HomeMy WebLinkAbout20230913 Ver 1_Shoreline Stabilization_20230420RECEIVED
CATAWBA RIPARIAN BUFFER NOTIFICATION FORM J U N 2 0 2023
DECIVATER RESOURCES
401 & BUFFER PERMITTING
Project Name/address: 15S Zq V !h4 LyX 1( 1.-0 County: rn eC -e4i to n
Owner:
Contract
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 02B .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 pip 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 028.0243(5), (6)]
Acknowledgement of !Notification
I, w6vVl -5m 'A , hereby state that I have been informed of the Catawba
Riparian Buffe 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): /Z T J4--m Date: l{?. z 3
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA Environmental Quality State of North Carolina
Department of Environment Quality
Division of Water Resources
15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization
Shoreline Stabilization Application Form
FORM: SSGP 09-2020
Three copies of the application (including attachments) and the application 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: y,_/ (required)
DWR ID # Version (if applicable)
A. Applicant Information [7.5A NCAC 02H .0502(a
1. Owner Information
Name:
Mailing Address: 1
Telephone Number:
E-mail Address:
D.pnrfin:rtl of EmimnmellW g1uY�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
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:
tU d i ',1!; 3 f!t i T1;
HON 0RrV1 pdf)
Name: L V
Company Affiliation:
Mailing Address:
edcijr)
Telephone Number: IN 3 01001-1 �- Fax Number:
E-mail Address: C. K amp t I SGi a) i s a hio d, c u-y
B. Project Information [J 5A NCAC 02H 02��a�
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 wails, 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)ii tt
County: nl ccAe n bo r Nearest Town: K V t f
Lake river/ ocean adjacent 4 property: bV main
Property size (acres):
Subdivision name or site address (include phase/lot number): 5$ Z q 1' l o e ko r I A Ln
kv14v<,v 1 I to A L bi g
to site - please include road names and numbers, landmarks, etc.: 1' '—A/C 13 W
Latitude (in decimal degrees),_ Longitude (decimal degrees) --�
5. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): E,01,1denj _
6. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): p o l( j o lG o" n ova t o
FORM: SSGP 09-2020 Page 2 of 5
7. Will work be conducted from land? 0 From water?
8. Total amount of impacts below the normal pool lake level / Normallater Level
Permanent impacts (including all excavation, backflil, rip rap, retaining walls, etc.) in square feet:
Temporary impacts In square feet:
9. Total amount of impacts above the normal pool lake level / Normal Water Level and 50 feet
land -ward
Permanent Impacts (including back fill, excavation, rip rap, retaining walls, etc.) in square feet:
TwVom y Tine (UMPOW ► c1*30 g, 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
OWrW/! is Signature' Cj 5A NCAC 02 , nsr_} (fjl 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 dihm +rslomfor
each Item:
a. All 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
DUKE ENERGY INTERNAL USE ONLY Lake Permit
Date Received App Fee Amt Application
version 21a
Duke Energy Lake Services
Site ID HEP Fee 7 Mail Code EC12Q
526 S. Church St.
Charlotte, NC 28202
I. APPLICANT / PROPERTY OWNER INFORMATION (property owner mailing address and contact information)
* Mary Smith 980-242-7371
Name Primary Phone*
Address* 15824 Pineknoll Ln Secondary Phone
25 961
city* Huntersville State* NC Zip Code P8078
Email chappellsh@yahoo.com
II. LAKE PROPERTY INFORMATION (location of permit)
Is there an existing dock or other facilities a✓ Yes If yes, include Dock Tag #. If tag
along the shoreline property or over the Lake? ❑ No cannot be located, note that here.
Address* 15824 Pineknoll
City* Huntersville State* NC Zip Code* 8078
Subdivision
County* Imecklenburg —�
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)* 135.429
Example service: http://getlatlong.net/ Longitude (e.g.-80.12345)* 80.931
III. PROPOSED ACTIVITY (check all that apply)
❑New/Modification of Existing Structure ✓Q Maintenance of Existing Structure
New/Modification of Existing Shoreline Stabilization 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 ❑ No Number of slips
(square feet) Is structure a
common use dock? [:]Yes*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
appl class B rip rap to avoid errosion
Distance from shoreline (feet) 2
IV. Additional Requirements (include with application; limit document sizes to 11 " x 1 T' 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)
❑ (check only, payable to Duke Energy)
❑ signed user's Agreement Letter
Habitat Enhancement Program payment (required only for
❑ New/Modified structures at and
lakes and shoreline stabilization at
Keowee-Toxaway)
V. Application Processing
Plan and profile drawing showing all measurements,
❑elevations, and irrigation line routing (not required for
transfer or shoreline stabilization)
Local and state permits (contact your county for all
❑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
uirections bX Koaci,
take Nc 74 W then right onto pineknoll In
73
Gate Code
VII. Application Submission
Please complete, print and sign this application. Then enclose all items required per Section IV 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:
Prooerty Owner Signature
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 are more co -owners
Name
Address Signature
Name
Address Signature
DUKE ENERGY PRIVATE FACILITIES
"APPLICANT'S USER AGREEMENT"
(Fill in blanks with required information. Please Print)
Date 5-25-23
TO: Duke Energy
c/o Lake Services - EC 12Q
526 S. Church Street
Charlotte, NC 28202
RE: (Lake Name) lNorman
(Lake Address) 115824 Pineknoll
Huntersville NC 8078
(Applicant's full name) IMarY Smith 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 Norman ("Lake").
In addition, Ilwe 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. Ilwe
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, Ilwe agree to remove the Facility at my/our
own expense within the specified timeframe set by Duke Energy.
Ilwe 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. Ilwe agree to notify Duke Energy when construction is completed and during
the construction period, Ilwe will post the Duke Energy approval provided by Duke Energy at the
job site visible from the Lake.
Page 1 of 5
Rev IN28/L021
I/we 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. I/we 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.
I/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.
I/we acknowledge Duke Energy provides no guarantee of any specific quantities or quality of water
in the Lake. I/we 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, I/we 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.
I/we understand I/we 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.
I/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.
Ave 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
IMUz� �fi
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.
Uwe 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. Uwe 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.
Uwe 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. Uwe 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.
1/we acknowledge Uwe 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.
Uwe 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.
Uwe 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.
I/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.
Uwe 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. I/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
Rev 10/28R021
Ave 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.
I/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. 1/we 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.
Uwe 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. I/we 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.
I/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 I/we specifically understand and acknowledge that, because Duke Energy can revoke
the permitted use at any time, Ilwe am/are not entitled to reliance damages.
I/we agree for myself/ourselves, members of my/our family, guests and invitees that I/we 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. I/we as the adjoining property owner(s) further agree I/we 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).
I/we 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
Revions2oz1
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 owner/leaseholder. Ave 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.
Mary Smith
Applicant Name
15824 Pineknoll
Lake Street Address
untersville FC7 P8078
City/State/Zip Code
8� 7371
Preferred contact Phone Number
happellsh@yahoo.com
Email Address
Applicant
15824 Pineknoll Ln
Home Mailing Address
untersville C 8078
City/State/Zip Code
v 75'- 95'Z
Home Phone Number
5-25-23
Date
Page 5 of 5
Rev 10/MD21
Lake
(At Full Pond/ Normal Water Level)
Full Pond/ NoIMrmalIMIIMI IWater Level
I MI
Shoreline 0 � (!D
Plan View
cu;0 Pond/ Normal Water
36;reTin;' —
2 ft.. 150 ft,
'dIt � ties —
'I w—sary
Plan View
Lake
(At FW PorW Nornui Water Levi) Existing Dock
A, N
3 ft .150 ft
setw fA ponw.qyn
ft . 150 ft
Aa,—V pond; NWL
FORM: SSGP 09-2020 Page 4 of 5
Lake
(At Full Pond/ Normal Water Level)
Side View
3 ft. below fua pond water level 4 ft. above full pond water level 2 ft. additlonal clearing
'if necessary
10 ft. bank
height
Side Vi
FORM: SSGP 09-2020 Page 5 of 5
tea::\ir
IF
It
��
MARY DONALDSON SMITH REV TRUST
6153
MARY DONALDSON SMITH TTEE
66-21/53010474
15824 PINEKNOLL LANE
HUNTERSVILLE, NC 28078 QmY
% 2 at T
---7 Date
Pay to the
Order of /JG9F /V A- R
L Il[ O.vd
Dollars
WNIS FM90 Bank N.A.
North Ca -fir.
i.ra..aea
weltsfar9acom
1:053000 2 L91: L0186 28475354u■06 L53