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HomeMy WebLinkAbout20060516 Ver 1_COMPLETE FILE_20060328o?o? W A r?Rp? 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 April 6, 2006 DWQ# 06-0516 Iredell County Ms. Valerie Mitchener 2330 Randolph Rd. Charlotte, NC 28027 Subject: Lot 184; Kemp Rd., Mooresville APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions Dear Ms. Hendrix: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.007 acre of waters and 0.007 acre of riparian buffer for the purpose of stabilizing approximately 198 linear feet of shoreline on Lake Norman, as described in your application received on March 28, 2006. 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. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project. 3. 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. Noy` Carolina Naturally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: nmaterquality.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, 1,2 for Alan W. Klimek, P.E. Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Ian McMillan CBC Central Files 1 r h,?i? ? s !OC?6 Triage Check List Date: 3/31/06 Project Name: Valerie R. Mitchener, Lot 184 DWQ#: 06-0516 County: Iredell Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 3/28/06 - 5/26/06 From: Cyndi Karoly Telephone : (919) 733-9721 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! DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 OR TOLL FREE 1-800-443-5193 0 5 ? G APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. 1. Applicant Information f?9AR , A. Name Valerio R. Mitchener OO0 B. Mailing Address 2330 Randolph Rd - Charlotte, NC 28207 1 4 . ?:- •:.i,. ,,,, r C. Telephone 704-342-1000 II. Location of Proposed Project A. Lake Norman B. Street Address q21 Kemp Rd C. County Iredell D. City, Town, Community or Landmark Mooresville E. Section Lot # 184 Subdivision N/A F. Directions to property by road 1-77 North to exit 33- West on Williamson Rd Left on Brawley School - Right on McKendree - Left on second Kemp - lot /trailer on right G. Latitude and longitude for the project site 6 ?q N qqoZ Oj H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/longitude coordinates can be found on intemet site, www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) Ili. Description of Project A. Length of wall 198, B. Material Boulder Rip Rap C. Distance from property line/shoreline Will follow existing shoreline IV. V. Applicant Signature Le G? G Date PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETE APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTON AVENUE, ROOM 208, ASHEVILLE, NC 28801-5000 Intended Use of Project Area A. Private X B. Commercial • A COPY OF THE 'DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA' AND SEVEN (7) COPIES OF THE COMPLETED `NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF IPA TER QUALITY, ATTENTION: Cyndl -101 WATER QUALITY CERTIFICATION APPLICATION T i,:- 1 _ :n cc==!3tea application Corm for tnose applying Tor a 4u1 water Quaiity 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 tar v;etlur,:: zr _tr _.irn Please provide seven (7) copies of this application and supporting information as well as a non- IQ nuuvapplication fee to the Division of Water Quality of $200.00 for impacts to lake bottom of less ti tan I acr and "V475.00 for impacts to lake bottom of greater or equal to 1 acre. APPLICATIONS TO BE SENT TO: DIVISION OF WATER QUALITY WETLANDS UNIT 1650 MAIL SERVICE CENTER RALEIGH, NC 27699-1650 1. Applicant Information Owner/Applicant Information Name Valerie R. Mitchener Mailing Address 1 2 3 30 k4pe10 ? P4 Charlotte, NC a2 $a0.7 Telephone Number 704-342-1000 Fax Number 704-342-1022 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 ownerlapplicant.) Name Chip Bridges Company Affiliation CBC Custom Shorelines, Inc. Mailing Address 628 Oakridge Farm Hwy Mooresville, NC 28115 Telephone Number 704-660-5111 Fax Number 704-660-5969 E-mail Address cbcseawalls@aol.com 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. Location County Iredell Nearest Town Mooresville Subdivision name or site address (include phase/lot number): N/A Directions to site - please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 1-77 N to exit 33 - West on Williamson Rd Left on Brawley School - Right on McKendree - Left on second Kemp - House on left 2. Describe the existing land use or condition of the site at the time of this application: Old mobile home to be removed - grass lawn - pier 3. Property size (acres): 0.98 4. Nearest body of water (stream/river/sound/ocean/lake): Norman 5. Describe the purpose of the proposed work: To control erosion Install matting with boulder rip rap 6. List the type of equipment to be used to construct the project: By Land with trackhoe- Work will be done 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below 1 V2' x 198' 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres: 1 '/2' x 198' U 6 Applicant/Agent's Signature b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): Very few trees - grass lawn 6- Date (Agent's signature is valid only if an authorization letter from the applicant is provided Lake (Full Pond) Full Pond 2 Shoreline ?,pl o lP 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 Full Pond elevation 3) Location of rip rap or fill to be placed below the Full 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. R- ??lnp PI stf ry?9? ?FII.Ti o? ? YL???3I?$ rod r ? l !/ 2 r r? /cJ? U V JOEL H. PATTERSON, III P.L.S. 139 ANCHOR LANE, TROUTMAN, N.C. 28166 (704) 528-3074 *Fax (704) 528-4038 1 Joel H. Patterson III, certify that this plot was drawn under my supervision from an actual survey made under my supervision (deed description and/or Map Book 1069 . Page 898 That the boundaries not surveyed are clearly indicated as drawn from information as shown on survey, that the ratio of precision as calculated is 1: 10,000+ that this plat was prepared in accordance with G.S. 89-C as amended. Witness my original signature, registration number and seat this _222_ day of seat.,.,n» _A/D. 2005. I.y j, kf'acf R \\\1\IH II l CAI?",, ` ? Y ?OPp ssR`?o?`2•s aP SEAL ?? `y . OEL H. PATTERSON 111, PLS F + ?O? r L 3717 c,4 LICENSE NUMBER: L-3717 KPOTY UAP NOT TO SCALE 11 ------------'I q l ! ---?'? i1 aD (TV Lbls) 3 R= 303.46 v01 ?a" t7ep.7Yt' 5 1 L= 142.94 y8 JJ ucrro 6 781 rww.tvb t 44 / ?Rbr / Ov?l1.1.62 Ntf IS SB?cam. I I ! / l I I / o / I rw A ? I <( o a?. / / `y 1 yt / ^ aaet?.u. oh / / StJ op Yoj. Nan. 185 ! ao - a &...l Lot pt. ` ? Lot 184 C°q,°t''• ?. Lot 183 A d 0.98 Acres r'°" !tiO /o ? Oy 4'412 6 ramie '? J1K1N 1 l 53.68 .. r ? r.ar e.t / 120 ke Norman trCOV ?<-? \J W rADLr R/M - RV)I`-of-..Y U M. vr.vrb Ter M a E/ret jdr y ro.an?rty Lllr tnCnf BE~ LP.S a N R.Oer Set RwbktM f. fa L7 25.00 SINPD6Mfr _.%,.., - Not to ol. 2) 0-.by hknnstD» A...A en Lop Doof 16 at ~ h 54 L2 Izo6 57056267 p TO oA P A t l tn...e r C-1, R. I? - 1.- oOr .. LJ 29L 71 -1W31267 ,- . rr o CI , - Cow p 3) Mb --Y i of a wk" Peer r Pr L• 17.1 5.572.267 ? . . of IaIC LS 23.I9 505Y5'167 ® Cow. . Pd-I& .) No mers r airs m.-t. pd ? rlurr Y.tr awe be lWofod of" 2000: PH YSICALSJRVEY 1 QeeAL- erna.r. untro uonlwn.,r 5) VW ey teo.uvbr. --had OF 821 Kemp Rood Yt ' LM't Pat. Lot 184 'Crescent Land k Timber Corp Sec. 8' SCALE 1" _. 50, Davidson Twsp., Iredell Co., NC ncDsoao ML. =k-p ACQUIRED BY: Valerie Mitchener TAX YAP Na 4626036560 DIRECTIONS BY ROAD FORTY! Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q P. O. BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 Applicant's Name:- Valerie R. Mitchener Lake Name: Norman Subdivision Name: N/A Property Section: Lot (s): 184 City: Mooresville County:Iredell State: NC Zip: 28117 Telephone: 704-342-1000 Type of Permit Requested "Cir e"• P to Facil' Commercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 North - to exit 33 - West on Williamson Rd - Left on Brawley School - Right on Mckendree - Left on second Kemp - lot/ trailer on right. Descriptive Structure (s) on Property (i.e. brick garage, white fence, mobile home, etc. 821 Kemp Rd "Note. Please use the back of this form, if desired, to draw us a map to the site. Maps On Us a service of 5wWhboar0.com Location Map Kemp Rd Mooresville, NC 28117 Return to Map Arr ' r Kemp Rd 02006 MiMSORC41f 02004N91EQ. 2YAJerOTA4. km 1 04 1. CkKkwood Rd U110 •?T Harbor Rd Tree Rd rni 1 0.21 WS Use this map or these directions at your own risk. No representation or warranty is made as to their accuracy, completeness or drivability. Infospace and Switchboard will not be responsible for any damages, losses or delays which result from using these directions. Obey all traffic regulations. ??r0? D MAR 2 8 2006 DENR - WATER QUALITY WETLANDS AND STORMWA ER BRANCH http://www.mapsonus.com/bin/cgimap.dll?FUNC=MAP&SID=gl2sjl45zxrl tk55jncfgo45... 3/20/2006 t?1AP i CCOM"S 1- I " M , J11, 'I ire . ,. ek ghtss Resr-•S?t,t ForN Avigation 35.565747° N 80.951505• W Ah www.imptech.com P1APrTIECK To order call 888-839-5551 or 978-933-3000 ©1989 - 2006 Maptech, Inc. All Rights Reserved. Maptech ® is a registered trademark of Maptech. Inc. ?,? 1f •? l?''?~- j +, f cgs, ??i Q'? ti ? ? • 1 1 ?' t ? .? r'j , P R~a'o ' lr ?f;F e` ERVER 35.572747• N 35.572747° N 80.951605 VW 80.930690° W @9%TZD MAR 2 S 2006 DENR . 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