20020538 Ver 1_COMPLETE FILE_20020408

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0 liio?owmlwaw `C
Alan W. Klimek, P.E. Director
Division of Water Quality
April 14, 2005
Ms. Linda Hendrick
3237 Seven Eagles Dr.
Charlotte, NC 28210
Subject: Buffer Impact, LeGrand Dr.
Catawba County
ag@P.M11
APR T 9 2005
DENR - WATER QUALITY
WETLANDS AND STOWWATER 9RWH
Dear Ms. Hendrick:
On April 8, 2002 the Division of Water Quality received your application for a 401 Water Quality
Certification for a shoreline stabilization project at the subject site. Following an inspection of the site, a
Notice of Violation (NOV) was issued on April 25, 2002 for impacts to Zone 1 of the Catawba Riparian
Buffer.
Mr. Jimmy Johnson (project manager) was contacted by this office regarding the buffer violation.
On May 3, 2002, his response to the NOV was received along with a restoration plan for Zone 1. It was
indicated that Mr. Johnson did not want to begin work on the buffer restoration until approval had been
received for the requested shoreline stabilization project (seawall) since the area would be disrupted
during construction of the wall.
On July 2, 2002 a 401 Water Quality Certification was issued for the shoreline stabilization project
following a review of the proposed restoration plan. One April 5, 2005, while conducting an investigation
of another site in the area, Mr. Alan Johnson of this office observed that the proposed restoration plan
has not been implemented.
Be advised that work must begin immediately on the restoration plan or enforcement action will be
initiated, to include possible fines for the noted violations. It is requested that a written explanation for
failure to complete the restoration plan and a timetable for completion of the restoration be submitted to
this office by April 30, 2005. Please address your response to the attention of Mr. Johnson.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at
704-663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Duke Power lake Management
Wetlands Unit- Cyndi Karoly
Central Files
tw Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Internet h2o.enr.state.nc.us
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Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
July 2, 2002
Ms. Linda Myrick Hendrick
c/o: Mr. Jimmy Johnson, Director of Special Projects
4400 Papa Joe Hendrick Blvd.
Charlotte, NC 28262
DWQ Project No. 020538, 020539 & 020540
Catawba County
Page 1 of 2
Subject Properties: Hendrick Properties, Lot 253, 96 & 97, Legrand Dr., Sherrills Ford, NC
Lake Norman [03-08-32; 11-(75); WS-IV (Water Supply) B & CA (Critical Area)]
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Dear Ms. Hendrick:
You have our approval, in accordance with the attached conditions and those listed below, to impact approximately
661 feet of lake shoreline and 1,322 ft2 (0.03 acres) of waters to install the proposed river rock shoreline stabilization at
the subject properties as described within your application and additional information provided by Mr. Jimmy Johnson
dated June 17, 2002. After reviewing your application, we have determined that the water impacts are covered by the
Division of Water Quality (DWQ) General Water Quality Certification Number 3373. This Certification allows you to use
the Regional Permit No. 198200030 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 as required under the Catawba
River Buffer Protection Rules (15A NCAC 213.0243). In addition, you should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not limited to) water supply
regulations and Catawba Buffer Rules (15A NCAC 213 .0243). 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 and additional information
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 is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland, 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 DWQ General Water Quality Certification No. 3373, Catawba Buffer Rule and any additional
conditions listed below.
Conditions:
1. No impacts (e.g., tree removal, grading, fill, etc.) shall occur to Zone 1 except for exempt activities and those directly
required for the installation of the river rock and replanting of vegetation as described within your application.
2. 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 2B .0243(5). No direct piping of
stormwater runoff to the lake is allowed.
3. Grading (i.e., "slope and shape") of the shoreline within the approved impact areas shall be minimized to the greatest
extent practicable. Specifically, the middle lot appears to already have a gentle slope. Therefore, the DWQ does not
see the need for grading along this section of the shoreline. Installation of the "matting and River Rock" is approved
for this area. However, no grading shall occur within this area unless specifically approved by the DWQ. Additional
grading as described within your application may occur along the steeper shorelines associated with the outer two
properties.
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
hendrick property "
Subject: hendrick property
Date: Mon, 17 Jun 2002 11:16:44 -0400
From: Alan Johnson <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: [e-mail]
project: 02-0538 (?), LeGrand Dr.
Jimmy Johnson has submitted a new landscape plan. Red maples, oak
trees, and red buds have been added. He has decided to go with river
rock and drop the alan block wall. He still wants to rip rap the whole
shore line. Given that the three lots are treated like one piece of
property, in my opinion I would allow it to be done. Just stipulate
that the middle lot have mimimal if any grading. I informed him that
mulch should be put down until the landscaping is ready.
My thoughts
Alan
Alan Johnson - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Alan Johnson <[e-mail]>
%TITLE%
NC DENR - Mooresville
Div. of Water Quality
1 of 1 7/1/02 2:01 PA
June 17, 2002` J
JUN
North Carolina Division of Water Quality 9
1650 Mail Service -
Raleigh, North Carolina r 27699-1650 WAE?"'{ 1~rv? UP_
DWQ Project no. 020538,020539 & 020540
Attn: Mr. Bob Zarzecki
Dear Mr. Zarzecki:
Mr. Alan Johnson, Mooresville DWQ, suggested I write to you enclosing the following:
1. A letter stating how we were going to build the river rock seawall.
a. Enclosed is a letter from CBC Custom Shorelines, Inc. outlining
exactly the process they plan for river rock seawall installation.
2. A letter from the landscaper stating what they were going to do to renew the
riparian area.
b. Enclosed is a revised diagram showing the plants and ground cover
planned for the area. Also, a note from Jim Poplin, owner of
Nightscapes Landscape Lighting and Design, suggesting we wait until
Fall to plant trees and bushes.
We hope this will satisfy your needs to grant us the necessary permit to start the shoreline
stabilization.
If any further information is needed, please contact me at 704 455-0300 (office) or
704 236-0806 (cell)
Thanking you in advance,
Sinc rely yours,
7
Ji Y JO s for Linda Hendrick
JJ.
JINN-12-2002 06:27 PM P.02
CBC
CUSTOM SHORELINES, INC.
628 Oakridge Farm Highway
Mooresville, NC 7.8115
Phone [phone] Feix 704-66D-591,9
C bc1ie8waallsQ ag1,?;gm
June 12,2002
Jimmy Johnson
C/O Hendrick Motorsports
4400 Papa Joe Hendrick Blvd.
Charlotte, NC 28262
704-455-0300 Office
704-236-0806 Cell
704-455-0397 Fax
RE: Lot 97 Legrand Drive
Dear Sir,
This letter is in reference to the installation of River Rock on the shoreline of Lot 97
Legrand Drive. We, plan to use the existing Boat Ramp to move the River Rock from
the road to the shore. We will slope and shape the shoreline, install matting and River
Rock with a compacted finish and heavy border. This work will be done from the
water.
The work will start within 5 days of the approval. If you have any questions please
reel free to call our Office [phone].
Thank You,
CBC
CIS/bw
NIGHTSCAPES
Landscape Lighting & Design
June 13, 2002
MEMO TO: Mr. Alan Johnson
Division of Water Quality, Mooresville, NC
FROM: Jim Poplin
Nightscapes, Inc.
RE : Property of Mr. Rick Hendrick
Dear Mr. Johnson,
Hello, in reference to the property owned by W. Hendrick 1 was made aware that you
wished for the plant materials to be installed very soon. However, with over 25 years in the
landscape industry, it would be my recommendation that the planting be postponed. This being
due to the fact that we are fast approaching the hottest temperatures of the year and it would be
unwise to install plant material at this time. The conditions simply don't allow for good root-
hold as the plants struggle to stay alive in such heat.
