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HomeMy WebLinkAbout20050139 Ver 1_Complete File_20050125?0 '\N A TARP ?0 r Q ? Mow Namdi; CERTIFICD MAIL Return Receipt Requested Mr. Will Campagna 308 Blum Road Mooresville, NC 28117 Dear Mr. Campagna: CS-01,39 Mchael 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 May 11, 2005 ?p? ,? $ 2005 Subject: 321 Stumpy Creek Rd. Catawba Riparian Buffer Rules Lake Norman, Iredell County, NC On May 2, 2005, Mr. Alan Johnson of this Office met with you at the subject site in response to a complaint that the buffer had been improperly cleared. You indicated to him that no trees toad been removed from the buffer that were not exempt under the rules. However, it was obvi us that the buffer had been impacted. The Catawba Riparian Buffer rules restrict development impacts within a 50-foot wide area beginning at the lake project elevation (in this case the 760 foot elevation) 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 rules require that no disturbance occur in Zone 1. Limited disturbance can occur in Zone 2. In order to restore the area (at minimum), Zone 1 should be graded, smoothed, and mulched (- 6") and allowed to return to a more natural state. No grass should be planted; however, shrubs, trees and/or other low maintenance vegetation can be planted to enhance Zone 1. Zone 2 should also be provided with a vegetative cover to include trees, shrubs, and/or grass. Based on Mr. Johnson's observation of the adjacent lots and of aerial photos of the site, several forge trees appeared to have been improperly removed. As discussed with Mr. Johnson, please review your files for any photos of the site taken prior to the impacts to verify that no trees were removed that would not have been allowed under the rules. You may want to contact the previous owners or the company that installed the riprap along the shoreline to check and see if they have any photos. None hCaro na at 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.ne.us FAX (704) 663-6040 1477-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% RecycWl0% Post Consumer Paper It is requested that a written response be submitted to this Office by May 30, 2005, addressing your plans to restore the buffer. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Ann Duncan, DPC Lake Management Debbie Edwards, Wetlands Unit Central Files w A ,I?9Q Michael F. Easley, Governor \Q t? William G. Ross Jr., Secretary Cq r North Carolina Department of Environment and Natural Resources J Alan W. Klimek, P.E. Director Division of Water Quality February 3, 2005 DWQ# 05-0139 Iredell County Mr. Will Campagna 308 Blume Rd. Mooresville, NC 28117 Subject: Lot 119, Stumpy Creek APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rujes (15A NCAC 2B .0243) with Additional Conditions Dear Mr. Campagna: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.003 acre of waters and 0.003 acre of riparian buffer for the purpose of stabilizing approximately 150 linear feet of shoreline on Lake Norman, as described in your application received on January 25, 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!listate.nc.us/ncwetiands. 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. 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. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B.0243 (5)). 2. No impact to the buffer shall occur, including the removal of trees, except along the immediate (within 2 ft.) shoreline. 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 401IMetlands Unit. 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 pon?(tla t ?tm a, North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet h2o.engstate.ncus FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity// ffinnative Action Employer- 50% Recycled/10% Post Consumer Paper Page 2 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, ,, R-? for Alan W. Klimek, P. E. AK/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly CBC - Chip Bridges Central Files fiftog F @D 8 - ?005 kAZQR WATER AND STUQ UUTy R BWk ?? AT F Michael F. Easley, Governor QG William G. Ross Jr., Secretary TT'- North Carolina Department of Environment and Natural Resources .1 f -? Alan W. Klimek, P.E. Director Division of Water Quality February 3, 2005 DWQ# 05-0139 Iredell County Mr. Will Campagna 308 Blumej Rd. Mooresville, NC 28117 Subject: Lot 119, Stumpy Creek 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. Ciampagna: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.003 acre of waters and 0.003 acre of riparian buffer for the purpose of stabilizing approximately 150 linear feet of shoreline on Lake Norman, as described in your application received on January 25, 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/ncwetiands. 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 tosend 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. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)). 2. No impact to the buffer shall occur, including the removal of trees, except along the immediate (within 2 ft.) shoreline. 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. 