HomeMy WebLinkAbout20050028 Ver 1_Complete File_20050105OF wATSi,
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Robert W. Smith, Jr.
789 Notchbrook Drive
Delaware, OH 43015
Subject Property: 110 Deer Cove Lane, Troutman
htichacl F. Eadcv. Governor
William G. floss Jr.. Secretary
North Carolina Department of Environment and Natural Pesoutccs
Alan W. Klimck. P.E. Director
Division of Cater Quality
January 27, 2005
DWQ# 05-0028
Iredell County
FEE 0
1 2005
S7?RYt>?R ?"RCN,
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. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to
otherwise impact approximately 0.02 acres of surface waters and 0.01 acres of riparian buffer for the purpose
of installing a seawall and riprap along approximately 150 linear feet of shoreline on Lake Norman, as
described in your application received by the Division of Water Quality (DWQ) on January 5, 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 the U.S. Army Corps of Engineers (USACOE) Regional Permit No.
198200030 when issued. 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.
This 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. 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 .0505 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. No clearing of vegetation will be allowed. No trees shall be removed from the buffer except along the
immediate shoreline [within two (2) feet] and impacts to ground cover shall be kept to a minimum during the
installation of the seawall.
2. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake buffers so
as not to re-concentrate before discharging into the lake [as identified in 15A NCAC 213 .0243 (5)].
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. Northcarolina
,naturally
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state.nc us Mooresville, NC 25115
Phone(704)663-1699
Fax (704) 663-6040
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10%o Post Consumer Paper
Page 2
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 1508 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 Polly Lespinasse in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
PLlpl
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power Lake Management
Wetlands Unit- Cyndi Karoly
Chip Bridges, Custom Shorelines, Inc.
Central Files
File Copy
?OFWATFRO
o - -c
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
January 27, 2005
DWQ# 05-0028
Iredell County
Robert W. Smith, Jr.
789 Notchbrook Drive
Delaware, OH 43015
Subject Property: 110 Deer Cove Lane, Troutman
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. Smith:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to
otherwise impact approximately 0.02 acres of surface waters and 0.01 acres of riparian buffer for the purpose
of installing a seawall and riprap along approximately 150 linear feet of shoreline on Lake Norman, as
described in your application received by the Division of Water Quality (DWQ) on January 5, 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 the U.S. Army Corps of Engineers (USACOE) Regional Permit No.
198200030 when issued. 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.
This 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. 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 clearing of vegetation will be allowed. No trees shall be removed from the buffer except along the
immediate shoreline [within two (2) feet] and impacts to ground cover shall be kept to a minimum during the
installation of the seawall.
2. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake buffers so
as not to re-concentrate before discharging into the lake [as identified in 15A NCAC 2B .0243 (5)].
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. Ne,caroli
ona
Aurally
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state.nc.us Mooresville, NC 28115
Phone (704) 663-1699
Fax (704) 663-6030
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
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 Polly Lespinasse in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
PL/pl
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power Lake Management
Wetlands Unit- Cyndi Karoly
Chip Bridges, Custom Shorelines, Inc.
Central Files
File Copy
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Robert W. Smith Jr
Project Number 05 0028
Recvd From APP
Received Date 115105 Recvd By Region
Project Type shoreline stabilization
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 water & FT _0N F- 11-(75) -siv B CA 30,832. 0.02 150.00
CBR Buffers FT ON ???? 30,832. 0.01 F
`_7F -7- OY ON F__F_-F_F_F__1__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y *N Did you request more info? O Y *N
Have Project Changes/Conditions Been Discussed With Applicant? O Y * N
Is Mitigation required? O Y *N
Provided by Region: Latitude (ddmmss) 80.92892
Polly Lespinasse
Rex Gleason
County Iredell
County2
Recommendation: OQ Issue O Issue/Cond O Deny
Longitude (ddmmss) 35.66391
Comments:
Staff visited the site on January 26, 2005- The purpose of the application is to seek approval of 0.02
acres of surface water impacts and 0.01 acres of buffer impacts. The a lien icant proposes to install
approximately 150 linear feet of redi-rock seawall riprap at 110 Deer Cove Lane. Evidence of
shoreline erosion apparent.
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 1110105 Project Name: Robert W. Smith, Jr.
DWQ#: 05-0028
County: Iredell
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 115105 to 3/5/05
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to your 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 (Neuse, 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 Go?
704-382-1567 OR TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN IVOATIJ -?
CAROLINA
?''?
Please type or print and fill in all blanks. If information is not applicable, so indicate by placfeg N/A-* e?
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PJ?Y_j4BLJF,
TO DUKE POWER, TO ABOVE ADDRESS. n.
