20020476 Ver 1_COMPLETE FILE_20020328

\o?0F W A rf9, Michael F. Easley, r
William G. Ross Jr., L
y North Carolina Department of Environment and Natural Res.
> Gregory J. Thorpe, Pi
O Acting Directu
Division of Water Quality
'#, Apri 110, 2002
Gaston County
DWQ Project #: 02-0476
APPROVAL OF 401Quality Certification with
ADDITIONAL CONDITIONS and Catawba River Buffer Rules
Bemis L. Martin, Jr. & Rosemary H. Martin
202 Prince Street, Pat. 24
Belmont, NC 28012
Dear Mr. & Ms. Martin:
You have our approval, in accordance with the attached conditions, to place riprap along the
shoreline at Lot 12, Harbortowne Subdivision in .09 acres of wetlands or waters for the purpose of
shoreline stabilization as you described in your application dated March 28, 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 CANIA 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 "hen the
corresponding Natiom ide Permit expires or as othenvise 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 be removed from Zone 1 of the Cata%kba 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:
N. C. Division of Water Quality, 401 Wettands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27%04-2260 (Location)
[phone] (phone), 919-733-6893 ;fax), (ht,,p:/M2o.enr.state nc.us/ncwetlan7s
NCDENR

3. This project is for the installation of a bulkhead to prevent further erosion of the property due
to wave action. The use of mechanical equipment on the beach must be minimized-,
4. Equipment and materials may be offloaded to the beac`, at r,ic bulkhead site, b...z-steps must he
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 Domey at 919-733-1786 or Pete Colwell
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
r ory J. orpe,Ph.
i
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files

), r,Z. t, C / kJ The following is an abbreviated application form for those applying for a 401 Wat?
1. Owner/Applicant Information
Name:
Mailing Address: 1 ??C' i ^ e
Quality Certification to impact FERC (Federal Energy Regulatory Commissio)? i;` `'
tgulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
30. 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
2
Telephone Numl
E-mail Address:
MAR f, 200?
Fax Number: ' -)
n vac 'JG'/ S'Z? •7t;_!
X,
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: 1_
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
11. 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
Fax Number:
Y _ 1_ZJ

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 J
County: C^'4 5?O Nearest Town: l y?q?n? 'v&
Subdivision name or site address (include phase/lot number): Lpf ?L A di, e- v,Jnl e,
Directions to site please include road numbers, landmarks, etc This is not /
nec ssary if n adequate vi inity map is incl ed): H N a2 4,273 ;,Yi)
t T 1 ? -CrJ f J ? i YJ
Iyl<n ??tr U't a Le
J
2. Describe the eXisstting land use or conditio j of the ?ite at the time of t iii
application: JIr,V ???1,??C I(?Esrc(Pri?C? Chr? ?',?T/?, ??itNr,(
- 11 3. Property size (acres): fKoX ? L ?
4. Nearest body of water (stream/river/sound/ocean/lake): 04A LV4
5. Describe the p rpose of the proposec
-tom -TiA1) ,1, " -,? r,
6. List the type of eq ipment to be used toonstruct the pro. t: LM/
r: h? l re K14MIOVA- ?T Slhmros
DUI%w.f i n% a Ip'Mr-tht Stoner . -
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool l ke level in square feet or acres:
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) 1
Z'000 6q. t,e-
b. Please describe vegetation above the normal pool 14e level and 50 feet land- //
ward to a impacted (numb otre s for instance): b?r+os a,-J #QPJK o-) S?oIt int In 11

Applicant/Agent's Signatur i
(Agent's signature is valid o ly if an
Date
letter from the applicant is provided.)
6
.,; 5M
'? Kr .,YS C c+t ?fi»r EksFy
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a ?