I would advise that the plant materials be installed in late September into early October
to give the plants the best chance for growth. This would also prove more cost-effective due to
the fact that we rarely lose plants installed in this time-frame.
However, you can be assured that we will install a 30 ft. buffer area with pine straw or
hard wood mulch as soon as possible. Please call me with any questions to discuss @ (704)
309-8040. Thanks!
C: file
R. Hendrick
J. Johnson
JJP/wr
114-E Old Statesville Rd • Huntersville, NC 28078.704/875-8785
NIGHTSCAPES
Landscape Lighting & Design
RECEIVED
June 13, 2002
INIENIO TO: Mr. Alan Johnson
Division of '%,'ater Quality. Mooresville, NC
FROM: Jim Poplin
Nightscapes, Inc.
RE: Property of Mr. Rick Hendrick
Dear Mr. Johnson.
JUN 1 4 2002
NC PEPT OF Etsuta Ewrr
AND DATt; RM. RESOMMS
k1 ESKILLE R£ttif7lEAL OMCE
Hello., in reference to the property owned by VIr. Hendrick 1 was made aware that you
wished for the plant materials to be installed very soon. However, with over 25 vears in the
landscape industry. it would be my recommendation that the planting be postponed. This being
due to the fact that we are fast approaching the hottest temperatures of the year and it would be
unwise to install plant material at this time. The conditions simply don't allow for good-root-
hold as the plants struggle to stay alive in such heat.
I would advise that the plant materials be installed in late September into early October
to give the plants the best chance for growth. This would also prove more cost-effective due to
the fact that we rarely lose plants installed in this time-frame.
However, you can be assured that we will install a 30 ft. buffer area with pine straw or
hard wood mulch as soon as possible. Please call me with any questions to discuss C (704)
309-8040. Thanks!
C: file
R. Hendrick
J. Johnson m
JJP/w-r 7 . ? O P! g
C K ?.....
1
x
w?u? aro
- r U?'t?NSECr?0r
11 4-S Old Statesville Rd • Huntersville, NC 28078 •704187 Ur
lip,
1L-Luur_
?u'?-' ••
CBC
CUSTOM SHORELINES, INC.
RECEIVED
JUN ? 4 2002
ke tFPT o1= EWVML'*MEW
AND HATORAL RESOURCES
M90RESVYLa E KEOCNAL OFtIE
628 Cakridgc Farm Highway
Moore5mlle, NC 28115
Phone 70"60.511 1 Fax 70446D-5969
ri_icSeawah&a 2L mm
June 12,2002
Jimmy Johnson
C/O Hendrick Motorsports
4400 Papa Joe Hendrick Blvd.
Charlotte, NC 28262
704-955-0300 Office
704-236-0806 Cell
704-455-0397 Fax
RE: Lot 97 Legrand Drive
Dear Sir,
This letter is in reference to the installation of River Rock on the shoreline of Lot 97
Legrand Drive_ We. plan to use the existing Boat Ramp to move the River Rock from
the road to the shore. We will slope and shape the shoreline, install matting and River
Rock with a compacted finish and heavy border. This work will be done from the
water.
The work will start within 5 days of the approval. If you have any questions please
feel free to call our Office (704)660-51 1 1.
Thank You,
CBC
CB/bw
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Linda Hendrick County Catawba
Project Number 02 0538 County2
Recvd From APP Region Mooresville
Received Date 4/8/02 Recvd By Region 4/10/2002
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type: Impact Score Index Prim. Supp. Basin Req. Req.
TT 30 Waters PT O N 1 1-(75) wSly B& CA 30,832. 0.23 184.00 I-
C , P-7- O N { - 0,832.
