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HomeMy WebLinkAbout20050391 Ver 1_Complete File_20050301O?OF W AT E9QG > Mr. Mark Brumbton 125 Mariner Pointe Lane Mooresville, NC 28117 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources DP@PodR p D IV14 2 2 2005 CENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Alan W. Klimek, P.E. Director Division of Water Quality March 14, 2005 DWQ# 05-0391 Iredell County 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. Brumbton: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.005 acre of waters and 0.005 acre of riparian buffer for the purpose of stabilizing approximately 118 linear feet of shoreline on Lake Norman, as described in your application received on March 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/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. 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 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. tvit Carolina undly 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 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 O?C? SAT FRQG '-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 March 14, 2005 DWQ# 05-0391 Iredell County Mr. Mark Brumbton 125 Mariner Pointe Lane Mooresville, NC 28117 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. Brumbton: You have our approval, in accordance with the attached conditions and those listed below, to place fill in onto otherwise impact approximately 0.005 acre of waters and 0.005 acre of riparian buffer for the purpose of stabilizing approximately 118 linear feet of shoreline on Lake Norman, as described in your application received on March 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/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 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 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. Neo hCarolina Xhirally 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 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 Triage Check List Date: 3/3/05 Project Name: Mark Brumbton DWQ#: 05-0391 County: Iredell To: Alan Johnson, Mooresville Regional Office 60-day Processing Time: 3/1/05 to 4/29/05 f? } L LI 'J F 1, ` C 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 ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill 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! 41, 050.391 DUKE POWER LAKE MANAGEMENT, EC12-Q P. O. BOX 1006 t` `Il ' I CHARLOTTE, NC 28201-1006 Rll k` 704-382-1567 OR TOLL FREE 1-800-443-5193 R ?_ ?? CEIED 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-,pj blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWE TO TO DUKE POWER, TO ABOVE ADDRESS. MAR 1 2005 1. Applicant Information A. Name Mark Brumbton DEN R -WATrR nuAu ,""s14Be ?`tQ cTrnli`a'Y?TER B12A`lCN B. Mailing Address 125 Mariner Pointe Lane - Mooresville, NC 28117 C. Telephone 704248-6229 E;? 53 ?' E4 II. Location of Proposed Project A. Lake Lake Norman' B. Street Address 125 Mariner Pointe Lane County Iredell City, Town, Community or Landmark Section Lot # 24 F. Directions to property by road Lane - House on left Mooresville, NC Subdivision Pinnacle Shores 1-77 N - West on Hwy 150 - Left on Mariner Pointe G. Latitude and longitude for the project site 80.93799 I 35.60361 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 on intemet site, www.maosonus.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 K E4 ??oh e g B. Material K Ey Ga-?„? Lv al l U) i R i J2 (Z, C n A--? eF?5 e-- C. Distance from property line/shoreline Will follow existing shoreline IV. Intended Use of Project Area A. Private X B. Commercial V. Applicant Signature PA4-1? Date j PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETE APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTON AVENUE, ROOM 208, ASHEVILLE; NC 28801-5006 C. D. E. • 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 Q @ Inw.0 -M 1.1-1 ."n nn -^.. -l -.-- ^. aw i Sri wnn. - Tn. - nnnn.nw-- A,wr - n,.w, r wrrrur,nu. ^#", 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 1. Owner/Applicant Information Name Mark Brumbton Mailing Address 125 Mariner Pointe Lane Mooresville, NC 28117 Telephone Number 704-704248-6229 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 owner/applicant.) Name Jason Mitchell Company Affiliation A. J.'s Landscape Mailing Address 1401 E. Ozark Ave Gastonia, NC 28054 Telephone Number 704-867-5873 Fax Number E-mail Address 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 Iredell Nearest Town Mooresville Subdivision name or site address (include phase/lot number): Pinnacle Shores Directions to site - please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 1-77 N- West on Hwy 150 - Left on Mariner Pointe Lane House on left 2. Describe the existing land use or condition of the site at the time of this application: House with no trees on lakeside - Was cleared when power line was put in. 3. Property size (acres): 0.81 4. Nearest body of water (stream/river/sound/ocean/lake): Lake Norman 5.. Describe the purpose of the proposed work: Stabilize Shoreline with Keys4n., U*1' To stop bank erosion 6. List the type of equipment to be used to construct the project: Work will be done By land with small bobcat - disturbed will be mulched Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below 3' '?k t t 491 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: ?t Y, b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to be impacted (number of trees for instance): Grass no trees pv? InInA? it/Agent's re Date ignatur?s is valid only if an authorization letter from the applicant is provided) 7. 8. I 'P ' MWO'L t 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. S" M e L? 1`11 L- //-? ?1`lI?NUEoRT-S llg` .r` AMOV'NT OF FELL to 2-CUBIC YARDS RAC) SVI I ??? I o 10'r, -/oj mac, . A't ??? CROSS SECTION b2/25/11J05 17:06 17045002102 CELLXION.hET PAGE 01 lap Output httpJ/,gis.co.kedell.ne.us/amlet/contesd.esdmap..Esrimap7SmiceN... . •...n',.......... ........ i iy:...... 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BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 Applicant's Name: Mark Brumbton Lake Name: Lake Norman Subdivision Name: Pinnacle Shores Property Section: Lot: 24 City: Mooresville County:Iredell State: NC Zip: 28117 Telephone: 704-248-6229 Type of Permit Requested "Circle": vate F• ili Commercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): I-77 N - West on Hwy 150 - Left on Mariner Pointe Lane - House on left Property (description): 125 Mariner Pointe Lane *Note. Please use the back of this form, if desired, to draw us a map to the site. Maps On Us: Show Map A Page 1 of 2 Draw New Map I Current Map Map-Settinga Mail Maw Register with What's Nearby Click to view on map _ Dining r Coffee Shops r Restaurants r Brew Pubs r Chinese r Italian r Mexican r pizza r Seafood r Steak + Recreation & Entertainment +Community Services +Shopping & Services +Travel QVft POME LA MOCRESVIII-L.6'NC PAN BY: " FU.L 8CREEN < . Kt r he 4 HALf SCjRtEEBV ! 4W, OIL LESS DETAIL 51 http://mapsonus.switchboard.comlbinlmaps-maponly/us»--4212bc 1 c.76f79.137a.61c=3lfon... 2/15/2005 Scale (mi/in): 0.40 ` Map-Clicking will: Show Long/Lat REDRAW MAP WHAT'S.NEARBY? Explain Map Operations Problems printing? Get a Printable Maw. TopoZone = The Web's Topographic Map Page 1 of 1 0 0.3 0.6 0.9 1.2 1.5 kx G 0 0.2 0.4 0.6 0.8 1 mi Map center is UTM 17 505027E 3939541N (WGS84/NAD83) Lake Norman North quadrangle M=-7.126 Projection is UTM Zone 17 NAD83 Datum G=0.032 http://Www.topozone.comlprint.asp?z-17&n=3939541.14111755&e=505027.24616637&si... 2/15/2005 it.' i ! }t- ? 7r ? ? ?.KI ,'[y? ? ,I •~ ? ,,???+. -fin ,YI' 14-11 ,h. ? iis? ? ? • 3,y 'k 'f! ? f 'z:4 _7 ? Y ? ? ?'s 1 ??4 } 7 Jam. Y ?" a. 3? ? ? tr '!. .. f`.?i*•??4'?+ ?a is ? ? ? ??: ` ?` >??' F? ; -r ?'? .??? '?''+1?+Y??t'- r •A? - ?}}?5ii-? ?. p t?-?i "??+r*°? r2 t?,?? ,?;'S'? ??,?? r?,d y ^?'. . 'J . ? ? '??j.?'+? ?1 `.}f,y?ryy?. `"y?" r?I???;??_??!? !? M ?` '. ?^,1? r? r ?.f',??y,'W •w 4 s• ° ?" gyp- +N ? 4 f. .. 4. r fir ' y .w . a Z fir, a+? p ??_ ? ? ? ,¢ ?.?, w ?4y? ? e "N mot' ?'_ ? 8 ?`4..' 3 ,? y{t ,:?kNf ' ?s ?' .,., R`?? ??.,. ?' "'R? ?'y"ar-If -?' 3 ??.$,"'w?'?v?Y+?i??? ?'?i ''? a'e ?.,t •^* ? -'??qp a»`, • ?pi v? _ ,l ?v .??"-. _x? ? ?!4 Ff s`X',i a??? ? d `.? •?7? ? •f ?r _?i•' .?"`4 `?- ..?-. ? "?k S'-? 'k??• a • ? ` [ - .c.M °. w?s.? - ! ?, ±.±.. $ . ..a . 1. s 10236 Y 2/7/2005 LAKE NORMAN SEA WALL 200.00 0 5 0 3 9 2. Rex vd.: - I- os CHECKING 200.00