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HomeMy WebLinkAbout20050154 Ver 1_Complete File_20050127O?0,WAT r o ? Mt. Dan Abernathy 7945 Buena Vista Denver, NC 28037 Subject: Lot 70, Buena Vista Dr. 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 Qr?c?r?od?? MAR 1 5 2005 March 2, 2005 DWQ# 05-0154 Lincoln County WSA"Aw 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.' Abernathy: 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 acre of waters and 0.01 acre of riparian buffer for the purpose of stabilizing approximately 200 linear feet of shoreline on Lake Norman, as described in your application received on January 27, 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 ht?2://h2?.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No. 1982000 0 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 st?rmwater 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 additional impact to the buffer shall occur, including the removal of trees. 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. No`s tCarolina urg 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 - 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 1506 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663- 1699 or Ms. 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 Lake Norman Custom Dock Central Files dATFj+ Michael F. Easley, Governor Q? William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources > .,l p Alan W. Klimek, P.E. Director Division of Water Quality March 2, 2005 DWQ# 05-0154 Lincoln County Mr. Dan Abernathy 7945 Buena Vista Denver, NC 28037 Subject, Lot 70, Buena Vista Dr. 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. Abernathy: 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 acre of waters and 0.01 acre of riparian -buffer for the purpose of stabilizing approximately 200 linear feet of shoreline on Lake Norman, as described in your application received Ion January 27, 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://h26.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. Th 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 stgrmwater 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 213.0243 (5)). 2. No additional impact to the buffer shall occur, including the removal of trees. 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 401M/etlands Unit. lVoa` rthCarolina AWMAA!y North Carolina' Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Intemet h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663- 1699 or Ms. 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 Lake Norman Custom Dock Central Files Triage Check List Date 2/3/05 Project Name: Dan Abernathy DWQ#: 05-0154 County: Lincoln To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 1/27/05 to 3/27/05 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 (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 El 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 Ralei as well as the Asheville Regional Office. As we discussed, this is an experimental, interim proce tre 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! 050154 The following is an abbreviated application form Farr those applying for a 401 Water QaalO Certification to impact FMC (Federal $nergy Regulatory Commission) regalated lake shore or bottom under the U.S. AWW Corps of Engineers Permit GPM. This Application cannot be used for wedand or stream impacts. Pig provide seven (7) copies of thin applicadon and supporting information as web as a non-refuadable application fee to fte Division of Water Quality of $200.110 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 acm Applications sbould be seat to: Division of Water Quality Wetlands unit 1650 Mail Service Center Raleigh, NC 27691-1650 FIL E FE&FIFIN JAN 2 7 2005 C n p Y DENR - WATER QUALITY V&MM AND STORWMIATER BRANCH L Applicant Information 1. OwnedApplicant Information Telephone Number:__7 o ? 3 q 11_ 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 ownedapplicant.) Company Mailing A r w.. V O 4 Telephone Number: 7b `f Y k' Z/ V `1 Fax Number: ? o ?( .cr g 2 (7 K't/ Email Address: LkN Doc-w (R a scc..To %O . o w. H. 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 R!?- LULI VtD your project. Also, see the example- below for guidance. Both the vicinity map and site plan must include a scale and north avow. TThe footprints of all buildings, impervious surfaces, or other facilities must be included. 1. Location County._ L t to-CO N Nearest Town: L dT vE R Subdivision name or site address (inch de phasWU number):_ 1, ar 7 o S ?? c v? E w Directions to site please inchrde road numbers, larks, etc. (This is not necessary if an adequate vicinity map is included): u w y ! -r o w f? R0 Lit L Tm? l_v T A, tzN O 2. Describe the existing land use or condition of the site at the time of this appliCation: ? A^G ^ rt C/- i2?Q t ti W ©, 9kL V-X c c 7-! N t, Zt rte t?+. t nt c. t w p-L t_ S /La PR- A to I Property size (acres): 0. fo 1 6 a. ? 4. Nearest body of water (streamhivedsound/Oceaa/laloe): t- 4-tc _ lv o ?,•,t r? n/ 5. Describe the purpose of the proposed work: 5 T?4 ?3 t t LE tE 2 e d t w to J+0 /LL `J iJE w ? rt-k S ? tt^.l?.iv v- !? ? cs c'.?_ft/?'-?s. trr inr L c. a.t ^91PR.oY 1 9 6 J X44?r -r*Lt- 6. List the type of equipment to be used to consttuCt the projeM C72 K ?- V c k t Kt?? ST??R I M IMt t:x Crt-JA-t-orl 7. Amount of impact (including all excavation, badcu, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres. __A p" x o v ?? 4 X zo 8. a- Amount of impact (including all clearing, track fill, excavation, rip rap, retaining walls, etc-) above the normal pool lake level and 50 feet landward in square feet or acres:__ A mo x 2.oco y t l 0 X z c o? ?, L o n+ S Ft a sr I t?/ftc b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted. (number of trees for instance): M tt-cc_ Ito rrR Bit G FF t.J 87 ,4 t-?t?g.ei Ptr?es a.,? h.w?dw?cds r? ? ? - -rr--....--.,..s.,.--? Date (Agent's signature is valid only if an authorization letter from the applicant is provide(L) DUKE Pfl Wilt LlfK MANAG ylTJi'ii! , RCM POEO810% CE ARLO MMO NC 28M M@6 704382-1567 or TOLL FREE 140-443-5193 APPLICATTONFOR PF1tKUT TO STABIIAZE THE SHORELINE IN M-0 _ (AROU NA Please type or print and fill in all blanks. If hikanation is not applkabk, so indicate by placing N/A in btaWL PLUSE SEIBMIT AMICATM AND APPROM&TB DUKE POWER FKMG FEE, PAYAWE TO DDKZ POWIM, TO ABOVE ADDRFM L ApplicsM lufwmation A. Name ?kN X48 NSA: IN B. Mailing Add -741q r H u e-" til s -}-c, , l? en J e N C 29 d 3 C. Tdqhone= 7 o y Y 3 Y! 3 IL Loantioa of Premed Project A. B. C- D. E. F. Lake N 6 R h+? it tJ Shed Address oe MY, town, community or landmark section Lot # -y 0 Directions W p Wa W by road 14 w y ?i 'a Fj.J?rYtakr.f [. S n" ? 1 J C ? Suhdittisran -SA I L- v t E w I t& -fb w eaR R a &-n o.-? Tv ., r+ o G_ Lamude and longitude for die project site -430 4 6 2 S 2 Y o Please submit a map sluming the coo er a Fled MW (MS quad map, city map, e 1m) showing the eset location of the project site, (NOTE: Latiardel lmskade coordinates can be faW an inte net site, www.Jmqd&actar) IIL Description of Pr+ojed o A- Length of wall Pr f P a" 4 t el B. Material S t c r "-u% And Co u.n l e.4+ Si "w- C. Distance fan property ImeWmeime_ .,ITT f p *Ii J N E N Iatar W Use ofProjeet Area A. Private V-eS a Ire r.?-.a 1 B. commercial Daft 0 if PLF.,lSENOTETHEFOIJ,?lIWRY? • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SROWM LOCATION OF THE PROPERTY MUST BE SERMtTTED TAO: LW ARAfYCORPS OFENGINEERS; I51 PA77VNAM -ROOM398, ASHEVILLF, NC 2"01-506 • A COPY OF THE -TRACE POWER. APPLICATION FOR PF.RMTT TO STABnJM THE SHORELINE IN NORTEI CAROLINA- AND SEVEN (T) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE4MNSTRUCTION NOTIFICATION APPLICATION" MUST" BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FETE TO: NCXMIONOF WATER QUALITY AT 0N.