Mitigation Wetlarrd
MitigationType Type Acres ` -''Feet
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 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 35 36' 3" Longitude (ddmmss) 8055112811
Comments:
The application is for shoreline stabilization. This is one of three adjoining lots (projects #: 0538,
0539, 0540). Shoreljne impacted by the three projects is approximately 600 ft. Durjng the site visit it
was observed that the lots had been clear of all underbrush, graded, and reseeded . - grass d own to
the shore lane. An NOV was issued on 4/25/02 requestjng a reveaet? abon plan. The project manaaver
(Mr. Jimmy Johnson) was contacted regardjng the vjolation of the buffer. The NOV response and
revegetatjon plan fro zone #1 was recieved on 5/3102. He does not want to begjn work on the
revegetatjon untjl approval has been recejved for the requested shoreline stabilization project (Alan
block wall) since the area would be disrupted durjng constructjon of the wall. Hjs response to the
NOV and revegetatjon plan has been sent to Bob Zarzecki for review.
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact: Michael L Parker
Non-Discharge Branch WO Supervisor: Bex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Linda Hendrick County Catawba
Project Number 02 0538 County2
Recvd From APP Region Mooresville
Received Date 4/8102 Recvd-By Region 4/10/2002
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet '
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 30 Waters FT- O N 11 (751 wSTV B & CA 30,832. o.23 184.00
CBR F_ O Y ? N F_ F_ 1__F_ FO>832. F_-F_? ?;.F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 35 36' 3" Longitude (ddmmss) 80 55" 28"
Comments:
cc: Regional Office Page Number 1
Central Office
Michael F. Easley
or r!?' gpG
Governor
r William G. Ross, Jr., Secretary
>_ =1 Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 17, 2002
DWQ Project No. 020538, 020539 & 020540
Catawba County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ms. Linda Myrick Hendrick
c/o: Mr. Jimmy Johnson, Director of Special Projects
4400 Papa Joe Hendrick Blvd.
Charlotte, NC 28262
Subject Properties: Hendrick Properties, Lot 253, 96 & 97, Legrand Dr., Sherrills Ford, NC
Lake Norman [03-08-32; 11-(75); WS-IV (Water Supply) B & CA (Critical Area)]
REQUEST FOR MORE INFORMATION
Dear Mr. Johnson:
On May 14, 2002, the Division of Water Quality (DWQ) staff conducted an on site review of the proposed
shoreline stabilization and buffer restoration plan for the subject properties. The DWQ has determined that the
proposed project will require written authorization for impacts to riparian areas protected under the Catawba
Buffer Rules (15A NCAC 213 .0243) and for impacts to Lake Norman (Catawba River) under the DWQ General
Water Quality Certification No. 3373 (WQC3373)(see attached). The WQC3373 allows you to use the
Regional Permit No. 198200030 when issued by the US Army Corps of Engineers. In order to issue this
authorization the DWQ must ensure that your project meets the no practical alternatives test required under
these rules. The DWQ is preparing to approve the proposed activity, however insufficient evidence is present
in our files to conclude that your project must be built as planned in the protected riparian buffers in
accordance with 15A NCAC 2B .0243. Therefore, unless modifications of the proposal are made as described
below, we will have to move toward denial of your authorization certificate as required by 15A NCAC 26
.0243(8) and will place this project on hold as incomplete until we receive this additional information.
Please provide us with information supporting your position that states your project must be constructed
as planned and that you have no practicable alternative to impacting these protected riparian buffers.
Specifically;
1. The DWQ has determined that all or at least the majority of the shoreline can be stabilized with riprap or
river rock rather than the proposed Alan-block seawall. The DWQ believes that the back fill required.for the
installation of the proposed Alan-block wall will result in more impact to the protected riparian buffers than
rip-rap or river rock. Please provide additional information stating why riprap or river rock is not a viable
alternative for your project or why it can not be used at least in locations where the slope is not steep.
2. The DWQ recommends planting more native woody vegetation within the proposed restoration site to aid in
stabilizing the stream bank and in the removal of nutrients from overland flow. Please provide additional
information as to why additional woody vegetation can not be used.
