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Home My WebLink About20160549 Ver 1_Riparian Buffer Authorization_20160527LETTER OF TRANSMITTAL DATE05-26-16 TO NCDWQ - 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Atthn Karen Higgins FROM Anne Scott PROJECT ISWA Nature Preserve Park DPR PROJECT #. 15010 RE Riparian Buffer Authorization Permit Submittal landscape architecture Dw civil engineering planning 2o180540 WE ARE SENDING VIA- UPS MAY 2 7 72016L!�l I COPIES DATE NO. DESCRIPTION , 3 Riparian Buffer Authorization Form - Signed 1 Fee -$240 Check 3 05-26-16 EX -1 Exhibit Plan 3 Copy of Deed 3 AV Soils Map 3 Portion of USGS Map Zrr-lc D THESE ARE TRANSMITTED - FOR APPROVAL FOR REVIEW/ COMMENT REMARKS. This is a County Park project COPY TO Brian Bennett, Mecklenburg County FOR YOUR USE OTHER: SIGNED: RECIEVED DPR Associates, Inc. ■ 420 Hawthome Lane - Chaiotte, NC 28204 - phone 704.332.1204 - fax 704.332.1210 - www dprassociates net DWR State of North Carolina Department of Environment and Natural Resources Dkbkm of Vlkfor Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) — Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1a. Name of project ISWA Nature Preserve, Mecklenburg County Park 1b County Mecklenburg 1c Nearest municipality: Charlotte 2 1d Subdivision name: N/A 1e Is the project located in any of North Carolina'sAT twenty coastal counties. If yes, answer 1f below — RESO El Yes BUFFER PER 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Owner Information 2a Name on Recorded Deed: Mecklenburg County 2b Deed Book and Page No 06621, p.0430/0441 2c Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 2d. Responsible Party (for Corporations)- Mecklenburg County Contact- Brian Bennett 2e Street address 3205 Freedom Dr, Suite 101 2f City, state, zip Charlotte, NC 28208 2g Telephone no - 980-314-2539 2h Fax no : N/A 21 Email address. Brian Bennett@mecklenburgcountync.gov> 3. Applicant Information (if different from owner) 3a Applicant is: ❑ Agent ❑ Other, specify - 3b Name. 3c Business name (if applicable) 3d. Street address: 3e City, state, zip 3f Telephone no 3g Fax no 3h Email address - 4. Agent/Consultant Information (if applicable) 4a Name. Anne Scott 4b. Business name (if applicable) - DPR Associates, Inc 4c Street address. 420 Hawthorne Lane 4d City, state, zip- Charlotte, NC 28204 4e Telephone no.: 704-332-1204 4f Fax no.. 704-332-1210 4g Email address- ascott@dprassociates.net FORM: BA 10-2013 Page 1 of 5 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 113-34-106 (Phase 1 parcel) 1b. Site coordinates (in decimal degrees), Latitude, 35.21 1 Longitude -81.11 1c Property size 14.67 acres (Phase 1 parcel) 2. Surface Waters 2a. Name of nearest body of water to proposed project. Lake Wylie 2b. Water Quality Classification of nearest receiving water WS -IV, CA 2c. River basin Catawba River 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: Wooded and open fields 3b. Attach an 8'/z x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 300 LF Lake frontage for Phase 1 parcel 3e. Explain the purpose of the proposed project: County Park — Nature Preserve with walking trails and lake overlook area 3f. Describe the overall project in detail, including the type of equipment to be used Small 20 space parking lot, pedestrian trails and overlook area 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ project (including all prior phases) in the past? ❑ Yes X❑ No ❑ Unknown Comments, 4b If yes, who delineated the jurisdictional areas? Name (if known)- Agency/ Consultant Company Other. 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes X❑ No ❑ Unknown 5b. If yes, explain and detail according to "help file" instructions. 6. Future Project Plans 6a Is this a phased project? X❑ Yes ❑ No 6b If yes, explain. Future phase will provide additional hiking trails, pedestrian amenity areas, and possible parking expansion FORM: BA 10-2013 Page 2 of 5 C. Proposed Impacts Inventory 1. Buffer Impacts 1a Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico X❑ Catawba ❑ Randleman ❑ Jordan ❑ Goose Creek 1 b Individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ mitigation) required? (sq ft) (sq ft) or Temporary 131 X ❑ P Permanent Allowable Catawba ❑ Yes 1880 2650 ❑ T Accessible 8' ❑ X No wide paved pedestrian trail B2 ❑ P Temporary Silt Allowable Catawba ❑ Yes 2920 4600 X❑ T fencing and ❑ X No minor grading beyond trail B3 ❑ P ❑ T ❑ Yes ❑ No B4 ❑ P ❑ T ❑ Yes ❑ No B5 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 4800 7250 1c Comments D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Proposed trail alignment follows existing old road bed and utilizes existing pipe culverts. (If trail rerouted outside of buffer, project would require extensive clearing, grading, and storm drainage disturbance work in existing steep slope beyond buffer.) lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proposed methods: 1) Use of double row silt fence along lakeside limits of disturbance 2) Use of small construction equipment for minor earthwork and trail paving 3) Accelerated requirements for mulch and revegetation of disturbed areas FORM: BA 10-2013 Page 3 of 5 2. Buffer Mitigation All buffer impacts and high ground impacts require diffuse flow or other form of 2a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes X❑ No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below Zone Reason for impact Total impact Multiplier (square feet Required mitigation (square feet Zone 1 public (federal/state) land? 3 (2 for Catawba) lb Zone 2 ❑ Yes ❑X No 1.5 environmental document pursuant to the requirements of the National or State (North Total buffer mitigation required: Carolina) Environmental Policy Act (NEPA/SEPA)? 2c. If buffer mitigation is required, is payment to a❑Yes mitigation bank or NC EEP proposed? ❑ No If you answered "yes" to the above, has the document been finalized by the State 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments, Comments E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1a If due to site constraints, a BMP other than a level spreader is proposed, please provide a ❑X Yes ❑ No plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP public (federal/state) land? Manual and attach a BMP Supplement Form. lb F. Supplementary Information 1. Environmental Documentation 1a Does the project involve an expenditure of public (federal/state/local) funds or the use of ❑X Yes ❑ No public (federal/state) land? lb If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑X No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ❑ X No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑ X No FORM: SSGP3080 8-13 Page 4 of 5 2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s): Brian Bennett -4ts/Ze1l6 Applicant/Agent's Signa ure Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent by First Class Mail via the US Postal Service: NC DWR, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 For all other projects sent by First Class Mail via the US Postal Service Karen Higgins NCDWR-401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 For government transportation projects sent by delivery service (UPS, FedEx, etc): OR NC DWR, Transportation Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 For all other projects sent by delivery service (UPS, FedEx, etc.): OR Karen Higgins NCDWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 FORM: SSGP3080 8-13 Page 5 of 5 b'FC: , 06fiei PC.- 0433/0441 # s O242 i i . 00 REGISTERED AUG/30/199i i2t35RN ANNE A. POKERS REGISTER Of DEEDS NECK. CO. H.C. CIVIL ACTION STATE OF NORTH CAROLINA •=- {- IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF MECKLENBURG f !',� i . i G FILE No . 91—SP— MECKLENBURG COUNTY, Plaintiff _ v. -• ^ �� ., C.S.C. Myrtle P. Thompson, Individually and as Trustee under deed recorded in Book 4611, page 997, Mecklenburg County Public Registry; John T. Thompson and spouse, if any; 0. 0. Thompson, Jr. and spouse, if any; Richard Kirk Thompson and spouse, if any; Teddie C. Thompson and spouse, if any; Rebecca Kay Thompson and spouse, if any; Thomas W. Alexander, Jr. and spouse, if any; Margery Alexander Bour is and spouse, if any; Sarah Land Alexander and spouse, if any; Margaret Stafford Alexander and spouse, if any; Mary Charlotte Fischer and spouse, if any; Lydia Alexander McNeary and spouse, if any; Robert Flow Alexander, Jr. and spouse, if any; James Frost Alexander and spouse, if any; Susan Alexander Boone and spouse, if any; Stella Alexander Harmon and spouse, if any; John Alexander and spouse, if any; Sara Jo Todd Williams and spouse, if any; Carl M. Postell, Lessee; Catawba River Coon Club, Lessee; and if any of the above be deceased, then their legal representatives, heirs, and assigns; and any and all other interested persons, whether sane or insane, adult or minor, in ease or en ventre Ig mere, known or unknown, resident or non—resident, live corporations or dissolved corporations, who might have or claim any right or title to the property which is the subject of this action, Defendants. TAKE NOTICE: 1. That on the 30th day of August, 1991, plaintiff, Mecklenburg County, pursuant to the provisions of Chapter 40A of the General Statutes, instituted the above -captioned civil action in the Superior Court of Mecklenburg County to acquire by condemnation the real property interest hereinafter described. 2. That the above-named defendants are the persons the plaintiff is informed and believes may have or claim to have an interest in the property. 3. The following matters are set forth in Exhibit A attached hereto and made a part hereof: paragraph I, a description of the entire tract or tracts of land Affected by the taking; paragraph II, a statement of the property taken for public use; and paragraph III, a description of the area taken. This the 30th day of August, 1991. The is cer fieri "be the ate indic a with he C rk of N rth Carolin . C BY= A ist nt Cl k f l l CB/0096B Attorney for the Plaintiff Q, Mecklenburg County 2100irst Union Center Char tt , NC 28282 V (70 3 7-1634 ;u rio o ' k..N4 e�l I :perior;i�Cbur�,L in ��i i�T,'�� •fir' •• J' MECKLENBURG COUNTY, NORTH CAROLINA V. J. C. THOMPSON HEIRS EXHIBIT A I. General Description of Entire Tract Affected by Taking: Tax parcels 113-053-011, 113-053-12 and 113-053-13, being a parcel of approximately 1.125 acres; a parcel of approximately 13.48 acres; and a parcel of approximately 3,000 square feet (reversionary interest) respectively in Berryhill Township, Mecklenburg County, North Carolina. II. Statement of Property Taken: Fee Simple Absolute as to parcels 113-053-11 and 113-053-12; and Reversionary Interest as to parcel 113-053-13. III. Specific Description of Property Taken: All that certain lot or parcel of land, situate, lying and being in Berryhill Township, Mecklenburg County, North Carolina more particularly bounded and described as follows: BEGINNING at a point, said point being in the centerline of Wilkinson Boulevard (U.S. Hwy 29), said point being the common westerly corner of Lots 1 and 2 of property of S.A. Berryhill Estate as same is shown on a map thereof recorded in Map Book 4 at Page 303 in the Mecklenburg Public Registry; and running thence with the said center line of Wilkinson Boulevard with the arc of a circular curve to the right having a radius of 3,458.00 feet and an arc distance of 631.93 feet, said arc having a chord bearing of S 66-18-19 E and a distance of 631.05 feet to a point; running thence N 73-49--11 W 96.05 feet to a point, said point being in the northwesterly corner of lands of Mecklenburg County as same is described by deed recorded in Book 6331 at Page 1757 in said registry; running thence with the westerly bounds of said lands of Mecklenburg County the following five courses and distances: 1) S 09-42-48 E 130.61 feet to a concrete monument; 2) S 01-33-37 E 124.77 feet to an iron pin; 3) S 04-23-07 E 212.37 feet to an iron pin; 4) S 10-05-19 W 123.72 feet to an iron pin; and 5) S 06-21-29 W 157.93 feet to an iron pin in a stump, said iron pin being in the northerly line of lands of Mecklenburg County as same is described by Tract Three in deed recorded in Book 6330 at Page 1470 in said registry; running thence with said northerly line of lands of Mecklenburg County the following four (4) courses and distances: 1) S 87-29-33 W 136.95 feet to an iron pin; 2) N 85-01-54 W passing an iron pin at 140.30 feet a Lotal distance of 260.49 feet to an iron pin in a stump; 3) N 85-18-54 W passing an iron pin at 80.12 feet a total distance of 160.06 feet to an iron pin; and 4) N 66-21-00 W passing an iron pin at 21.09 feet and at 195.29 feet a total distance of 288.69 feet to a concrete monument, said concrete monument being in the common bounds of said Tract Three of lands of Mecklenburg County, as described in Tract Two in said Book 6330 at Page 1470 in said registry, and the lands herein described; running thence with the easterly margin of lands of Mecklenburg County as described in said Tract Two, N 06-35-56 E 322.70 feet to an iron pin; said pin being in the easterly bounds of lands of Crescent Resources, Inc. as same is described by deed recorded in Book 3146 at Page 165 in said registry and designated as CAT --248 in said deed; running thence with said easterly bounds of lands of Crescent Resources, Inc. the following three (3) courses and distances: 1) N 31-43-09 E 211.03 feet to an iron pin; 2 ) N 41-59-06 E 91.70 feet to an iron pin; and 3) N 09-15-25 E 199 .9 2 feet to an existing "X" mark; running thence S 73-51-45 E 61.37 feet to an existing "X" mark; running thence N 22-24-15 E 83.15 feet to a point in the center line of Wilkinson Boulevard, said point being the point and place of Beginning and containing 13.48 acres as same is shown on a survey by R.B. Pharr & Associates, P.A. dated 11/2/90 to which reference is hereby made. For Back Reference See: Will of John Clinton Thompson filed in Will Book 29 at Page 107 in the office of the Clerk for Superior Court of Mecklenburg County; and deeds recorded in Book 4313 at Page 776, Book 4334 at Page 221, Book 4447 at Page 511 and Book 4611 at Page 997 in the Mecklenburg Public Registry. There is specifically included in this Condemnation that right of reversion retained by J.C. Thompson and wife Bess 0. Thompson in and to that 20 by 150 foot parcel conveyed to the State Highway and Public Works Commission by instrument recorded in Book 1587 at Page 171 in the Mecklenburg Public Registry. 1201B Ay 4� li L b I 1 V NJ SQ" ell PC Yr 4 • �: '�s � � � -- __ � 1 \ i �r -C`a'd �° ►• ;�', �' . 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