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k?Q n nx? tel. 33

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Please approximately sketch the fopowing 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 Fuk Pond elevation
3) Location of rip rap or fill to be placed below the Fug 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.
B) Location of construction access corridors.
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VICINITY MAP
(NO SCALE)
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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
January 25, 2002
Mr. Bernis Martin
6909 Rock Dove Court
Charlotte, North Carolina 28277
SUBJECT: Notice of Violation
Catawba Riparian Buffer Rules
Lot 12 Harbortowne Subdivision
Gaston County, NC
Dear Mr. Martin:
This'office has received your response to the Notice of Violation for removing the
riparian buffer on Lot 12 Harbortowne Subdivision in Gaston County, NC. Your response
indicates that you will replant Zone 1 of the buffer with trees and stabilize the area with mulch
after the shoreline stabilization project is complete.
Please be advised that the placement of rip rap or other stabilization measures placed
within waters of the State typically requires authorization from the Division of Water Quality,
the US Army Corps of Engineers, as well as Duke Power on Lake Wylie. This office accepts
your proposal to restore Zone 1 of the buffer and requests that you provide a reasonable time
frame by which the work will be completed.
If you have any questions, please contact Mr. Pete Colwell or me at the Mooresville
Regional Office, [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Cc: John Dorney, DWQ
F?

February 11, 2002
Mr. D. Rex Gleason, P.E.
Water Quality Regional Supervisor
North Carolina Dept. of Environment and Natural Resources
Mooresville Regional Office
919 North Main Office
Mooresville, NC 28115
Re: CM 9 7099 3400 0001 7633 8952
Notice of Violation
Catawba Riparian Buffer Rules
Lot 12 Harbortown Subdivision
Gaston County, NC
Dear Mr. Gleason,
Thank you for your recent letter and phone call from Mr. Colwell.
I must say it was quite a shock.
I was not aware of any riparian buffer rule.
I had heard sonic counties had enacted some restrictions but I did not know
Gaston County had any.
I purchased my lot from an individual, not a realtor and I had never heard of this
rule.
I am sorry for any violation and anxious to resolve this per your instructions and
approval.
I have not disturbed the soil or slope of the zone I area.
The existing shoreline homes in our sub-division all have grass very close to the water's
edge. Our plan was and is to keep a natural buffer in the zone I area.
I have contracted Green Earth Landscape and Design to assist in a plan for your approval.
Be assured I am very sensitive to the long-term health of the river. This is where I plan to
live.
It is my understanding that with your permission I can remove trees, stumps, and
roots within approximately 5 feet of the shoreline so I can prep and install rip-raff rock to
prevent further erosion. Please advise.
S';
Once that is complete I would like to plant trees back in the zone I area to keep it
in a natural state.
I wish to use a variety of indigenous trees (as shorn in Green Earth's proposal).
This would provide good mulching through leaf shedding, and a stable root
system to help control erosion.
Long-term (not shown in the drawing), I would like to intermediately include a
variety of smaller plantings such as forsythia, abelia, and butterfly bushe.
These plants are compatible to soil, climate, etc. and require only a minimal
amount of organic / natural fertilizing.
After this stage I would like pennission to install a natural around-cover such as
periwinkle to further protect from erosion and add additional habitat for wild-life while
adding texture to the landscape.
Please review my plan and tell me if this meets your requirements or specifically
what you would have us do.
I respectfully await your call or letter.
Sinc rely.
Bennis L. Martin. Jr.
6909 Rock Dove Court
Charlotte. NC 28277
Day / work # [phone]
Evenings / home 9 [phone]

