Loading...
HomeMy WebLinkAbout20051466 Ver 1_Complete File_20050803 (2)?0F W A ? F9p Michael F. Easley, Governor ,0 G William G. Ross Jr., Secretary 0 North Carolina Department of Environment and Natural Resources .? Alan W. Klimek, P.E. Director Division of Watcr Quality September 15, 2005 DWQ# 05-1466 Gaston County Mr. Richard LaVecchia SEP 2 U 2005 7054 Lakeside Point Drive DENR-WATERauAUTY Belmont, NC 28012 MEW= NJDSTOrr NATUmmcii Subject: Lot #22, 7050 Lakeside Point Drive, Woodland Bay S/D 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. LaVecchia: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.009 acre of water and 0.006 acre of riparian buffer for the purpose of stabilizing approximately 135 linear feet of shoreline on Lake Wylie, as described in your application received on August 3, 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. This 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. Since trees have previously been removed from the buffer, the buffer shall be allowed to regenerate naturally back to forest with no cutting of tree species regardless of size. 2. No impacts shall occur in the buffer, including the removal of trees or the addition of fill, except in the immediate shoreline area (two feet from the shore). 3. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project. 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. one N Carolina Ntirrally 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% Recyded/10% Post Consumer Paper Page 2 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 Barry Love in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, ? )'. I -? - t' (-j (r, ? for Alan W. Klimek, P.E. Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly Central Files Quality Piers - Kenneth B. Smith WAT?9?G 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 September 15, 2005 DWQ# 05-1466 Gaston County Mr. Richard LaVecchia 7054 Lakeside Point Drive Belmont, NC 28012 Subject: Lot #22, 7050 Lakeside Point Drive, Woodland Bay S/D APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 26 .0243) with Additional Conditions Dear Mr. LaVecchia: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.009 acre of water and 0.006 acre of riparian buffer for the purpose of stabilizing approximately 135 linear feet of shoreline on Lake Wylie, as described in your application received on August 3, 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. This 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. Since trees have previously been removed from the buffer, the buffer shall be allowed to regenerate naturally back to forest with no cutting of tree species regardless of size. 2. No impacts shall occur in the buffer, including the removal of trees or the addition of fill, except in the immediate shoreline area (two feet from the shore). 3. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project. 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. NorthCarolina Aatirrally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enutate.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50°10 Recycled/10% Post Consumer Paper Page 2 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 Barry Love 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. Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly Central Files Quality Piers - Kenneth B. Smith Triage Check Dist Date: To: 8/5/05 Project Name: Richard LaVecchia DWQ#: 05-1466 County: Gaston Alan Johnson, Mooresville Regional Office 60-day Processing Time: 8/3/05 -10/1/05 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Minimization/avoidance issues ? Buffer Rules (Neuse, 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 ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps 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 704-382-1567 or TOLL FREE 1-800443-5193 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 SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. I. Applicant Infor t- A. Name B. Mailing Address C. Telephone: H. Location of Propose A. Lake PIA) B. C. Street Addre County D. City, town, comp E. Section F. Directio,4s, to pros I P ojcct , , e, G ?I y or landmark ?P / m U Lot # Subdivis-on by,Waa 0 -e- In1 d o H/ A ?. ' 0 449C G. Latitude and longitude for the project site s 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 o. 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 r 1 A. Length of wall AU G B. Material ?' 205 C. Distance from prope y line/sh e ine pG,?,? „ f PC IV. Intended Use of Project Area A. Private tJ B. Commercial n, V. Applicant Signature Dat v PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 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 HATER QUALITY ATTENTION. JOHN DORNEY PARKVIEIFBLDG., 2321 CRABTREE BLVD. RALEIGH, NC 27604 919-733-1786 10' I l.'02 ssh 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 $475.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1. Owner/Applicant Name: D AUG 3 [U05 DENR . ?YATER QUALITY WETLANDS AND STORI MATER ERANCN ? 6r Telephone Number- E-mail Address: r; N 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent as signatory authority for the owner/applicant.) Name: KCir\.n I -.S m t+I Company Mailing A Telephone Number. 4V 3- U / Fax Number: E-mail Address: inn i' -1 Z a II. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. You may use the diagram below to make a hand sketch of , Maps On Us: Show Map Pagel of 2 V °'? ? ?? ? ? DiiiECTiC5 i 1;1D ", uU`lilES°i SE TTit1GS tii Li' s-- rs ? - -- hWP$ ` ?/ f a servico or Switchboard.com Draw New-Map I Current Map Map Settings I Mail Map TDG-J4 , - 7Z, ? Register wiat t -ops On Us WhalVs Nearby Click to view on map _ Dining Coffee Shops Restaurants Brew Pubs Chinese Italian Mexican Pizza Seafood Steak +Recreation & Entertainment +Community Services +Shopping & Services +Travel Map Size: 370 x 400 U U Smaller Bigger Custom Size Default Size Q IN ? ? M i 63yshoreLUr Lakeside Point Dr f , D0 `,. -, 96T f ^pC` : ' rr vy 1 °? O ? \ I n 2 MI 1 f FhITFR• _A 1 nAgOO aS 1-7raa i? I i•, ? a F -' wC . PAN BY: FULL SCREEN HALF SCREEN ZOOM FAR IN ZOOM IN ZOOM OUT ZOOM FAR OUT BLACK&WNITE ERASE LABELS ?-1 C)19 34y--2005 U AtI'RN.Am., switchboard. Use subject to LICENSE. Scale (mi/in): 0.20 . i Map-Clicking will: Zoom In REDRAW MAP WHATS NEARBY? Explain Map Operations Problems printing? Get a Printable Map. http://mapsonus.switchboard.com/bin/maps-maponly/usr-42d 1008.b700.1 e2a.6/c=8/formName=setc1i... 7/10/2005 Form 398578 (R9-85) SHORELINE MANAGEMENT PROGRAM Previously Form 06940 PERMIT APPLICATION FORM NC 1 SC I.D. No. Permit No. Co. No. 74? L) Grid Sect. C Lake Utility Co. APPLICANT Name: 4? -)CCA' /? ,}? Address po k), Stmet or Box btanr- Telephone: A Code Numbar Signature: Circle the aoorooriate number below Feed 2 Lease Last V Z? Zip Ext. Ramp & Marine Shoreline Pier Railway Boathouse Stabilization Other USE: 1. Individual Ui 1 1 2. Common 2 2 2 2 STATUS: 1. Existing 1 1 2. Proposed ' 2 2 2 MATERIALS: 1. Concrete 4. Treated wood 1 1 1 4 1 4 2. Masonry 5. Untreated wood 2 5 3 2 5 2 5 3. Metal 6. Other 3 6 6 3 6 3 oc FLOTATION: 1. Plastic cylinders 1 2. Styrofoam 2 2 3. Other 3 3 TYPE OF FACILITY: 1. Permanent 1 1 1 2. Floating 2 3. Combination 3 ? 1--- --I ?/Z I+J T J 46 Fig. 1Fig.2 Fig. Pier Dimensions: See Figure Above Condition of Pier: ? Good ? Fair ? Poor Permitted: ? Yes ? No Date: Additional information: ?. 0 r :;?, Pier surface area Z Q??s q. ft. Float surface area "7.3y sq. ft. A By: r, I--- --I I•- --I Fig. 4 Fig. 5 Fig. 6 (other) :q-'I COMP40N USE PERMIT / If this application is for the common use of a facility, those parties using the facility appoint the individual listed in the applicant section of this form as the agent applying for the permit. All parties using the facility must sign below. Name Date Address L121 7051 C1 29 64 CN C? 70,6 13 45• C.O.S. .62- CH H 2.47 Ac.t 62' I0' RAD Point Drive ( Publ i c) 135.54' CH S 45'20 52"W 7050 y 2 0.72 Ac-t_. M,,. -• 1?0? BUFFSR "N 0 a; 52 L? ZI NI 4 AI .. I QN, V O J I p ? .? Sg.6?,? ?, 2 28 5 I ? 54 4! C;tA 120. ?. ,^ ? 34!22 4 " r CH ' 57.41 N 45.00 ? S 37' 26-37 7054 2 1 ? ? Z3? 49. S8 S 50'36'04"E 7060 M. 67.32' CHI ~ '0'45.00'. #AD 1, 20 Acf ti O'• j 9 5 00 N \+ 6 *B, N 1.02 Am* Ioo? 14 L1 ?? 's\ >O k\ ?/od 5 Filed for registration on `' a?7 day of 2000 at MU-13 O'clock -M., and Registered in the office of Register of Deeds, Gaston County, N.C. in Book (P Page -a3-_ fv I?ee ?- t3r?wn Register of Deeds O NORTH CAROLIN GA&ON COUNT` I, u a. Q(b w, aforesaid count' copy of documE Page M WITNESS my hai 6t fidbew- 6w ok° 1T I ':U 1111 l;i. o 1. PE -I- C: lz !C{ 7 i.7 1 "IBC _.i! 11TI fi . -:I i?l is ien i.!+ .ri.Dr. . - - -- - ----------'-------_._------- ` i r!,!ct fir, 111f0;--'-.. I_. I?11 1) j ArE rod" tl tlc'1'r :,5 l it„; `?' ?i>i i_.•::? 1., _I 1 1) ?,;1 _ :...?_i:, is i'. c•._ r _J? ;i: i? 1 1?` r IDTI F- :z_ ' e r? APPLICATION FOR ZONING PERMIT ONE AND TWO FAMILY DWELLINGS ONLY U !i SINGLE FAMILY O TWO iAMILY O MANUFACTURED HOME PERMIT Iy 7?. ? ' U3 E `ACCESSORY DLOO. O REMODEL ADDITION O PRIVATE RESi0ENT1ALQUARTERS ?,)J A. of O W f r*1 11 OWNERt r 1- t ?' c? rr L\ N E ADDRESS R' CITY k`, A STATE MC, ZIP DAY PHONE(1frkI) ?•???? TAX I.D. NO. \ CENSUS TRACT ZONING DISTRICT SUBDIVISION NAME LOT #f-. r 4 BLOCK # \ L, t F DRESS/ LOCATION l s ) r , 7, .3 - 1A 5 nom- 1 L i 1A.,/ r- -- \\ `- • e ?s C FLOOD PLAIN PANEL MO. ?`tl.h WATERSHED DISTRICT r A T PRIN?C?,IPLE STRUCTURE ACCESSORY STRUCTURE Blzc ( O PROPOSED SETS CKS REQUIRED SETBACKS (rao"STRCcT -or-WAV AND PROP CRTYUNCS) ?RONT IRONT usCr PROPOSED SE'T ACKS REQUIRED SETBACKS MONT /'?tQNT RCAR \ \ _ N ROAR REAR ., \`' L SIDE jk s11D 1 ?. L SIDE LStDC R SIDE ? R SIDE ? R SID[ fR xlocr j- -- WIDTH AT BLDG LINE WIDTH AT •, no LINE IO fT - .. EPTIC PUUVUC 0 i[WtR PRIVATi? 0 i WE LL iUTi T Fu I NEIGMIT LOT Stzr ROAD rROHTAOC yz? . WATER COMMUNITY WELL O ? - OOMMUNI'TY {EW[ MANUFACTURED HOMES ONLY MANUFACTURE HOME PARKS ONLY MANUFACTURED HOME CLASS ,Q A 0B 0C [3 D ? - ?CCCIfORI' WMWACIINED HOPE T p1Ip p NO a \ ' LOT NO. PARK NAME PARK OWNER iAWF YEAR SIZE: P LOT P LA N (SHOW DIMENSIONS OF LOT AND ALL BUILDINGS - SHOW DISTANCES OF BUILDINGS FROM STREET RIGHT-OF-WAY LINE OR PROPERTY UNE. WHICHEVER IS C LOSER TO HE STRUCTURE.) ?Ov Ul i .c,, r f . v •*}, 1 0 ITy APPLICANTS NAME (if other than owner:) PHONE # R ADDRESS CITY STATE ZIP 7NE INIDEIISIGIED KREIT CERIYES THAT HE/SHE IS EITHER THE OWNER OR THE A M OREZEDAGENT OF THE OWNER AND IitMW b"ES APPUCA= FOR A PERMIT AND MFECTTON OF WOM DESCRIBED AHD LGREES TO COMPLY VU ALL APPLICABLE LAWS RECUL&TDC THE wom THIS P[RIIR TER SDC (6) MONTHS FROM DATE OF ISSUE IF NOT USED AND VAUOATED. 0"BLE Lm NO FOR THE P E OF W1aNG ZOHRIG AND BUADD+O INSPECTIONS. I R£E TO ALtA+I [YPIJJTEIS CF 44STOH COUHTT TO ENT[R T?CS PAOPETRY DURING RFAS 1 TOTAL FEE # ? mT>L ' APPLICANTS SIGNATURE -? RECEIPT if WE. BY: DATE: EXPIRATION DATE: \ al St1E INSPECDONS P'l atmnLT I-?MT anmrsn r-...wr.ew rte.... ..w....w < r?..w... rn r"?r.r .emr,rn nor e_erre.r ce+ec r.?n.n..r.n .r.waser