- J08NIIORNEY 1621 MAIL SERVICE CENTER RALEIGH, NC 274699-1621 919-733-1786 ii/I0/OOssb i Foam 398578 (as-W) SHORELINE MANAGEMENT PROGRAM Pmvim* F"m O MO PERMIT APPLICATION FORM NCI SC 2 I.D. No. Permit No. Ca No. Grid Sect. Lake; Utility Co. Ownership:1 Deed 2 Lease APPOCANt -D Arm 0-r--k-1. y Name- PAd 74 4 1- Last 5»-Addmm- LOT :7p :5AjLVfmPW NC- Z-903,? Maft,pw, Ales,s o (:joyc 1't35 ?e,n ??r ?.t C 2)40 3 7 7 oy q03 3Nt3 ?01 q83 Z-r 1 y _ _ AMCO& _ aunb« ExL the appropriate number below Ramp & Marin Sh li Fier e Railway Boathouse ore ne Stabillzatiort Other USE 1. k xbidual 1 1 2. Cormnon 2 2 2 STPOM 1 2f Proposed 2 2 MATERIALS: 5 e dw? 1' Concrete 4. ThMed wood 2? Masonr 5 U d t t d 1 CA 2 5 1 1 4 4 t3 cx y . n woo rea e 3 2 5 5 31 metal Metal 6. Other 3 6 3 6 Flock FLOTAT10N: 2. Styrofoam 2 2 3.. Other 3 3 TYP? OF FACILITY 1.i Permanent 1 1 1 3 Co n © 3 T T T t Fig.1 Fig. 2 Fig. 3 Fig. 4 Fig. 5 Fig. 6 (other) Pier Dknensions: See Figure Above Pier surface area &00 .ft. Float surface area ?h d sq. ft. Condition of Pig: 0 Good ? Fair ? Floor Permitted: 0 Yes 0 No Date: By: Add*** information: 5 a%w/e-L. m-o n16 S ?,c rj-E c, frr ? APr,?4X I5td ? 1G Y rw u# - COMMON USE PEMW If this application is for the a mmon use of a facility, those parties using the facility appoint the individual listed in the applicant section of this form as the agent applyirg for the permit. AN parties using the fwiky must sit below Date Address N L •t All Joists Sri treatea zx6 max span 10' 0 16" o.c. All girders doubled #1 treated 2x8 max span 10' All pilings 7-9" min Oft penetration into lake bed All seams and corners use 5" brackets with 1/2" bolts All fasteners galvanized or ceramic coated All girders, pilings and posts thru bolted with 1/2" bolts All floats black formex encapsulated with 3" lags Ramp uses #1 treated 2x10 6 16" o.c. with galv hinges -,-A%.IAI 1_ 141 s. a° K,ti , e+4LL <-- = PAN BY: FULL SCREEN Q' ?-?3rJ• li z+ HALF SCREEN r• ` '.- ? r i !vt 4 r ? R '? Nr1e r u a ZOOM FAR IN ZOOM IN ILI P. ZOOM OUT I i ZOOM FAR OUT rr BLACK&WHITE O Dti? I r FlAdPs7rl Hn.v ai d:l"n r ?? CG - I '7 ? UJ .T ? ~ •J r; L:c LESS DETAIL 0.4 MI CENTER= -80.96295 35.52450 LAa c riv ?- , p by (R) T._ H:? ?helS n.l = i to .d $ '???$ a •?j J! ? s.y ate h*;v':? - • ? ? ? ? any, 4'D.? ?? -zY -' ?•' ...,?. . _ 984-2005 TeleAtlas N.M., Switchboard. use subject to \ WATER , \ MfTI_R \ 64:: t ?1Jy3 SI. WI-_R WI S ?Al i 65 n ,? I • ? f wpE,y ? l 1,.1- `? \ 'QROI S84'39'21 `E 110 DO' ) Z N ? \ s f v t °' c°n PPL- 69 4 66 PROPERTY LINE FOLLOWS DUKE POWER CO. - i PROJECT LIMITS. FOR LAKE NORMAN CONTOUR AS OF APRIL 997.)760' f` f ` 6 6'{ / PRELIMINARY PLOT PLAN x / AC. -ACRE SUBJECT 70 {tCC APPR[)VAI 1 ! BLDG. - BUILDING PIERS MAY EXTEND FROM THE SHOt?ti FOR A DI,TrItCC [?F w CELT REGARDLESS POE - PUBLIC DRAINAGE EASEMENT PPL - PIER PROJECTION LINE OF TIC WATER DEPTH AND MAY t.'XTCNO TO is k4AYJWJM LLNCTI+: OF 120 FEET R/W - RIGHT-OF-WAY TO ACHIEVE A WATER DEPTH OF IU FEET. MEASURED AT FUU POND. IN NO EVENT SF - SQUARE FEET MAY A PIER EXTEND MORE TtIAN I1-_. of m1- WIDTIf [k' THE fOVE IN wIICN IT IS LOCATED. 1HF. TOP DErxiN([k ALI 141'R: mu%. rte' A irl.:r Fn!! ARt3Vk THr WATCR SURI'+:CI- AT 1-141. IYpb's PRIOR TO CONSTRUCTING ANY PIER, %Tt:'t jUK OR 011jrR IMPROVEMENT %WM*N ANY PIER ZOOE SHOM Oft THIS fltAT, A PERMIT MUST FW Ot31AINE0 fly TFIE APPk1CA1?LE LpT OtATtER FROM OttlcC ENERG"[ CCEtPORATM IN ACCORDANCE VAT" THE TERMS DF THE APPI.ICAIlLI' 1.01 I'URCt1AtiF ANtl "All. AGREFUrNl ANI)iTrE OECLAl2A7Itkt tX [:OYf.N sN.t ., Cystryklltdp- AM. tM'.lw.I [Mf5 1 (lp S"ww. IISCS T(M 'S tf)lifi4. N+)l rtFt.tl wRg-NT. WATER METERS ANU SCYA:"R WL IttkLL`: Slit"tt FROM PLANS, SUBJECT TO FIELD VEh1FICATI[rRl. YARBROUGH - Wttd HOULE INC. Planning .Surveying Surveying . Engineering 730 Wodsor Oak Court Chertotte NC =73 704.SS&1990 704.55&MWfox) 0 30 60 120 180 GRAPHIC SCALE 1 inch = 60 ft. LAKE NORMAN r 4 , Final Grade Lake Lake Bed ; J W > Q t? - ------ ?; Fill .Q ; ? .J 'H SEGMENTED BLOCK RETAINING WALL