20020467 Ver 1_COMPLETE FILE_20020327

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
April 10, 2002
Iredell County
DWQ Project #: 02-0467
APPROVAL OF 401Quality Certification with
ADDITIONAL CONDITIONS and Catawba River Buffer Rules
Vincent Cherry
214 Baymont Drive
Statesville, NC 28625
Dear Mr. Cherry:
You have our approval, in accordance with the attached conditions, to place fill at Gray Rock
Shores Subdivision, Lot=` 27in .05 acres of wetlands or waters for the purpose of shoreline stabilization
as you described in your application dated March 27, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3376, which may be
viewed on our website at http://h2o.enr.state. nc. us/ncwetlands. This certification allows you to use
General Permit Number 30 when the Corps of Engineers issues it. This approval is also valid for the
Catawba River buffer rules (15A NCAC 2B .0243). 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. 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
except as modified below. 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. 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) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream
buffers:
2. No trees shall he removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project: y
&1R.
ZM
NCDEN4R
N C. Division of Water Quality, 401 W&Jands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27e,: = 2260 (Location)
[phone] (phone), 919-733-689- 'tax), (httpJ/h2o.enr.state.nc.us/ricwetlands
3, This project is for the installation of a bulkhead to prevent further erosion of the property due
to wave action. The use of mechanir-nl equipment on the beach mint he minimized;
4. Equipment and materials may b?; of oaded to the beach t'Ile bulkhead site, but steps must be
taken to keep all equipment out of the reservoir;
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules:
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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 John Dorney at 919-733-1786 or Pete Colwell
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
Attachments
i
gtSry J. horpe, h.
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
William Thomas, Maritime Builders
704-328-8299 P.01
Apr-02-02 09:07A MARITIME BUILDERS
FAX COVER SHEET

FROM:
MARITIME BUILDERS
ATTN: Todd StJohn
Re: Vince Cherry shoreline
application Iredell County
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Apr-02-02 09:07A MARITIME BUILDERS 704-328-8299 P.02
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699.1650
Dear Sirs,
This letter is in regard to verification of William Thomas (Maritime Builders) as agent to obtaining my
permit. He is hereby authorized to function as my representative in these matters.
Sincerely, ---??
Vincent T. Cherry
214 Baymount Dr.
Statesville, NC 28625
3-2-02
Q46"t
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
MAR z?r
ll?ttry SECrror
Mailing Address:y?.if/,.l1KM?,e1
. X.rf, `lam-Eli, ,,...01/c ,Asma?ir''
Telephone Num
E-mail Address:
Fax Number:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has sig_Wory authority for tV owner/applicant
Company Affiliation:
Mailing Address:_
Telephone Number:
E-mail Address:
Number:
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
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.
1. Location
County: ` Nearest Town: /t
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existi land use or condition of the site at the time of this
application: ?lfi y'/?ls LdT
3. Property size (acres): &0"
4. Nearest body of water (stream/river/sound/ocean/lake): 24 ?A/Y
5. Describe the purpose of the proposed work:
j?/l. ,??d?/??E
6. List the type of equipment to be used to construct the project:
7. Amount of impact (including all excavation, backfill, rip rap, re aining wails, 4000
etc.) below the normal pool lake level in square feet or acres: r •:
9-
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: '4?ov -.5 b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): 125ie ?_ZZ&!W ?t/d,?r?!?

Wpplicant/Agent's Signature Date
(Agent's signature is valid onl athorization letter from the applicant is provided.)
Lake (Full Pond)
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Please approxinatMy sketch the follow6v information at this plan
(pbm provide dinensbns for each item, such as 10 ft. x 1so f):
1) AM proposed vegetation ebarinp (provide dimensions) - No o" des
2) Location of rip rap or fill to be pieced above the FuM Pond elevation
3) Location of rip rap or flat to be placed below the Fri Pond elevation
4) The location of arty proposed structures such as buildings, rstoft
trade, docks, etc.
6) The location of any excavation or dredgfg below Ow Fuel Pond
elevation.
d) Location of construction access corridors.
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Tax Lot No.
Vertlsd by ....
Parcel Identifier No. 0-
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Mail attar recording to .. _............. ....
/This Instrument was prepared by .. ? '"!s' 6 Canaon f P L.L C , Atto nags . At ..Lev
......
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
TEM DIMy made this . 9.7th ... day of ......... MarOb_ ............. 2001 .. by and between
GRAN",
DONALD E. THOMSON and ELIZABETH A. THOMPSON
TRUSTEES OF TILE THMSON FAMILY REVOCABLE
LIVING TRUST U/A 12/1/95
GRANTEE
VINCENT T. CHERRY. JR. and wife,
JANE R. CHERRY
.?/* &V moon t 174.
S4M4a Vf Ile, Ne, d?p,6.75
satin to apprsFlab iteek for asd party: near. aaersas, a". M apprrpriate, ebs"Wler of aaWy, e.4, wpomu to ee
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns. and
shad Include singular. plural, muealias, feminine or neuter as required by etelext.
WITNXU Z'TN, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged. ksr had by these presents does Brant, bargain, sell and convey unto the Grantee in too simple. all that
certain lot or parcel of land situated in the City of ... Fallatown Township,
rpdel1 County, North Carolina and more particularly described as follows:
BEING ALL OF LOT 140. TWEM-SIVEU (27) OF GRAY R= SROALS SUBDIVISION as platted, planned
and recorded in Plat book 23, Pages 129 and 129A, Iredell County ReSiatry.
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DWQ Project No.: 042 `07 County:
Applicant: IJIA"tJ T" C431CR-91
Project Name:
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L 4,ZC A1,9dA"4,,JJ Al. C
Date of Issuance of 401 Water Quality Certification: /V/-t/1- to . Zoaz-
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 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' Certification
1, 1 G
used in the observation
compliance and intent of,
other supporting
Signature:
Agent's Cerh
Date: .5-//?
1, , 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 be 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 Certified Professional
Date:
I, , 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 be 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. (?? U 3
Y hereby state that, to the best of my abilities, due care and diligence was
the construction such that the construction was observed to be built within substantial
401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
N ENR
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands