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HomeMy WebLinkAbout20052052 Ver 1_Complete File_20051110OF `NArFq Michael F. Easley, Governor ?? OG William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality November 21, 2005 Mr. Travis Torman 254023 rd St. Dr. NE Hickory, NC 28601 Subject: Catawba Riparian Buffer Rule DWQ 05-2052 Lot 321, Moores Ferry Catawba County, NC Dear Mr. Torman: The Catawba Riparian Buffer Rule restricts development impacts within a 50-foot wide area beginning at the lake project elevation (in this case the 838 foot elevation of Lake Hickory) and extending landward. Zone 1 consists of the first 30 feet from the project elevation and Zone 2 consists of the remaining 20 feet. The Rule requires that no disturbance occur in Zone 1. Limited disturbance can occur in Zone 2. On November 10, 2005, the Division of Water Quality received your application for a proposed shoreline stabilization project at the above referenced site. However, a review of the application showed that trees had been removed from Zone 1 of the Catawba Riparian Buffer. It is requested that a written response be submitted to this office by December 15, 2005 indicating the plan of action to restore Zone 1. At minimum, fifteen (15), two (2) inch caliper native specie trees must be replanted. In addition Zone 1 must be mulched to a depth of 6 inches to help re-establish the soil. Please be advised that this project will be placed on hold, pursuant to 15A NCAC 2H .0507(h), until acceptance by the Ecosystem Enhancement Program or a formal stream restoration plan has been submitted. In addition, this office is requesting that the Army Corps of Engineers withhold processing the 404 permit until the requested information is provided. If you have any questions, please contact Mr. Alan Johnson at (704) 663-1699 or Ms. Cyndi Karoly in Raleigh at (919) 733-9721. Sincerely, cc: Danny Smith - Compliance Enforcement Ian McMillan -Wetlands Unit Central Files D. Rex Gleason, P.E. d Surface Water Protection Regional Supervisor ???? .2 9 20U`? ,. U1;tiSt •'lJAT fi Ql1Al 1 1"r''???ti4,?/f???tbKtAWATL•RZW?` I One NorthCarol ina Aalurally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state. nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 5010 Recycled/10% Post Consumer Paper oF wArF,4 Michael F. Easley, Governor Q ? 6 Willi G R J S 1 ecretary am . oss r., 7 North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality December 20, 2005 Mr. Travis Torman 254023 rd St. Dr. NE Hickory, NC 28601 Subject: Catawba Riparian Buffer Rule DWQ 05-2052 Lot 321, Moores Ferry Catawba County, NC Dear Mr. Torman: On December 9, 2005 this office received your response to our concerns regarding the removal of trees in the Catawba Riparian Buffer along the shoreline at the subject lot on Lake Hickory. Based on conversations with Mr. Wade Harmon with Duke Power Lake Management and an aerial photo of the lot taken in 2002, trees must be replanted in a random manner in the location of the removal and the buffer restored as stated in our previous letter by March 1, 2006. Once the job is complete, photos may be submitted via email to: Alan.Johnsonnnclnail.net or a site visit can be scheduled. Be advised that this shoreline stabilization project will remain on hold until the restoration is complete. If you have any questions, please contact Mr. Alan Johnson at (704) 663-1699 or Ms. Cyndi Karoly in Raleigh at (919) 733-9721. Sincerely, For D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Danny Smith - Compliance Enforcement Ian McMillan -Wetlands Unit Central Files Utz prldil •` WS tORMW YrR BRN40 t{}0. ,4 tiIV•?t?M631 Nn ZhCarolina d/atrurally North Carolina Division of Water Quality 610 East Center Avc., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enrstate.nc.us F,Vt (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper O?O? W AT ?RQG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 6, 2006 DWQ# 05-2052 Catawba County Mr. Travis Torman 254023 rd St. Dr. NE Hickory, NC 28601 Subject: Lot 321, Moores Ferry S/D APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions Dear Mr. Torman: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.01 acre of waters and 0.003 acre of riparian buffer for the purpose of stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application received on November 10, 2005. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3492, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No. 198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated USACOE's 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. This approval, however, should not be construed as authorization to impact any part of the 50-foot riparian buffer that currently exists on the main stem of the Catawba River under the Catawba River Buffer Protection Rule (15A NCAC 2B .0243). If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). In addition to the requirements of the certification, you must also comply with the following conditions: 1. No impacts shall occur in the buffer, including the removal of trees, except along the immediate shoreline. 2. The recently planted trees (to replace those that were removed without approval) shall be replaced if they fail to thrive (die) through the next growing season. 3. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project. 4 Upon completion of the project, the applicant/responsible party shall complete and return the enclosed "Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit. One No Carolina Ntimrally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: ncwaterquality.org ' FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper HOLD #05-2052 Subject: HOLD #05-2052 From: Alan Johnson <Alan.Johnson@ncmail.net> Date: Fri, 16 Dec 2005 15:37:47 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net> This project is on hold. Torman, Catawba County. How do you do a hold in BIMS Alan Johnson - Al an. Johnson@ncmai1.net North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 1 of 1 12/19/2005 8:25 AM X Impacts I' i2a tlun ' Fees Affiliations Events Inspections Comment Hi tory Detailst Detail? .__ , Permits rnd Cerl - Cro s 1'cf; f Project Number: 20052052 Version: 1 Status: On Hold LastActlonDesc: Incomplete App-Additional Info ri' 'Project Name: Travis Torman •Proje ctType: Shoreline Stabilization (sills, rip rap) •- ProjectDesc: shoreline stabili zation 'Owner: Torm an, Travis I Detalls... 'Received From: Applicant COE ID: 'Primary County: DOT TIP: •AdminRegion: Mooresville Received Dt 11110!2005 Reviewer: alan Johnson Issued Dt - - .....`Secondary County__ - Statutory Dt: - - CAMA NEPAlSEPARecelvedDt: DCM Office: SW Plan Received Dt: COE Office: leville Regulatory Field Office SW Plan Approved Dt: Public Notice Published Dt. Last Updated By: laurie.dennison SW Plan Location. Public Notice Received Dt: Last Updated On: 11/1512005 Sewage Disposal: P.N. Comment Period Ends Dt: Back Close !Ready Page 111 !SID:WPD1 Triage Check Dist Date: 11/16/05 To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 11110105 -1/08/06 From: Cyndi Karoly Telephone : (919) 733-9721 Project Name: Travis Torman DWQ#: 05-2052 County: Catawba The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! 2 0 0 5 2 0 5 2 The following is an abbreviated application form for those applying for a 401 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used for wetland or stream impacts. Please provide seven (7) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $200.00 for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1. Ow D NOV 1 0 2005 DENR - WATER QUALITY 'h'ETIIDS 44D STO RMATER BRANCH L Telephone Number: 9,9ff 2 ?? -CffV Fax Number: E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) ?o??c •-,r?M?t Y (?1? ?i PnT° Company Affiliation: Mailing Address: t4 ULl1 (yL c?.?r?TN C? -'btu r? Telephone Number-9-19- q?/3-- 613,7 Fax Number. SM E-mail Address: V - it. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. You may use the diagram below to make a hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other facilities trust be included. Location ! p ? 3 ? iS'"? ?3? ? County: Nearest Town: ' c-U V 33' Subdivision name or site address (include phase/lot number):_ehx_rn?; PrrV Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): :M,, le, 01,1 -2-7 (n is kn,y -- fit. n hflc-;v'o- C-orPj Vrrtmncc?- C Q3j r( (lv(?l ()ncv i A(AP f 2. Describe the existing land use or condition of the site at the time of this 3. Property size (acres): Jr afire 4. Nearest body of water (stream/river/sound/occan/lake): IaLe. IAi c.KO r I 5. Describe the purpose of the proposed work Cr ,' s' J eti (,*yt, F ? ?^ IC 6. List the type of equipment to be used to construct the project: bciTty. iXnd ±(?:(-k hnE, C)a a-- 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal Vol lake level in square feet or acres - 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal of lake level and 50 feet land-ward in square feet or acres: /0, .Tea CP t hp i/t' ? rit7f?]t?( b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): Rr-rN Et'- C4- lam' LS 1 7FC Gi%III ?lII& tri?e_ ?rA,,.. Y?\C?i? $1G?ti• f?? IcA ; a octet -ry*1_ t ( - r.v t -el vc._Are 0 Applicant/Agent's Signdture Bate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Y 1r ? ti r? -? rho cj zy •i'r ?t t-x 13'5-A- be, IV L,, I ? Do Ll? ( 3 U ln?;v?G'?G:,0.L( ?{ Sc 3 L1 4I r\N kt k?'{t X ?t? t ? f L + ? ia* fit LV C 1 'IY+ i,i {'111 I,?((,i a 7 ? 1 ?fa'•N, tpl ? f, tt?t'?5b ?y r t J t ? . '8& 1 Y TI t J S It CC's', ? 1, (?`l;? Please approximately sketch the following information on this plan (please provide dimensions for each Item, such as 10 ft. x 100 ft): 1) All proposed vegetation clearing (provide dimensions). 2) Location of rip rap or fill to be placed above the Fu ! Pond -elevation 3) Location of rip rap or fill to be placed below the - Fu3 Pond elevation 4) The location of any proposed structures such as buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. 13 Sq+` mho ? / J J Hickory, NC 28601-9085, US (; MAPQVESrT •.? .i q Shore Dr Bd ? ? V :;ltl: toil } i... _ .. Lake Ffickary - 4 ?S 40 02100 1 127 a. p,11"y ,;gab:: w ` s z A- La-t?'-oct-e- 3S, 7313 Y0 qo`l a 00 y`? Jsni 9 Q No Ai, o North Hickory o a -q n ;C 2005 MapQuest.com., Inc; 0 2005 Tele Atias_, _ .___,_i_____. All rights reserved. Use Sect t-o License/Copyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of us its suppliers assume no responsibility for any loss or delay resulting from such use. Web Offers: • Schools • Real Estate • Hotels • Condos • Insurance • Ap-a__rtments • Home Mortgages • Rental Cars • Bed and Breakfast* New Cars • Homes for Sale • Jobs • Travel • Airline Tickets • Digital Camera http://www.mapquest.com/maps/map. adp?searchtyp e=address&country=US &addtohistor... 10/27/2005 ? ? ...--y • snJ ?' ?r 'It Q f tL; IV i r . may. T` 1 1, n, f ?B'?d + r « ?? ? O .. 2 0 0 52o 52 The following is an abbreviated application form for those applying for a 401 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used for wetland or stream impacts. Please provide seven (7) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $200.00 for imnacta of to lake hnttnm of le--,q than I acre and S475.00 for impacts to lake bottom l I ; i . r 1 ; i i ; ; 1 i 1 IG. -- - - -- - -- - - -' - - 200 52o,52 The following is an abbreviated application form for those applying for a 401 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used for wetland or stream impacts. Please provide seven (7) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $200.00 for Impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre. P1? i E ` ? Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1. Over RECEIVED g1ft-aguy,2 0 - - NO V 1 0 2005 1AE D SR - WATER QUALITY AND STORMWATER BRANCH Telephone Number: 8 ' - ,5t 0 C/7ff Fax Number: E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: S3 0 \?Iq? ns1n = Company Affiliation: l ?AIlL shL'rw' Wr I k' Mailing Address: CA C Q 1 f i^^rti-r cca,)cA: = V- -in nc;?P Telephone Number- ?gr9k C 3-6,C3,7 Fax Number. S2x15y((-Cl E-mail Address: u ' II. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. You may use the diagram below to make a hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other facilities must be included. IQ J?-- 371519 1 1. Location ?'?! 33 County: C.-t-n k Q C)- Nearest Town: r-?G Subdivision name or site address (include phase/lot number):Jm._r,rnc, V:V-r^/ Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): ::'"n. tV 7 i n_ ? _ ? ? _ YV?wvt.a/`nr[fin/ r:i .O rl-h171 nr:[i" (l.f ?(Y rl?) ?l ?nr? i n?if?,P I 2. Describe the existing land use or condition of the site at the time of this 3. Property size (acres): , " 5 ? a 4. Nearest body of water (stream/river/sound/ocean/lake): ?k? ?i ?k?ael J)C 5. Describe the purpose of the proposed work: C 2?JCti CY? Y bQQk ^ Ac 6. List the type of equipment to be used to construct the project: bc?-rCiWP- rat tlC 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal p,9o1 lake level in square feet or acres: 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal 01 lake level and 50 feet land-ward in square feet or acres :T raor? l e b. Please describe vegetation above the normal pool take level and 50 feet land- ward to be impacted (number of trees for instance): Ffern .C+ f> rote c4i-?(CA- Cx5 Flo f ?rP Eoo4x?n_?t i?nc??r't 2 S?k- c i a vi, C? i `7 F Gu 4c,,; I-A, 1 kw trc aM- 0?- lob e?c?t` -Y?.v..c? :? j ? t-?e- c?c?l? -??-e. C???? c f -? "F ?P.l v? ?-I-rl?e?.. Applicant/Agent's Signdture Late (Agent's signature is valid only if an authorization letter from the applicant is provided.) 16 ... ¢1 aL -MORS r?6 f\ Q Q Please approximately sketch the following information on this plan = -' s• (please provide dimensions for each Item, such as 10 ft x 100 ft): 1) All proposed vegetation clearing (provide dimensions). 2) Location of rip rap or fill to be placed above the Full Pond'elevi 3) Location of rip rap or fill to be placed below the . Full Pond elev, 4) The location of any proposed structures such as buildings, reta walls, docks, etc, 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors.