20030884 Ver 1_COMPLETE FILE_20030716

F W A TF Michael F. Easley, Governor
R
O
O? pG William G. Ross Jr., Secretary
F
r North Carolina Department of Environment and Natural Resources
- Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 13, 2003
Len Bealer
178 Ruby Rd
Mooresville, NC 28117

Art Holleman
112 Breezeview
Moresville, NC 28115
Subject Property: Lot B , off Azalea Rd. near Sherrills Ford, NC 28673
Lake Norman classified as (11-(75), WS-IV B & CA, 030832)
DWQ Project No. 03-0884
County: Catawba
Page 1 of 2
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. Bealer & Mr. Holleman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.01 acres of waters and 239 square feet (fe) of protected riparian buffers for the
purpose of installing rip rap to stabilize approximately 239 feet of shoreline, as described within your application dated
07/16/03. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water
Quality (DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use
Regional General Permit No. 1.98200030 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control and Duke Power regulations
and permits. Also, this approval will expire when the accompanying 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 and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. For
this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
Conditions:
1. Impact to the buffer must be kept to less than five feet measured landward from the full pond elevation (760ft.msl)
2. The installation of rip-rap along the North side is hereby authorized, but impacts (e.g., grading / sloping) to the
buffer is not authorized, except for the removal of small shrubs along the water's edge.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
010_7f7f1_17AR /nhnnnl a1O_71A4_RA01A /favl hffn•/1h9n nnr afnfn nn na/nnwntlanria
Page 2 of 2
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 26.0243(5).
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Catawba riparian buffer protection rule as described within 15A NCAC 213 .0243. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Klimek, P.E.,
'Q, Director
Attachments: Certificate of Completion
GC 3373
Cc: Permits 4-U, attn: Wendy Ward, 12702 Sulgrave Dr., Huntersville, NC 28078
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
DWQ # 03-0884
Date: 8/11/2003
mch
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Len Bealer & Art Holleman *zalea Lot B
Project Number 03 0884
Recvd From APP
Received Date 7/16/03 Recvd By Legion
Project Type shoreline stabilization
County Catawba
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream ! Class Acres Feet
Type Type Impact Score Index i Prim. Supp. Basin Req. Req.
11-(75) WSIV B & CA 30,832. 0.01 238.71
FP 30 Waters 77- O N
F__ F
Buffers © Y ON I 30,832. 1 0.01
F__7 y ON F__F__(-f -F-1 -
Stream Impacts (ft.)
E E

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue # Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 35.6475 Longitude (ddmmss) 80.96416
Comments:
Staff visited the site on July 29th= The applicant requests approval for the use of riprap to stabilize
the shoreline on Lake Norman_ The end of the cove is located in the center of the lot. Along the
water's edge on the south sine of the cove, there has been some undercutting of the bank.
However- on the opposite side (north side), this is not the case.
Because of the undercutting of the hank on the south side of the cove some grading/sloping of the
hank is allowed to install rip. Impact to the buffer should be kept to less than five feet measured
landward from the 760 elevation. Along the north side riprapis allowed but impact (grading/sloping
of the bank) to the buffer is not necessary except for the removal of small shrubs along the water's
edge
cc: Regional Office
Central Office Page Number 1
Mitigation Wetland
401 Reviews
Subject: 401 Reviews
Date: Wed, 23 Jul 2003 14:26:42 -0400
From: Scott Carpenter <[e-mail]>
Organization: NC DENR DWQ
To: [e-mail]
CC: Steve Zoufaly <[e-mail]>
Hi Cyndi:
I have reviewed the following 401 applications:
030641 - no comments
J
030758 - Over time this family pond will actually improve the removal of
sediments due to runoff. No negative impacts to note.
030880 - no comments
030881, 030882, 030883, 030884 - These applications have different
applicants, but the same agent and appear to all be located side by
side. Photos taken from the lake toward the shore shows heavy vegetation
in front of all the properties, but the applications say there will be
little or no impact to the vegetation along the lake. I suggest a map
be provided for the entire stretch of affected lake, with the "actual"
impacts to the shore vegetation clearly shown.
030875 - no comment
030858 - no comment
030857 - no comment
030870 - no comment
030820 - no comment
030872 - no comment
030874 - no comment
Please call me if you have any questions. Thanks!
Scott
1 of 1 7/23/03 4:19 PM
Date:
To: ? ARO
? FRO
A MRO
? RRO Steve tchell /
From. 12171 TelePhone : (919) 73 3
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Triage Check List-03 o?S
Le/7 lge, Z?? ?
Project Name: ?1? d 3 y
DW?#:
Mike Parker ?
Ken Averitte ?
Alan Johnson ?
County: O+
WaRO Tom Steffens
WiRO Noelle Lutheran
WSRO Daryl Lamb
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
'nimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? l Are the stream and or wetland mitigation sites available and viable?
"'_?heck drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
f:nmmPntq:

r

DUKE POWER LAKE MANAGEMENT, EC12-Q
P. O. BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 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 SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE
TO DUKE POWER, TO ABOVE ADDRESS.
1. Applicant Informatio030884
A. Name Len Bealer - Art Holleman
B. Mailing Address 178 Ruby Rd -112 Breezeview
C. Telephone Mooresville, NC 28117 - Mooresville, NC 281
yarn rux>rI
ff WE-_ 12 M int
Location of Proposed Project
A. Lake Norman
B. Street Address Lot B
C. County Catawba
D. City, Town, Community or Landmark
Sherrills Ford
E. Section Lot # B Subdivision None
Hwy 150 w to Right on Sherrills Ford Rd Right on
F. Directions to property by road Molly's Backbone - right on Azalea Rd -Approx. 3
miles on right pass sharp curve
G. Latitude and longitude for the project site -80.96416 I 35.64175
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.mapsonus.com. Directions: Don't register, click "Maps", enter
address, draw map, select "Map Clicking Will...", select "Lat/Long", click map)
Ill. Description of Project
A. Length of wall 238.71'
B. Material Rip Rap
C. Distance from property line/shoreline Will follow existing shoreline
IV
Intended Use of Project Area
A. Private X
B. Commercial
V. Applicant Signature "-A 1 - U i ld AV A -,--I [AAA / Date (j
PLEASE NOTE THE FOLLOWING: I
• A COPY OF THE COMPLETE APPLICATION W ITH 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
JUL 1 6 701,
• 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
CI IRRAITTr=n %A/ITH THE /11\/ICIr1N nF \A/ATFR r)I IAI ITV APPI Ir`ATInN FFF Tn- Mr• I11VICl/)N nF WdTFA nIIAI ITV ATTFNTInN• M14M
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 Len Bealer - Art Holleman
Mailing Address 178 Ruby Rd
Mooresville, NC 28117
Telephone Number 704-662-6400
Fax Number
E-mail Address Wendy 4SalebyWendv.com
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 Wendy Ward
Company Affiliation Permits 4-U
Mailing Address 12702 Sulgrave Dr
Huntersville, NC 28078
Telephone Number 704-634-4135
Fax Number 704-948-6981
E-mail Address U ,n,,. .4 (2v ?nLo /?-,
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 Lake Norman
County Catawba Nearest Town
Sherrills Ford, NC
Subdivision name or site address (include phase/lot number): None
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): Hwy 150 w - right on Sherrills Ford Rd
Right on Molly's Backbone - right on Azalea Rd - approx. 3 miles on right pass
Sharp curve. Vacant lots
2. Describe the existing land use or condition of the site at the time of this application:
Wooded lot
3. Property size (acres): 1.2 acres
4. Nearest body of water (stream/river/sound/ocean/lake): Catawba River/Lake Norman
5. Describe the purpose of the proposed work: Stabilize shoreline
6. List the type of equipment to be used to construct the project:
Work will be done by barge/ small bobcat
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
the normal pool lake level in square feet or acres:
2' x 238.71'
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:
2' x 238.71'
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to
be impacted (number of trees for instance): Wooded - Only removing dead or fallen
Trees - Work will be done by barge. Minimal disturbance to shoreline
ilicant/Agent's Signature Date
ant's signature Is valid only if an authorization letter from the applicant is provided)
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 strictures 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.
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: Len K
Street Address (at lake):
Lake Name: Norman
Subdivision Name:
Property Section:
City: Sherrills Ford County: Catawba
State: NC Zip:
Telephone: [phone]
Type of Permit
Requested
"Circle":
Private Facility
Commercial Facility
Excavation
CStabil'
Conveyance
Miscellaneous Uses
Directions (from major road or highway): Hwy 150 West - Right on Sherrills Ford -
Right on Molly's Backbone Right on Azalea - Approximately 3 miles on right crass
sharp curve
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
Wooded lot
Lot # B
*]Vote: Please use the back of this form, if desired, to draw us a map to the site.
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Jul 1,4 03 12:36p Len Dealer
704 602-G401 p.2
?- Xemet ReJer Homes
Building and Remodeling Lake Norman's Finest Hines
Gearrrif Contrartirrb • Residenliul llesign
Weiidy Ward is an authorized Agent of Kenneth Bealer Moines Inc. in regards to the
Azalia Property containing Lots A, B, C. She will attain all the necessary shoreline,
dredge, and pier permits for Kenneth Bealer Homes Inc.
Kate Bealer Cox
Kenneth Bealer Cox
PO Box 3398 • Mooresville, NC 28117
704.66-7.6400 • 704.662.6401 fax • 704.363.8900 mobile • NEX4 2406
Mr-NIVC in DCALCR I'7VIVICJ, IIYI..
NC DENR
220 Permits
ncdenr-stabilization permit
030884
?E
3/18/2003
*/4M`"' DWI"
JUL 1 R 2003
M7ERQijV 1 l
5065
200.00
RRaT ChPrkino Stabilization Ann-Lot B Azalea 200.00