HomeMy WebLinkAbout20050227 Ver 1_Complete File_20050207The 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
L Applicant Information
1. Owncr/Applicant Information
NimP' TY,^-, •7 A 6!r*
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FEB 7 - 2005
DENR - WATER QUALITY
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Mailing Address: X9 H,4 h o,- ?- ??? {
Telephone Number:_ -7o y 4- 6 Jr-S-9 Fax Number: ?vs/ r y SSE. SFir
E-mail Address: ?r Q/ti N?
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 Affiliation:
Mailing Address:
Telephone Number. Fax Number.
E-mail Address: -
11. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivets, 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 trap and
site plan trust include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included
1. Location
County-.-.,- ?, << Nearest Town:
Subdivision name or site address (include phase/lot number):?f Lsf was X07- / S/
Directions to site please include road numbers, landmarks, etc. ('This is not
necessary if an adequate vicinity map is included): -,:7 e e iYt1i?c fi/f a r??ro
2. Describe the existing land use or condition of the site at the time of this
application: H s ; du , ,:y? n t , vv O C re
3. Property size (acres): S 2 /3cr? s
4. Nearest body of water (stream/rivedsound/occan/lake): 4C-,- key /jv.?,n r?
5. Describe the purpose of the proposed work S' ve e-, ?vx .S' 1 i? 6 z st T??v
6. List the type of equipment to be used to construct the project:
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: M/.,.v; ".4 f
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: /t1r1P? ! d e 0 S F r'T' R? •? s?
A"' 16
? /- Sr. n inn
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):r V`2-`''z
7'e.e e s L a ss -77WJ?ii?l G ti d, 41J'nC-2 t -1 -
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Applicant/Agent's 2fignaturc ` Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Lake Norm
BBOOUNDARY LINE 7OZO
SHORELINE DESIGNATION IS P WttCR tS
IMPACT MINIMIZE 11ON ZONE(NO DREDGING)
BANK HEIGHT DETERMINATION
FOR SHORELINE STABILITATION ACTIVITIES MAY, 1999
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1
DWQ Project No.
Certificate of Completion
APR 2 8 2005
66-- 6oZ2 7 County: 1'rkTlh'('S!T. ST(`«??.,a1t. H
Applicant:
Project Name: LoT t (? Tli• fh' 111-jew.r
Date of Issuance of 401 Water Quality Certification: 3 & Z z o O s-
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, V=4-3 , hereby state that, to the best of my abilities, due care and
dilig nc as used in the obs rve?ation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date: 'ols O S?
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
If this project was designed by a Certifted Professional
Date:
as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Registration No.: Date:
O?0 W A T ?9?G
?
a
O 7? 'C
Jerry A. Grady
289 Harbor Landing Drive
Mooresville, NC 28117
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
?
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1
E??- SOS ?? iP?t?
Subject Property: Lot 14, The Highlands Subdivision, Troutman
Alan W. Klimek, P.E. Director
Division of Water Quality
March 4, 2005
DWQ# 05-0227
Iredell 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. Grady:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to
otherwise impact approximately 0.01 acres of surface waters and 0.02 acres of riparian buffer for the purpose
of installing a seawall and associated riprap along approximately 284 linear feet of shoreline on Lake Norman,
as described in your application received by the Division of Water Quality (DWQ) on February 14, 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 the U.S. Army Corps of Engineers (USACOE) Regional Permit No.
198200030 when issued. 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.
This 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. No clearing of vegetation will be allowed. No trees shall be removed from the buffer except along the
immediate shoreline [within two (2) feet] and impacts to ground cover shall be kept to a minimum during the
installation of the seawall and associated riprap.
2. There shall be no sloping of the shoreline to accommodate the placement of the seawall and associated
riprap.
3
All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake buffers so
as not to re-concentrate before discharging into the lake [as identified in 15A NCAC 2B .0243 (5)]? Carolina
Xatrtrally
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet h2o.enr.state.nc us Mooresville, NC 28115
Phone(704)663-1699
Fax (704) 663-6040
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/101/. Post Consumer Paper
Page 2
4. 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
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 Polly Lespinasse 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.
PL/pl
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power Lake Management
Wetlands Unit- Cyndi Karoly
Central Files
File Copy
OF WATER
? DWC -?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deparhncnt of Environment and Natural Resources
Alan W. Klimck, P.E. Director
Division of Water Quality
March 4, 2005
DWQ# 05-0227
Iredell County
Jerry A. Grady
289 Harbor Landing Drive
Mooresville, NC 28117
Subject Property: Lot 14, The Highlands Subdivision, Troutman
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. Grady:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to
otherwise impact approximately 0.01 acres of surface waters and 0.02 acres of riparian buffer for the purpose
of installing a seawall and associated riprap along approximately 284 linear feet of shoreline on Lake Norman,
as described in your application received by the Division of Water Quality (DWQ) on February 14, 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 the U.S. Army Corps of Engineers (USACOE) Regional Permit No.
198200030 when issued. 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.
This 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. No clearing of vegetation will be allowed. No trees shall be removed from the buffer except along the
immediate shoreline [within two (2) feet] and impacts to ground cover shall be kept to a minimum during the
installation of the seawall and associated riprap.
2. There shall be no sloping of the shoreline to accommodate the placement of the seawall and associated
riprap.
3
All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake buffers so
as not to re-concentrate before discharging into the lake [as identified in 15A NCAC 213 .0243 (5)] One
.1latrrrally
North Carolina Division of Water Quality 610 East Center A%cnue, Suite 301
Internet: h2o.enr.state.nc.us Mooresville, NC 23115
Phone (704) 663-1699
Fax (704) 663-6040
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Page 2
4. 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
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 Polly Lespinasse 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.
PL/pl
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power Lake Management
Wetlands Unit- Cyndi Karoly
Central Files
File Copy
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jerry A. Grady
Project Number 05 0227
Recvd From APP
Polly Lespinasse
Rex Gleason
County Ircdell
County2
Region Alooresville
Received Date 2/7/05 Recvd By Region
Project Type Residential
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 O T_@ N F_- 11-(74) wsly Cn 30,832.
F___ F__ [5-Y O N F F_F__F_F__F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y * N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant?Q Y O N
Is Mitigation required? O Y *N Recommendation: # Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
cc: Regional Office
Central Office Page Number 1
Triage Check List
2/10/05
Date:
Project Name: Jerry A. Grady
DWQ#: 05-0227
County: Iredell
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 2/7/05 to 4/7/05
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!