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DUKE POWER LAKE MANAGEMENT, EC12-Q
PO BOX 1006
CHARLOTTE, NC 28201-10(?11
i 704-332-1.567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN N(
MAR28Z0
I;ErLAWns cf_,0U,,
)RTH CARCj)r'LIIY SrCT!'
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.
L Applicant Information
Roo)1 ?, 4", n
A. Name ll 1
v e- B. q
Mailing Address
? I?ay I ti?;?:`k `lu ? ? Z3 3Yzy
C. Telephone:
??'ni» wnt cy ??? Zc>> `1
IL Location of Proposed Project
A. Lake
B. Street Address n `? I h C rt U i V
C. County -l_ ^ r?
D. City, town, co unity or landmark 1 ' ?hIC rlt / i
E. Section Lot r Sttl 'vision ;; % '
F. DirectionsI t prriy by read
? N
G. Latitude and longitude for the project site _ - 0 =?s 9g Is &Z
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) shoNNing t-.-_
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonucs.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 J "
B. Material -a /ti; e .
C. Distance from props y lineishoreline A o,(i e S dQC /3n?
IV. Intended Use of Project Area
A.) Private
B. Commercial
//-y
Applicant Signature `C/L ?'Y??? Y k'L k to v / Y ?y
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF'I'1?E PROP--c
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 NORM
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALI'T'Y PRE,-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WFI'H THE DIVISION OF WA'i
QUALITY" APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
A7- EN77ON: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABIREE 13L VD.
RALEIGH, NC 271-04
919-733-1786 _t_
4
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VICINITY MAP
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Plot not Int!nded for recording In Plat enok.
1"I I t. TO EIP CpH OW 13, 50,
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licsnrtI+; lehilch nt?p NOIlloot ben
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halt I+ ORNER
cl+melmtces, easenlenls, ripple-nl-teHNs. or
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BOUNDARY SURVEY of I OT 12 HARLnCOUNTY
SOUTHPOINT TWP OAS TON COUNTY NORTH CAROLINA
FOR Bernis Lee Martin and Rosemar Fle_!in Martin scALE _ 1' = 40, DATE 9/19/200
PLAT BOOK PAGE _
DEED ROOK PAGE
33 17? - --
I, Kock V. Or4ke, cattily that this wp rat drawn under oy supervision from
an actual fancy wda under ory suponlslon, deed description and ratio of
precision calculated by latitude and departure , thown and Rand that that
Ma rd
map was prepared In accordance with Sect. 1600 of the
Ultnetf NY had and Seal
/ "? r //• V
2 V. Orals.
212.0 W. Second Are.
941tonI&, North Carolina 28052 scale
[phone]
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furor of clo Ire far recorded deed/plat r _._
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LEGEND
---- property line - Pt
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-- -- - Unsurveyed Line
-- center Line - C/L
Right-of-Nay - P/w
--- Water tourao
Sewer line
Water line
-- y -- Electrical tin-
O [M Concrete w,l,ument
• EIP E,Isling Iron ran round
NIP New Iron Pin Set
IP Iran not eel or round
rC roans oI carve
051 Overhead Se,vlce Line
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"CIS llndergrnunA So,vlre Line
MI Manhole
Page R par. j10-11.11
Page 8Q -
Calclllated _ TAM_
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Motet
No tncroachsents
1 Encroachmenlt at shown
>< This U to carttff that the tubJtct pfopatf
l 1 It lX 1 It not ( )hat not dean "Will
vlthin a spacial flood Retard Area Accerding
to flood Insurance Fate Map linaunlt Penal
Reber , in' tfPan
Data
(i ) location of underground Irntaliatlens Including
but not IId had to water, sooner ii pos. paver, phone
and cable Ilnast StOtlC tank it pram flood; full
storage tanks not known unlit' I" on recorded
plat . In deed or open and obvl t to surveyor on
property furvtyld. No e,+crolc t 111teee0t IS
91,on or IaVlled unlan location Is ahowr on this plat.
(.J) 0wner/04volover responsible for sretl" all
building and toning restrictions
House spotted as par bulidtr
(f Scanty beta on OR" offset trayme
x Jo,ter i? tl le evil teno?rtune?? caper phrlicel esiear
Acreage l+y OM Method
1 DPAInAGE 1 UTILITY t$M'IS
ron all Interior lot 1 1,,1
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each side c11 creek
ts
(K 1 3nlfront ssineet
Side Strait
lo' side Property line
/O Dear property line
each
l x 1 di of to 40' State Road A/H (30'
( ?) May be subject to recordtdo'r? unrecorded
right-of-wayl. aasewntt,
not observed
(? 1 National Geodetic eflound within horizontal
Control
I ,(1 Mr structure or object sAowfl without
VICINITY MAP
(NO SCALE)
March 26, 2002
NC Division of Water Quality
Attn: John Domey
Parkview Blding., 2321 Crabtree v
d'
Raleigh, NC 27604
Dear Sir / Madam
Please accept this application to stabilize shoreline in North Carolina.
Thank you for your assistance.
Sincerely,
MAR 2 8 2002
Bemis L. Martin"` C:?:-ri,aruu GRCiU'._ .''
Pager # 704.523.3424 ??(?ttI1L?TY SICTi?"
Evening # 704.825.2029