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HomeMy WebLinkAbout20050094 Ver 1_Complete File_20050121MEMORANDUM TO: John Dorney Regional Contact: Alan Johnson Non-Discharge Branch WQ Supervisor: Rex nleasnn Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Jonathan Wade Nilson Project Number 05 0094 Recvd From APP Received Date 1/21/05 Recvd By Region Project Type shoreline stabilization Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 7G P30 water & FT O N 11-(75) %VSIV B CA 30,832. 0.01 75.00 CB1 Buffers FT O N F 30,832. 0.09 F OY ON ??F__ F__ F_ F_ F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y * N Did you request more info? O Y 0 N Have Project Changes/Conditions Been Discussed With Applicant?O Y O N Is Mitigation required? O Y *N Recommendation:O Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 35 2 11 Longitude (ddmmss) 80 58 8 Comments: Staff visited the site on March 1, 2005= Basic shoreline stabilization eject. Wooded lot. County Lincoln County2 Region Mooresville cc: Regional Office Central Office Page Number 1 Facility Name Jonathan Wade Wilson Project Number 05 0094 Comments (continued from page 1): Date: County Lincoln Regional Contact: Alan Johnson cc: Regional Office Central Office Page Number 2 ot r?9p6. wA r Mr. Wade Wilson 3965 Lakeshore Rd. South Denver, NC 28037 Subject: Lot 4, Stonesthrow Dr. March 4, 2005 DWQ# 05-0094 Lincoln County 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. Wilson: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.007 acre of waters and 0.007 acre of riparian buffer for the purpose of stabilizing approximately 75 linear feet of shoreline on Lake Norman, as described in your application received on January 21, 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 httD://h2o.enr.state.nc.us/ncwetlands. 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 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 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 r t. L- tiu Michael F. 41).. Govcmor William G. Koss Jr.. Secretary North Carolina Department of Givirunmcnt and Natural Resources Alan W. Klimek. P.E. Director Division of Water Quality N__,?` Carolina N,atura!!il 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 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. AKlaj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly Central Files Triage Check List Date: 1/24105 Project Name: Jonathan Wade Wilson DWQ#: 05-0094 County: Lincoln To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 1/21/05 to 3/21/05 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! / DUKE POWER LAKE MANAGEMENT, EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 704-332-1567 or TOLL FREE 1-800-443-5193 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 SUII(\IIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. 1. Applicant Information A. Natme r". <- V 1 B. Mailing Address -? Lk, C. Telephone: 5 11. Location of Proposed Project A. Lake ? '-= %- %,- 13. Street Address Stcs { ?: t C. County l_-t I'll D. City, town, community or landmark G° f` 'zl E. Section I Lot Il Subdivision L.21? F. Directions to property by road -tAA t it c; t??1 ?? ?- Lin r? "!, t ??" ?1.'tn ?i?i^ ?t(i ??,v, ?-- Z G. Latitude and longit de fdthe project si s' ySdI IL Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showim! the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found, tvt?tv.ntapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Ntap Clicking Will...", select "Lat/Long" click map) RER C(-, gvn 111. Description of Project J ? A. Length of wall 1 /'? ----- -- JAN 2 13. Material h '?, ?nn.5 C. Distance from )ropers p`?iR IV. Intended Use of Project Area ---- '`' TUdrCS?','pSTG'nf,fr kiERE?1CCH A. Private B. Commercial Date Applicant Signature - - - ITL.,1SE NOTE THE FOL . II'ING: • A COPY OF THE COMPLETED APPLICATION WITI I A ROAD MAP SI IOWING LOCATION OF TI 11= PROPER I'Y MUST BE SUBhlrrrED TO: USA Rill Y CORPS OF ENGINEERS, 151 PATTONAVE. - ROOM 208, ."ISH I'II.LE, NC 25801-5006 • A C0111' OF TI IL• "DUKL' POWER APPLICATION FOR P :I NNlI ' TO STABILIZE TI II: SIIORI:LIN1: IN NOR] I I ('AROI"INA" AND SEVEN (7) COPIES OF'I'II[- COMPLETED "NC DIVISION OF WATER QUAI'l"Il' 111\L- ('()Ns I RUCTION NOIIFICA"1ION APPL"ICA fION' MUST 131`1 SU1311ITI 1) WITH 1111: DIVI?Ic)N' OI ??',? I I:I: OUALI fl' APPLICATION ITH TO: NC DIVISIONOF I{ATER QUAL1TY ATTENTION: JOIIN DORNEI" PARKVIEII' BLDG., 2321 CRABTREI; 13L I'D. RALEIGH, NC 27604 919-733-1786 111 I(, a-'..t, 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, INC 27699-1650 1. Applicant Information 1. Ovnier/Applicant Information Namc: -jC--LN4I l,"n, W ?c W ?5r .? Mailing Address: -j` -s -?? ?" ?? i,N , r. V- N 2- o s J y ?' C 5' Y Telephone Number: '7c''/ (/f S3 17 Fax Number: 70,'/ E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Autlmorization letter must be attached if the Agnt has signatory authority for the owner/applicant.) Nanle: Company Affiliation: Mailing, Address:_ Telephone Number: E-mail Address: 11. I,roject Information Fax Number: 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 nlay use the diagram below to slake a (land sketch of your project. Also, sec the example below for guidance. Both the vicinity map and site plan must include a scale and north arrow. Tile footprints of all buildings, impervious surfaces, or other facilities must be included. 1. Location f c ! 1? t County. L %r' c c / r-t Nearest Town: - Subdivision Subdivision name or site address (include phaseflot number): ,. ?rrr., Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 2. Describe the existing laud u e or application: 1, 1 C?%, , ' 3. Property size (acres):_- of the site at the time of this 4. Nearest body of water (stream/river/sound/oceall/lake) N,1, IAA cl 5. Describe the purpose of the proposed work: 'IQV, - t 11 r-- 6. List the type of equipment to be used to construct the project 5?l?,llzt- l?1 r.:-1? ?• 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, ? etc.) below the normal pool lake level in square feet or acres: x y ' - 8. a. Amount of impact (including all clearing, back fill, excavation, rip rap. retaining walls, etc.) above the normal pool lake level and 0 feet and-ward in square feet or acres: G ?t?, ,? J'J ' 'u?' G-7t 17 b. Please describe vegetation above the normal pool lake level and 50 feet land- - ward to be impacted (number of trees for instance): 19? u! ?? -- - ,.`rte " -------- Date Ar,i nt/Agent's Sifnaturc signature is valid Oilly if all authori711t10I1 letter from the applicant is provided.) IN f'p with Parcel Informatioii Page 1 of Lincoln County, NC Office of the Tax Administrator, GIS Mapping Division Lincoln County and its mapping contractors assume no legal responsibility for 1r?t} ???? f - the information contained on this map. This map is not to be used for land conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Date: 12/2/2004 Scale: Not Set 39782 ?ti 1 \1, 37107 `79758 70773 % 1500 ,r •,." 70710 ?p 39781 s 80081 \P\'j p 2177 79 59780 71619 r 7 7166 79739 ,{ Sa ?g26 N 0171 oaco i? 39778 39 ?A V" Sa 151 S \? 0172 aa.? a'° 21.13 •-~f? / s`" 1 RABBIT CIRCLE 31 31116 0`?6) 9717\ - \ .A t 1 ?' ?OY 473 11864 - ' 1219 1 79756 34277 \ 0266 C5 7278 1 32962 80082 M 32336 6277 7d «1 ?9 \ ?7 80081 7212 1272 1 y // r ` 1 ` 20' Permanen blaindye 5I778 , 19 3 036 80 16.07 72730 f l e F67787 r 7 ° . - b S 13.69 7116 (3 93A) OOJ9 ? - 797,55 5008 t n 7088 JOOG 81779 9 R 3 YY1 'n LAKE NORMAN i ? DJ 3978 5 •/Tt1Q?. 71168. : OS 71 70221 6 o f 1 2 J 3838 70712 ?\\ 1 81310 81311 79751 ,i $866 WRSCk, -' 1NA RLA.v W 1816 =f J - 41312 81317 `D _? M1f 72059 \t?.t1 1 5812 I 0877 `7 1871 .? - 72058 )9737 71169 L \ f 77 16 i 3756 1 5796 J 1 r 10, I! f) 1 A '" f 111 1 S / WOOD'S COVE COURT n ? ?r ( s ? A V-tzz»- t /i Vbi J Ao 82577 pp (2 OOA7 58016 j 71771 6559 p 0309 7518 58015 _ 6 ? 72060 \ G 72769 0561 82578- 1513 \_ 10 8257?r 6 8367 x t5 c 6580 11629 -u.• i . ld1 _ ?'? 1 F; 1128 + p3A) (279) _? )u YYk?? "5)- 1?}; 72061 ?L2pgL 12781 32372 h +11 0J1G ?1 y 6776 ] 77692 (2. 19A) 0121 0Jo1 ^ 759 -11-114 770624 Cmy C?! , `` i - PHOTOS PARCEL INFORMATION FOR 4615-10-45-1857 Parcel ID 81341 Owner WILSON JONATHAN W WILSON LISA C Account 0156641 Mailing 3965 LAKESHORE RD SOUTH Address DENVER NC 28037 Deed 1597-659 Recorded 6/4/2004 Sale Price 5120,000 Land Value $124,604 Total Value $124,604 1B -- All values are for tax year 2004. ----- iffl =4 LOT AURORA LAKE LOTS Deed Acres 0.62 B Address STONESTHROW OR Calculated 0.609 Township CAFAWBA SPRINGS Fire DistriCE DE:i'v En Improvement No Improvements Photo Not Subdivision AURORA LAKE LOTS Lot 4 Platbook 12 Page 243 Zoning R-SF SINGLE FAMILY DIST. Available Watershed VVS-IVC Voting DENVER. Census 371090712001005 Flood Panel 370146-0075 Zone A 100-YR FLOOD (FACTORS UNKNOVJN) 370146-0075 C MINIMAL FLOOD-NOT IN 100YR 3 j 3a 11 , 6?- ?d 551 ?s ? ? `? ? httpWgis_asprinkle/w'ebsite/lcproperty2/print.asp ni c ?osr f??? 7 3 P < < 13cA?--r,A h c G? (Za ?o?Jr+ vz J prr ' j?c S? --s r, c ?- 73 C ??ti 1 6 ffc W A T ?9QG O 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimck, P.E. Director Division of Water Quality March 4, 2005 DWQ# 05-0094 Lincoln County Mr. Wade Wilson 3965 Lakeshore Rd. South Denver, NC 28037 Subject: Lot 4, Stonesthrow 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. Wilson: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.007 acre of waters and 0.007 acre of riparian buffer for the purpose of stabilizing approximately 75 linear feet of shoreline on Lake Norman, as described in your application received on January 21, 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 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 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 petition (that NorthCarolina A aturally 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 Central Files