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HomeMy WebLinkAbout20050184 Ver 1_Complete File_20050201W AT ?RQG bua r y??o 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 4, 2005 DWQ# 05-184 Mecklenburg County Ms. Carol Frachon 17104 Niblick Lane Cornelius, NC 28031 Subject: Lot 110, Green Dolphin Lane 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. Frachon: 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 100 linear feet of shoreline on Lake Norman, as described`in your application received on February 1, 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 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 213.0243 (5)). 2. No 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. 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 Noe Carolina Amirally 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 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 CBC - Chip Bridges Central Files O?O? \ NAT ? n -? 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 4, 2005 DWQ# 05-184 Mecklenburg County Ms. Carol Frachon 17104 Niblick Lane Cornelius, NC 28031 Subject: Lot 110, Green Dolphin Lane 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. Frachon: 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 100 linear feet of shoreline on Lake Norman, as described in your application received on February 1, 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 its 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. 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 401metlands 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 N Carolina 6` Nhrrally 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 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 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 CBC - Chip Bridges Central Filesa D g V7 FEB 9 - 700 Triage Check List ' L Date: 2/2/05 Project Name: Carol E. Frachon DWQ#: 05-0184 County: Mecklenburg To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 2/1/05 to 4/1/05 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 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! 050184 PAYMENT DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 R? RECEIVED CHARLOTTE, NC 28201-1006 704-382-1567 OR TOLL FREE 1-800443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE INENOR???7 CAROLINA DENR-WATER ALID VIE7LANDS AND STORMMATER BRANCH 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. A. Name Carol E. Frachon F I I, r-t B. Mailing Address 17104 Niblick Lane - GOB hE j L L!5 IBC f?Lqy3 I C. Telephone 704-896-6469 II. Location of Proposed Project A. Lake Norman 1. Applicant Information B. Street Address F G. H. 17018 Green Dolphin Lane C. County Mecklenburg D. City, Town, Community or Landmark Cornelius E. Section Lot # 110 Subdivision Beside Penninsula Directions to property by road 1-77 N to - exit 28 - West On Catawba Ave. Right on Jetton Road - Left onto Jib Sail Court - Right onto Green Dolphin Lane NEW lko ws ? u.nd ? (Z cons QXJ-: o Latitude and longitude for the project site '90, -25159 3s, L4 6 r] 8 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 100, B. Material stone L.Oc. S eF? Ujnq I CRi 1Igj 61 k) 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 • A COPY OF THE COMPLETE APION 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 (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 DMSION OF WATER QUAUTY, 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 Carol E. Frachon Mailing Address 17104 Niblick Lane Cornelius, NC 28031 Telephone Number 704-896-6469 Fax Number 704-896-6469 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 704-660-5111 Fax Number 704-6605969 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 Mecklenburg Nearest Town Cornelius 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 28 - West on Catawba Ave. Right on Jetton Road - Left onto Jib Sail Court - Right onto Green Dolphin Lane 2. Describe the existing land use or condition of the site at the time of this application: EFUY e- 3. Property size (acres): 0.84 4. Nearest body of water (stream/river/sound/ocean/lake): Norman 5. Describe the purpose of the proposed work: Install Stone Loc Seawall To stop shoreline erosion Tpr t1 i ' d y( 5?-7a wp-l t 4-- OrL- i?1 6. List the type of equipment to be used to construct the project: By land with bobcat x -P?P--wl Ripn4-p A,4- 004-se-- Work will be done 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below 100, x Ty r 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: 100`x b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): No trees, Old wooden Seawall being replaced to ?o signature is valid only Kan authorization letter from the applicant is provided Lake (Full Pond) 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. or lNell+ s 114 REBAR ao s es Imo, \ LEMLEY TWSP MECMENBURG COUNTY, N.( SEPT. 7, 2004 SCALE:1"= 40' CAROL & KATHY FRACHON RONNIE DELIMON, PLS #1222 CHUCK POOVEY, PLS #3762 ROBERT DEDMON, PLS #3899 PHILLIP HARRIS, PLS 4164 4837 NORTH HIGHWAY 416 P. 0. BOX 494 DENVER, N.C: 28037 (704) 483-4908 N I ? ' 38/156 / j .,? ?• y / I 1 ?` \ ?.? h #5 REBAR , , Oe N 42°52' 58' E 60.25' REBAR DEED REF 9844/011 (BA( 97y I CERTIFY THIS PLAT WAS DRAWN FROM AN ACTUAL SURVEY AND IS CORRECT AND TRUE TO THE BEST OF MY KNOWLEDGE.' ---------------- DAVID CHARLES POOVEY, PLS JOHN WILSON `'p,,,i„«,r,,,,It CAR "'41, 4122/972 EA S L } L-3752 ' COURSE BEARING DISTANCE o ''yo .Jy a' L I S 690 55' 25' W ' ' ° 26. 78' ' Q ? L2 13 E 07 N 30 3.63 L3 N 16° 38' 04' W 18.38' L4 N 45° 24' 59' W 6.36' L5 N 49029'12'W 9.43' L6 N 38° 35' 30'W 47.37' 94 REBAR 40 0 40 80 120 L .. r' \' 0.84 AC.+- .' h 4 S 49° 33' 00' E `?2..09' RONNIE DEDMON SURVEYORS, P.A. 00. 41 -01 C A-- 46040 DOMON M 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: Carol E. Frachon Lake Name: Norman Subdivision Name: Beside Penninsula Property Section: Lot: City: Cornelius :County: Mecklenburg State: NC Zip: 28031 Telephone: 412-608-8709 Type of Permit Requested "C- Private Facili cial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I- 77 N - to exit 28 - West on Catawba Ave. - Right on Jetton Road - Left onto Jib Sail Court - Right onto Green Dolphin Lane. Property: _ 'J C1 It q?`?k lL E Q?_ 2 12, - bl,o v e q0 *Note. Please use the back of this form, if desired, to draw us a map to the site. ,Alps vn (:s: ?nu?? i?lah a service MAM IfI?OECTMS11 FM A a+r.1611M 11MY,DflR113sa Draw New Map I Current Map I Map Settings I Mail Map Register with What's Nearby Click to view on map _ Dining (7 Coffee Shops (' Restaurants r Brew Pubs r Chinese C' Italian r Mexican r pizza r Seafood r Steak + Recreation & Entertainment +Comnnuiity Services + Shopping & Services + Travel PAN BY: FULL SCREEN . `^. ustle R a x d it t ?r HALF SCREEN nRq ° 21 111 f pn?a./ Rt5 tt -80.92859 35.46718 n ZOOM FAR IN ?? Qo ? ZOOM IN ZOOM FAR OUT {Goinor Quay Ct` Peninsula Clup BLACK&WHITE ERASE LABELS I - r r 'I?Q ` ? .• 15 ? LESS DETAIL 17018 GREEN 'DOLPHVI Y LM CORNELIUS.. NC 28031 MaP by Maps on Us M) ©1984-2005 TeleAtlas KAM., 5witchboard, Use subject to LICENSE - Scale (mi/in): 0.40 Map-Clicking will: Show Long/Lat REDRAW MAP ' WHATS C]EARRY.? Explain Ma O erations Problems printing? Get a Printable Map. Ge Intel to! tc ALt For i $C_ Imp::. ni<thsonus.s\v ilChho II-(J.cantrhin'nt?ths-mahrlnl? 'u,r= _411 1 68.9]a7Q.='c14.9 c Iol'l... 1 '2)2) l? iopo/-one - ine weus iopograpmc map 1 d ?ty t4 :??? fr , v? ? t t ? 77xx -! f L r f ti ` ?I' .a r ? _ Page 1 of 1 t ? tf ii ?+ 4 s k "Al IhA. 0 0.3 0.6 0.9 1.2 1.5 kn * 0 0.2 0.4 0.6 0.8 1 Ni Map center is UTM 17 506896E 3924792N (WGS84/NAD83) 1 Lake Norman South quadrangle M=-7.111 Projection is UTM Zone 17 NAD83 Datum G=0.044 http://www.topozone.comlprint.asp?z=17&n=3924791.88072152&e=506895.528344357&,... 1/22/2005 r .- �M .N�� f i� �` � � � � �� _.,� ,� ,,� �� x -er�"`'d �� a i r .- �M .N�� f i� �` � � � � �� _.,� ,� ,,� �� x -er�"`'d