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 peon Mat orthCar Mat ,Naturally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet h2o state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportun y/y/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper Page 2 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, for Alan W. Klimek, P.E. AK/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly CBC - Chip Bridges Central Files Triage Check List Date: 2/1/05 Project Name: Will Campagna DWQ#: 05-0139 County: Iredell To: Alan Johnson, Mooresville. Regional Office 60-day Processing Time: 1/25/05 to 3/25/05 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 Mini ation/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 F-I F-I 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! I P ' DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 CHARLOTTE, NC 28201-1006 FILE COr 704-382-1567 OR TOLL FREE 1-800443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN T CAROLINA I L9 Lg Please type or print and fill in all blanks. if information is not applicable, so indicate by pla ' in 1 blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE;?I?QQ? TDUKE POWER, TO ABOVE ADDRESS. WATER QUAUry 1. Applicant Information A. Name Will Campagna B. Mailing Address 308 Blume Rd - Mooresville, NC 211117 C. Telephone 704799-2710 IL Location of Proposed Project 050139 A. Lake Norman B. Street Address Stumpy Creek Rd, C. County Iredelt D. City, Town, Community or Landmark Mooresville E. Section Lot # 119 Subdivision Stumpy Creek F. Directions to property by road 1-77 N to exit 36 - West on Hwy 150 - Right on Perth Rd - Left on Stumpy Creek Rd G. Latitude and longitude for the project site 80.89956 35.63125 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: Latitudetlongitude coordinates can be found on intemet site, www.mammus.com. Directions: Don't register, click "Maps°, enter address, draw map, select "Map Clicking Will...", select "Lat/Long", dick map) PAYMENT III. Description of Project RECEIVED A. Length of wall 150' B. Material Rip Rap C. Distance from property linetshoreline Will follow existing shoreline IV. Intended Use of Project Area A. Private X B. Commercial V. Applicant Signature Date 0 PLEASE NOTEfIE FOLLOWING• • A COPY OFD 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, ASHEwLLE, NC 28801-5006 • A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA' AND SEVEN (n COPIES OFTHE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPUCATIOW MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DMSION OF WATER QUALITY, ATTENTION: JOHN DORNEY, P,IRKWEW BLDG, 2321 CRABTREE BLVD., RALEIGH, NC 27&W, PHONE. 919-733-1786 J, 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 thjan 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 Applicant Information 1. Owner/Applicant Information Name Will Campagna Mailing Address 308 Blume Rd MooresviNe, NC 28117 Telephone Number 704-799-2710 Fax Number Cell - 704.634-1185 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 Chip Bridges Company Affiliation Custom Shorelines, Inc. Mailing Address 628 Oakridge Farm Hwy Mooresville, NC 28115 Telephone Number 7044W-5111 Fax Number 704-6605969 E-mail Address cbcseawalls&ol.com 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 nap 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): Stumpy Creek r 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 Stumpy Creek - Lot on left - with single wide and block well house 2. Describe the existing land use or condition of the site at the time of this application: Single wide - wooded 3. Property size (acres): ASH 4. Nearest body of water (stream/river/sound/ocean/lake): Norman 5. Describe the purpose of the proposed work: Stabilize shoreline with rip rap I- To stop shoreline erosion 6. List the type of equipment to be used to construct the project: Work will be done By land with bobcat 7. Amount of impact (including all excavation, backfiQ, rip rap, retaining walls, etc.) below x150' 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: x150' b. Please describe vegetation above the normal pool lake level and 50 feet land-wand to be impacted (number of trees for instance): 50' - buffer will be protected "`" V act (Agent's signature is valid di* if an auawnzahm hftr from the applicant is pmvNeM Phase approximately sketch the following information on this plan (please provide dimensions fort 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. M,apr s • fb? -?.CSK t 19 Q ? Y?...1 ra re ? P6. 74"? a._bsyq Ae-. ', .? 1?,-rs'.u•reesd ?'?'j'j =pro w 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: Win Camp Lake Name: Norman Subdivision Name: Stumpy Creek Property Section: Lot: 119 City:' Mooresville :County: Iredell State: NC Zip: 28117 Telephone: 704-799-2710 Type of Permit Requested K Private F Commerc acility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 North to exit 36 - West on Hwy 150 r pggpt on Perth Rd - PrOUErty fi.e. brick garage white fence mobile home etc Single wide trailor on left *Note: Please use the back of this form if desired to draw us a map to the site. What's Nearby CNCk to view on map Dining; Coffee Shops r RIstaurants (- Brew Pubs r Chinese r Italian r Mexican C' p ? OOd C Steak + Recreation & Entertainment + Community Services + Shopping & Services +Travel ftw_ New Map I Current Map i Maw Settings I Mail Map Register with PAN BV: FLU S t 91 HALF` 9 Home I About Us I Contact Us I Link To Us I Advertise I Privacy Policy htip://niqpsonus.switchboard.com/bin/maps-maponly/usr---41dOc6a2.a359f W6.8/6=39/t.. 12/27/2004 Scale (mi&n): 0.40 - Map-Clicking will- Show Long/Lat - REDRAW MAP WHAT'S NEARBY? Explain Map Operations Problems printing? Get a Printable Map. '. • ?'" ! ?- ' ',. ! s ?- :? fii'V'r l• ''• ,tf?/i! :! `• ",r?''}z?l..? it ?ti ? ?",'/? . s titt? i iI :! i '. "? . Jt ! if ?„ ! - - , . ryr : IvP aiam we 4 1I r "K" Nl? 5i r' AGO ? y?=+• f!j•' ?1 ??, t{? --...?•"tit •??i ti L' ••-?r ?\ L+?`i- .`tip we ;') ) ,• r?y..:ti. ,??,, $Oit:i - ;ter/, r /rift r ?i1?1 i._ 4.1,• RamiDe nip 1/61 d '1 N r•+'? ill ?` ? :.,?1! t I •5'?J ?? ? ,J '?!. -? ? ? :3 _ i % - - ,; fit' `Fi! ? , ?1 ?? ? ' t ?"•`.ev ? •• - `• `i :.77? l l1r? r... ys.t ? ?.{I.f?? ,? 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