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20050176 Ver 1_Complete File_20050126
wAr?RQ? fl wa) - D- ?-i 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 February 11, 2005 DWQ# 05-0176 Mecklenburg County Mr. Forrest Earley 3750 Sol Mull Morganton, NC 28655 Subject: 1017 Riverside Dr. APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 213 .0243) with Additional Conditions Dear Mr. Earley: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.006 acre of waters and 0.002 acre of riparian buffer for the purpose of stabilizing approximately 75 linear feet of shoreline on Lake Wylie, as described in your application received on January 26, 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 213 .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 26 .0243 (5)). 2. One foot or riprap will be placed along the foot of the constructed seawall. 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 petition (that NolthCarolina Alatrtrally 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 (703) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Page 2 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/a j Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly Dock Masters Central Files Triage Check List 77 ?_.7 U J Date: To: 2/2/05 Project Name: Forrest & Rebecca Early DWQ#: 05-0176 County: Meeldenburg Alan Johnson, Mooresville Regional Office 60-day Processing Time: 1/26/05 to 3/26/05 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 1-1 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! Masters,.- MARINE CONSTRUCTION AND SUPPLY 5850 Charlotte Highway Lake Wylie, SC 29710 www.dockmastersonline.com Phone: (803) 831-1633 January 21, 2005 N. C. Division of Water Quality Attn: John Dorney Parkview Bldg., 2321 Crabtree Blvd. Raleigh, NC 27604 Dear Mr. Dorney, 05U)76 F. c?1 R odr?P JAN 2 6 2005 DENR - WATER QUALITY t, citANDS AND STORI HATER BRANCH Fax: (803) 831-0967 PAYMENT RECEIVED Enclosed is an application for 401 Water Quality Certification for Forrest and Rebecca Earley. Mrs. Earley proposes to place a treated lumber retaining wall along approximately 75' of shoreline to aid in erosion control. The property is gently sloped and grassed and has a private home on it. There is only one tree within the 50' buffer and it sits far enough back that it will not impacted at all by the placement of the wall. The wall will be approximately 5' high, with 4' below full pond level and 1' above. Total square footage of proposed wall will be 375. There will be a minimal amount of back fill behind the wall. Also attached you will find a copy of the Duke Power application for permit to stabilize the shoreline and a check payable to Division of Water Quality in the amount of $200.00. If you need additional information, please contact me at 803-831-1633. Sincerely, 0124J a Wanda Montgo ery DUKE POWER LAKE MANAGEMENT, EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 -?' 704-382-1567 or TOLL FREE 1-800443-5193 1 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 A. Name _ro ffe_Gi_ aAN& R&becco_ B. Mailing Address_ 3160 Sol RU& SfrPef MRyy?n? jry i r ff(? 06-155 C. Telephone: 993 4) 39 - 5(p 50 II. Location of Proposed Project A. Lake W B. Street Addres _ loll i v e,riid e p ri ?2 char a #P- rr? a s C. Countye IPM b an, D. City, town, community or lanark ar I D'f ie• E. Section Lot # Subdivision F. Directions to property byroad _Mg l,{,Yl j-- I.}-p IItl f?1, M tC 6 6l 1 e_ ca '?'l /. I^YI 6.41 e G. Latitude and longitude for the project site 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 c.::;,Lter:,t: 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_ 75 Jcv B. Material W oc& . C. Distance from property line/shoreline_ Sho?2.1i1n e, IV. Intended Use of Project Area A. Private B. Commercial V. Applicant Signature - Date PLEASE NOTE THE FOLLOWING: V • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, IS] PATTONAVE. -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 QUALITY APPLICATION FEE TO: NC DIVISION OF FVATER QUALITY ATTENTION., JOHNDORNEY PARKVIEFV BLDG., 2321, CRABTREE BLVD. RALEIGH, NC 27604 919-733-1786 1(i 161)2..h PAYMENT RECEIVED 0n 0"17b 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 $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center _ Raleigh, NC 27699-1650 1. Applicant Information 1. Owner/Applicant Information Name: &,f Y" 5t 6 ? ? Q C Ca Fax I e Mailing Address:' j,? n ?o I u II _ M r1 ?( (i CIYI? n 1\? C' ? ? ? ?n 'S `1? (-,22 Fax Number:$ Telephone Number:$ - X39 - 5 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: Company Affilial Mailing Address: Telephone Number: - - Fax Number: _ E-mail Address: u )? ?t dog Q A 12'(1 nj st f s jDfti I; K,0 . (? D n-. 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. 1. Location ` /1 ` County: Q e, k 12 K D I t l Nearest Town: l/ I b -Pi Subdivision name or site addre (include phase/lot number): 101 f Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing 3. Property size (acres): a r? ? g C 5 4. Nearest body of water (stream/river/sound/ocean/lake): LO-ke, rA) I /I^ e 5. Describe the purpose of the proposed work: D 10V e WOOd ?e K_ IrAkI h I k 6. List the type of equipment t be used to construct the project: S ]1n O_ d r it,bkp r + r? e--i-camAnr 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool 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 pool lake level and 50 feet land-ward in square feet or acres: q 4Y S?-_?('JL' X 1' I ?.? 14 , 11 / r/=; v 9,? b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be im acted (number of trees for instance): ?? rp n r? I 1 t• , I_l1 t1? ( Applicant/Agenf's?Signatu& I D'ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) January 17, 2005 N. C. Division of Water Quality Attn: John Dorney Parkview Bldg., 2321 Crabtree Blvd. Raleigh, NC 27604 Dear Mr. Dorney, Wanda Montgomery of Dock Masters Marine Construction, LLC, is acting as my agent and has full signatory authorization for the purposes of obtaining the necessary permits for shoreline stabilization. h4=(L' a. ? Signature t-- Gcc e Printed Name I II D to u J ?,, M untain? t.LL?%4\k ran ?t `Isla d.? tation? V?A a ', ..•i_\ - ,r i Cy `?' L?. .? j ' t (? j;7? r 1, 1 r1?'r,? ` \ `? /. J C ;; v: '? a yt ti 'J 1? - J 1 1 11??? 7 ?:U r i,r. t _ f? to f ?4 35°19. )r f a? ,u ?? r? \ 1 r Water Depth Key* 1 ? " t 1 r Shoreline 4 Indicates Depth of 0 to 9.4 Feet i' 569.4' YZL ! n 560' MSL Irldlcates.Depth of 9.4 to 19.4 Feet i z % XSL Indicates Depth of 19.4 to 49.4 Feet `? ! ,`? \S _„ Rlver Charurel Indicates Depth Over 49.4 Feet 1- {I ?? J Q 520 ?1SL Original Catawba Aver Channel a k I ( ?l - ?i ??? 35•.17 9 N. ? ,. \ ? ?o s '' ?,_ \ 0.3 W r •AQ wattr elevation an shown of full pond elevation of 569.1 fert above mean sea level \ u 1 . VV^^F ?, • (RU). Call Duke Powers lake Information Line for current lake levels (1.804829 Lug). You MOUNT IiOLLY must take current take levels Into consideration to enure boating safrty. 9 t'r ACCESS ' 7 Symbols Used On This Map - ` Marked Hazard r Dangerous areas that are actually marked on the fake sloe ?' Unmarked Hazard \ _ w - ? Dangerous areas that should be avoided but are not actually r lra4 j l A / (! _ marked on the fake. I' .! Fish Attractor J ti May be either a brush or FIX attractor. # Each site Is marked with a buoy. ` ?. Gasoline Sales ?. 1 , : ,L o? r r f r This fan7ity offers gasoline for salt ' r 1 ?? `_ ( t Pump Out Station / .` J? Sewer Hookup or Sanitary Pump Out Station ,r , / 1^< . , • ` Facility Index Number k? 1 Used To Cross -Reference Facility Locations With The Facility Chart Scale 1:24.000 a Nautical hiller ? j F? i ^, 1?ecklel LL/ rg! Coun % Statute MIles k Meters -- 1000 2000 _ ' : ?` Kingfisher biupS, Inc. _ P W ,--.\ .r' N `- nt3 IS To COMFY TINt CW THE ?, DAY 09 t?'^Q 19..98_ Am AcitfK %NviY *4 DONE umom Uy spmv-cm or THI PROpum s"m iGagAN acct ?w IS MGT NTDO[D to MILT C3 47-30 ACOORDWD FOAP(= flCi?a 1 ,-- so0=On PART OF 1t 0? L? W ?? Od 5 ILI$ 1 Q? G t . l IA .00 It .UU it. R V GRS f DL DRIVE 35' PUBLIC R/w PhYaal--. SURVEY 11 Ell pow creek Township. Mecklenburg County. N.C. SCALE ?' y* 30' ra PROFS or i h WP XZORD[D IN WU -AT PACE 735 Dm RECOR= W WGK--AU -1-P^=26703, Dm*rv : R00 Zd Wd00:Zi ZBaZ 8Z '6nd b?6?IbSb©Z: ON Xdd WOdd nas ?g 7 ? ?? Ica ??S f! za1 ?; coo" 10101 F" L" Dona C0.0=9 Lob-OW ?Q OW I831m t!t Aq? novart?ut w a= a rw rst "-- Wom" mcom raaxs ** 10" i Vicinity MCP R A RNE CATAWB .r. ? " 41 V qo 01,6 t l a.? a ve, _a 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). -- N / A .2) Location of rip rap or fill to be placed above the Full Pond elevation - N1IT 3) Location of rip rap or fill to be placed below the Fug Pond elevation / ' o-? r ; Y 4) The location of any pr T?Ove- osed structure such as buildings, retaining ? vrallso docks, etc. - sk ? 5) 1%-e location of any excavation or dredging below the Full Pond elevation. -- NI /}' 6) Location of construction access corridors. , I rl?a ? Y; aL lV 7L-- 0 -b A 0- AM", P Please approximately sketch the following information on this plan (please provide dunensions 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 waliso docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. Q) Location of construction access corridors. 1 i f