20011104 Ver 1_COMPLETE FILE_20010719

OF uvnr?? iwicnaei r. rasiey, governor
`0? QG William G. Ross Jr., Secretary
T, North Carolina Department of Environment and Natural Resources
> Gregory J. Thorpe, Ph.D.
4 N, Acting Director
Division of Water Quality
August 6, 2001
Mecklenburg County
DWQ Project # 011104
APPROVAL of 401 Water Quality Certification
Mr. Warren Klugman
16115 Whitesail Drive
Charlotte, NC 28278
Dear Mr. Klugman:
You have our approval, in accordance with the attached conditions, to place fill material in 240 square feet of waters for the
purpose of stabilizing a shoreline at your lot, as you described in your application dated July 9, 2001 and revised July 27, 2001.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3280.
This Certification allows you to use Regional General Permit Number 030 when the Corps of Engineers issues it. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 or CAMA 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 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. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to
be valid, you must follow the conditions listed in the attached certification. This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification.
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 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.
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 Todd St John at 919-733-9584 or Pete Colwell at our Mooresville Regional Office at 704-663-1699.
Sincerely,
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
?-l
r g Thorpe, P :D
KrMENR
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748
.I,
Warren J. Klugman
16115 Whitesail Drive
Charlotte, NC 28278
Friday, July 27, 2001
Mr. John Dorney
NC DENR DIVISION OF WATER QUALITY
WETLANDS/401 UNIT
1621 MAIL SERVICE CENTER
RALEIGH, NC 27699-1621
Dear Mr. Dorney
0
Thank you for your prompt response to my application for shoreline stabilization for my
property at 16115 Whitesail Drive.
It is my intention to bring the necessary quantity of rip rap to my property by water via a
barge. As a result of this measure there will be no impact on the existing buffers.
The proposal would consist of adding rip rap for a distance of 60 linear feet by 4 foot
high. The stabilizing rock will be placed against a natural wall of sand stone, which is
presently eroding at a very rapid rate. In fact, I have lost four (4) trees along with a
significant amount of earth to this erosion process within the last 90 days.
Attached is an elementary sketch of that which I am proposing.
Thank you for your consideration.

1
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17 ?
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F WATF
?O?O ?pG Michael F. Easley
Governor
7 William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
NAW
Division of Water Quality
CO
July 20, 2001
Mecklenburg County
DWQ Project No. 01-1104
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Warren J. Klugman
16115 Whitesail Drive
Charlotte, NC, 28278
Dear Mr. Klugman:
On July 19, 2001, the NC Division of Water Quality (DVJQ) received your application for a 401 Water Quality
Certification for shoreline stabilization on your property in Mecklenburg County. Please note that the Catawba River buffer
rules became effective on June 30, 2001. Shoreline stabilization is classified as an "allowable" use within the rules.
"Allowable" uses require written authorization from the Division of Water Quality (DWQ) prior to construction. We are
concerned that construction of the shoreline stabilization measures proposed in your application will result in excessive
impact to the protected buffers. Please provide details on how you plan to install these shoreline stabilization measures,
what measures you will take to minimize impact to the buffers and then how and when you plan to replant the unavoidably
impacted portions of these buffers.
Also, please provide a site plan showing the dimensions of the proposed work, including the waterward extend of rip-
rap placement and length of shoreline impacted.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions regarding the Catawba River Buffer Rules in relation to your
project, please contact Bob Zarzecki at [phone] or Pete Colwell in our Mooresville Regional Office at 704-663-1699.
A Sincerely,
f hn Do le y
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Bob Zarzecki
File Copy
Central Files
011104
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
p `C Kerr T. Stevens
Division of Water Quality
July 20, 2001
Mecklenburg County
DWQ Project No. 01-1104
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Warren J. Klugman
16115 Whitesail Drive
Charlotte, NC, 28278
Dear Mr. Klugman:
On July 19, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification for shoreline stabilization on your property in Mecklenburg County. Please note that the Catawba River buffer
rules became effective on June 30, 2001. Shoreline stabilization is classified as an "allowable" use within the rules.
"Allowable" uses require written authorization from the Division of Water Quality (DWQ) prior to construction. We are
concerned that construction of the shoreline stabilization measures proposed in your application will result in excessive
impact to the protected buffers. Please provide details on how you plan to install these shoreline stabilization measures,
what measures you will take to minimize impact to the.buffers and then how and when you plan to replant the unavoidably
impacted portions of these buffers.
Also, please provide a site plan showing the dimensions of the proposed work, including the waterward extend of rip-
rap placement and length of shoreline impacted.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions regarding the Catawba River Buffer Rules in relation to your
project, please contact Bob Zarzecki at [phone] or Pete Colwell in our Mooresville Regional Office at 704-663-1699.
A Sincerely,
fDon ey
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Bob Zarzecki
File Copy
Central Files
011104
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
n+n 700 4700 M.......\ n4n 700 aono /f....\ L.N..•/IL.n .......................b........N.._. _/
", 1 1 _,
01 ? 104
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUEST
401 ISSUED
The Klu&6h's
16115 Whitesail Drive
Charlotte, NC 28278
CD (PROVIDE NATIONWIDE PERMIT 10 -
. PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7)
COPIES MUST Il SENT TO THE NC DIVISION Or WATER QUALITY,
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME:
HAW
2. MAILING ADDRESS: 1(0115 0 6-176
SUBDIVISION NAME IsV uG-sr PoI W
CITY: STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER: (HOME) _ (WORK) _
H C 4. IF APPLICABLE.: AGENTS NAME OR. RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
l ?! PHONE NUMBER:
1_j
Q C-D
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS `T'OPOGRAPHIC MAP
OR. AERIAL PHOTOGRAPHY WITH SCALE I:_
COUNTY: -.NEAREST TOWN:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.)
6. TMPACTD OR NEAREST STREAM/RIVER: / RIVER BASIN: - Z_N46 IN` w (-
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL, SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [] NO ® IF YES, EXPLAIN: ` .
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES E] NO
(c) €1,THE PROJECT IS LOCATED WITHIN A COASTAL, COUNTY (SEE PAGE 7 I-OR. LIST OF
COASTAL COUNTIES), WItAT IS T14E LAND USE PLAN (LUP) DESIGNATION?

8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES Q: NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _„y„
(b) ARE. ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES Q NO ?q IF YES, DESCRIBE ANTICIPATED WORK- -.
9_ (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: -21 3 -]Z.©
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITIj: /!t m D
??,?tr 'ri't??a5
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER : /,,??
DRAINAGE : - TOTAL ACRES TO BE IMPACTED: __,_, t// 00 D l?t'i°Y4eevl vtt *1"1 )
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 60 IT AFTER: b0 FT
WIDTH BEFORE(based on normal high water contours): 1 FT
AVERAGE DEPTH. BEFORE:. 3 FT AFTER:,.,, FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN C14ANNE-L RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:. CONSTRUCTION OF A DAM/FLOODING:
OTHER: '-< gL4ke C-m mX
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS TI-16 SIZE OF T14E WATERSHED f
DRAINING TO THE POND? ^ WHAT IS THE EXPECTED POND SURFACE AREA? _ t
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 8112 BY I I DRAWINGS ONLY)
13. PURPOSE OF PROPOSED WORK: TO ?Q?L?,1 5C t t?S?sty pte` C'Ct??
t.-14; to jYl-t C " 540"44 vc-
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUTIN
WETLANDS (INCLUDE ANY MEASUITS TAKEN TO MINIMIZE WETLAND IMPACTS)
5 t or l !" t c I.J ?C V Q tUUtt"? L-u4l<a
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY TIDE PROPOSED PROJECT.
DATE CONTACTED: H I N
16. YOU ARE REQUIRED TO CONTACT TI{E STATE HISTORIC PRESERVATION OFFICER
(S[JPO) REGARDING THE PRESENCE OF HISTORIC PROPERT113,S IN Tllr PERMIT AREA
WIIlC1i MAY BE AFFECTED BY T1413 PROPOSED PROJECT. DATE CONTACTED
-. 6

17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES [? NO o (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION.OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMEN'T'AL POLICY ACT? YES Q NO ?
(b) IF YES, HAS. THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES n NO E]
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE, DOCUMENTATION FROM THE STATE
CLEARINGHOUSI WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
I8. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: rA I ?
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE- PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? ____
(I) IF APPLICABLE, W14AT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
SIGNET) AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF T14E US MAY NOT BE IMPACTED PRIOR TO:
I . ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTI-I
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSI I, THE NORTH CAROLINA COASTAL MANAGEMEN'T'
PROGRAM, G - CJ? J ?U J
OWNER`S1AGI-.NT"S SIGNATUR t?+'i i ttJ (t 017 J. Kc u4,mw
(AGENT'S SIGNATURE VALIT
IF AUTHORIZATION LETTER
TRIG OWNER IS PROVIDED).
Page 1 of 1
:..
M, "
16115 Whitesail Dr
Charlottes NC 28278-8811
bttp://www.3na.pbl.ast.cony/niyblastImPrint.m.b?CT=35.102048%3A-81..030553%3A20000& 04/19/2001
(Icon Latitude: 35.102048, Longitude: -81,030563]