1. Applicant Information y
A. Name
B. Mailing Address
C. Telephone
Robert W. Smith, Jr
789 Notchbrook Dr - Delaware, OH 43015
740-548-4261
II. Location of Proposed Project
A. Lake
Norman
B. Street Address 110 Deer Cove Lane
C. County Iredell
D. City, Town, Community or Landmark
E. Section
Lot # 89 Subdivision Wildlife Bay
F. Directions to property by road 1-77 N to exit 36 - West on Hwy 150 - Right on Perth
Left on State Park - Left on Wildlife Rd - Right on Sierra Woods - right on Mapieview
Left on Deer Cove Lane
G. Latitude and longitude for the project site 80.92892 35.66391
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)
III. Description of Project
A. Length of wall
B. Material
Troutman
150,
Redi-Rock Seawall
C. Distance from property line/shoreline Will follow existing shoreline
IV. Intended Use of Project Area
A. Private X
B. Commercial
V. Applicant Signature
PLEASE NOTE THE FOLLOWING:
Date 2-1-D
• zi-
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 28801-5006
• 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 QUAUTY APPLICATION FEE TO: NC DMSION OF WATER QUALITY, ATTENTION. JOHN
DORNEY, PARKWEW BLDG., 2321 CRABTREE BLVD., RALEIGH, NC 27604, PHONE. 919-733-1786
401 WATER QUALITY CERTIFICATION APPLICATION
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 to lake bottom of less
than 1 acre and $475.00 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 Robert W. Smith, Jr
Mailing Address
Telephone Number
Fax Number
E-mail Address
789 Notchbrook Dr
Delaware, OH 43015
740-548-4261
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 Chip Bridges
Company Affiliation
Mailing Address
Telephone Number
Fax Number
E-mail Address
II. Project Information
Custom Shorelines, Inc.
628 Oakridge Farm Hwy
Mooresville, NC 28115
704-660-5111
704-6605969
cbcseawalls@aol.com
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 Troutman
Subdivision name or site address (include phase/lot number): Wildlife Bay
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 36- West on Hwy 150 - Right
On Perth Rd - Left on State Park Rd - Left on Wildlife Rd - Right on Sierra Woods
Right on Mapleview - Left on Deer Cove Ln
2. Describe the existing land use or condition of the site at the time of this application:
Wooded lot
3
4
5.
Property size (acres): 0.67
Nearest body of water (stream/river/sound/ocean/lake): Norman
Describe the purpose of the proposed work: Stabilize shoreline with Redi-Rock
seawall - To stop shoreline erosion
6. List the type of equipment to be used to construct the project:
By land
Work will be done
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
5' x 150'
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:
2'x150'
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to
be impacted (number of trees for instance): Wooded buffer will not be disturbed
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided)
,;2(W
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.
G THIS PLAT, IREDELL COUNTY DOES NOT
HE SUITABILITY OF ANY LOT FOR THE
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I HEREBY CERTIFY THAT THE SUBOMSION PLAT SHOWN HEREON IU13 Be
FOUND TO COMPLY WITH THE SUBDIVISION REGULATIONS OF THE COUNTY
TIUTIMA D NORTH CAROLINA. I FUfMER CER71FY THAT ALL OTHER REQUIRED *A>ROVVANTS A%E BEEN NS7a, m
IN AN ACCEPTABLE MW41ER OR OF THE INSTALLATION OF THE REQUF2EC
a IMPROVEMENTS IN AN AMOUNT AND MANNER SATISFACTORY TU THE COU
OF IREDELL HAS BEi•]M RECSEVED, AND THAT THE FILING FEE FOR THS PI
IN THE AMOUNT OF S HAS BEEN PAID. THS PLAT HAS
BEEN APPROVED BY THE SUB0 i1 ON ADMINISTRATOR FOR RECORONG
IN THE OFFICE OF THE REGISTER OF DEEDS OF IREDELL COUNTY.
SUBOIMON ADMINISTRATOR DATE
WILDLIFE BAY II - LOT 89
$135,000.00
35RDX 106X276X304 WFX213X 107
VEGETATIVE BUFFER
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DUKE POWER DIRECTIONS BY ROAD FORM
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: Robert W. Smith Jr
Lake Name: Norman
Subdivision Name: Wildlife Bay
Property Section: Lot: 89
City: Troutman : County: Iredell
State: NC Zip: 28166
Telephone: 740-548-4261
Type of Permit
Requested
"Circle":
rivate Facili
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): I-77 North to Exit 36- West on Hwy 150 _-
Right on Perth - Left on State Park Rd - Left on Wildlife Rd Right on Sierra Woods
- Right on Maloleview - Left on Deer Cove Lane
Property (i.e. brick gara ,e white fence mobile home etc
Wooded lot
*Note. Please use the back of this form, if desired, to draw us a map to the site.
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