area subject to the Guidelines. Ave agree to comply with the Duke Energy vegetation management requirements as stated in the Guidelines. 1/we agree further to not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other waste material to be discharged or dumped into the reservoir, tributaries or property subject to the Guidelines. 1/we understand the Facility shall be used only for the purposes described in the information submitted to Duke Energy and other appropriate governing bodies for approval. I/we agree the Duke Energy property and the land subject to the Guidelines shall be used exclusively for non- commercial recreational purposes and that I/we shall not rent or otherwise allow third parties (except for temporary use by guests, family members, and leaseholders of the residential property) to use the Facility. Mve acknowledge 1/we are responsible for the locating of any submerged utility lines extending from my/our upland property into the reservoir and ensuring the construction and operation of my/our Facility avoids adverse effects to said submerged utility lines. I/we understand trees and vegetation growing within the area subject to the Guidelines play an important role in the overall environmental condition of the Lake. The ecological benefit the vegetation has on the fish and wildlife habitat supports a sound and healthy Lake environment. I/we also understand unauthorized removal of shoreline vegetation or the disturbance of the shoreline buffer is not permitted. Unauthorized removal or disturbance may result in the permanent revocation or temporary suspension or denial of lake use permitting requests for me/us as well as future owners and lease holders. If the removal or disturbance is found to be in violation of the state or county watershed buffer regulations or Duke Energy's vegetation management requirements as stated in the Guidelines, Ave may be required by Duke Energy to re-establish the vegetation. 1/we understand every reasonable effort must be made to minimize adverse impacts on fish, wildlife, and other natural resources. I/we agree to maintain any prescribed mitigation activities that are required in order to gain approval for Facility construction, as long as the Facility exists. Mve agree that if any historic or archaeological resources are discovered during construction of a Facility I/we must stop work immediately and contact Duke Energy. 1/we understand that in the event that anyone discovers a potential site of archaeological or historic significance (whether during construction or not) including any gravesite within the area subject to the Guidelines, the individual must immediately notify Duke Energy. Page 3 of 5 Rey WWI= I/we acknowledge Duke Energy has the right to charge reasonable user's fees for private use of the area subject to the Guidelines and failure to pay any applicable user's fees in a timely manner can result in the suspension or cancellation of any previously approved lake use permit. 1/we understand Duke Energy representatives may issue Stop Work Directives for any violation(s) of the Guidelines or engagement in prohibited acts or activities as specifically identified in the Guidelines. Uwe understand persons found to be in violation will be subject to Duke Energy sanctions which can include, but are not necessarily limited to: 1) restoration of the impacted area at the person's expense; 2) loss of consideration of future lake use permitting activities for me/us as well as future owners and lease holders; 3) permanent revocation or temporary suspension of a previously issued permit for me/us as well as for future owners and lease holders; 4) increase in fees; 5) modification or removal of non -complying facilities; and/or 6) further legal action being taken by Duke Energy. I/we agree to comply with all applicable FERC orders (as modified or interpreted by FERC), with all other applicable FERC Rules and Regulations implemented by Duke Energy, and with all rules or regulations imposed on Duke Energy by any governmental agency. Ave agree not to allow any use of Duke Energy's property, and will exercise due care and diligence to prevent all other persons that are affiliated with my/our property (including invitees, family members, guests, etc.), to violate an applicable federal, state or local law or regulation. Examples include, but are not limited to nudity, illegal discharge of firearms or fireworks, controlled substance abuse, public drunkenness, public urination or defecation, or other activities determined to be a nuisance by law enforcement officials. 1/we specifically waive any claim against Duke Energy for consequential damages arising out of or relating to this application, Duke Energy's approval or denial of it, or subsequent revocation of approval, and Ave specifically understand and acknowledge that, because Duke Energy can revoke the permitted use at any time, Ave am/are not entitled to reliance damages. 11we agree for myself/ourselves, members of my/our family, guests and invitees that Uwe assume all risks of personal injury or property damage incident to my/our occupancy and use of land owned by Duke Energy or any land subject to the Guidelines, including, but not limited to, any personal injury or property damage which may be sustained as a result of flood waters or in connection with the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's reservoirs. Uwe as the adjoining property owner(s) further agree Uwe will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses, judgments and causes of action for all injuries and damages sustained by the members of my/our family, guests, and invitees arising or claimed to have arisen in connection with their occupancy or use of the Facility(s). 11we agree if any action is taken by Duke Energy to enforce any provision, covenant or agreement contained in this user agreement or the Guidelines or if Duke Energy is required to retain an attorney to enforce any provision, covenant or agreement contained in this user agreement or the Guidelines (including, without limitation, the payment of fees due hereunder or the removal of an encroachment constructed in violation of this user agreement or Guidelines), then Duke Energy shall be entitled to recover all of its reasonable costs associated with such an action to the extent Page 4 of 5 n< IN38Q 21 permitted by law, including but not limited to, attorneys' fees and court costs incurred in such action and/or enforcement. 1/we agree to fully disclose all information regarding the Facility to any prospective buyer/leaseholder of the property and any new ownerileaseholder. 1/we agree to notify Duke Energy immediately of any sale or transfer of the property, including the name and address of the new owner and to transfer the permit or Duke Energy lease to the new owner. hristopher Bell Applicant Name 188 Gudger Road Lake Street Address ooresvilie NFC71 8117 City/State/Zip Code 05-802-1521 Preferred contact Phone Number kbellracing@yahoo.com Email Address Applicant Signature 188 Gudger Road Home Mailing Address ooresvilie I NC 8117 City/State/Zip Code �= Home Phone Number 3-27-23 Date Page 5 of 5 0.ev IW29W21 s S: ' "'