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/newetiands/
O?o? WAT?9QG
r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
April 25, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Linda Myrick Hedrick
4400 Papa Joe Hendrick Boulevard
Charlotte, North Carolina 28262
Dear Ms. Hendrick:
SUBJECT: Notice of Violation
Catawba Riparian Buffer Rules
Lake Lots on Legrand Drive, Lake Norman
Catawba County, NC
On April 23, 2002 Mr. Alan Johnson with this Office conducted a site investigation at the subject
property for the purpose of evaluating the existing site conditions with regards to your request for shoreline
stabilization. While conducting the site investigation, the property was also examined for its compliance with the
Catawba River Rirzrian Buffer Rule (15A NCAC 2B .043).
Wh;' -ig the site investigation, Mr. Johnson observed what appears to be a violation of the
Catawba `uffer Rule. The Rule restricts development impacts within a 50-foot wide area
begin- elevation (in this case the 760' elevation) and extending landward. Zone 1 consists
of -,iect elevation and Zone 2 consists of the outer 20 feet. During the April 23, 2002
? teed that most of the 50 feet of the riparian buffer had been impacted, including
NP
mor exceptions, practically all of the vegetation from both zones of the buffer
/ n of Water Quality requires that approval be obtained prior to
1 including those uses identified as allowable in the Table of Uses of
-admg in Zone 1 and Zone 2 that has been done on these lots would
'?7 { yen if the removal of the vegetation as described above occurred
'quffer Rules, the riparian buffer zones still apply to this
'r will need to comply with these rules.
k ?
Jh? y? -kd is restabilized and revegetated (e.g. garden, shrubs, Nwx v 00, -1iseased or damaged, or if they pose a threat to human
s, all trees more than 10 feet from the shoreline
any. °d the work is done under a Forest Management
Plan's
4t P? '
U- 6 0v X
KLWN9 "to
Customer Service Di, - orth Main Street Mooresville, NC 28115 Phone [phone]
1 800 623-7748 Fax [phone]

April 25, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Linda Myrick Hedrick
4400 Papa Joe Hendrick Boulevard
Charlotte, North Carolina 28262
SUBJECT: Notice of Violation
Catawba Riparian Buffer Rules
Lake Lots on Legrand Drive, Lake Norman
Catawba County, NC
Dear Ms. Hendrick:
On April 23, 2002 Mr. Alan Johnson with this Office conducted a site investigation at the subject
property for the purpose of evaluating the existing site conditions with regards to your request for shoreline
stabilization. While conducting the site investigation, the property was also examined for its compliance with the
Catawba River Riparian Buffer Rule (15A NCAC 2B .043).
While conducting the site investigation, Mr. Johnson observed what appears to be a violation of the
Catawba River Riparian Buffer Rule. The Rule restricts development impacts within a 50-foot wide area
beginning at the lake project elevation (in this case the 760' elevation) and extending landward. Zone 1 consists
of the first 30 feet from the project elevation and Zone 2 consists of the outer 20 feet. During the April 23, 2002
investigation, Mr. Johnson observed that most of the 50 feet of the riparian buffer had been impacted, including
the removal of trees. With a few minor exceptions, practically all of the vegetation from both zones of the buffer
had been removed from these lots.
Please be advised that the Division of Water Quality requires that approval be obtained prior to
conducting land disturbing activities in Zone 1 including those uses identified as allowable in the Table of Uses of
the Rule. Much of the cutting, clearing, and grading in Zone 1 and Zone 2 that has been done on these lots would
not have been allowed under the current rules. Even if the removal of the vegetation as described above occurred
_ prior to the implementation of the aforementioned Buffer Rules, the riparian buffer zones still apply to this
_ property, and any future development within the buffer will need to comply with these rules.
In Zone 2, all trees can be cut provided that the land is restabilized and revegetated (e.g. garden, shrubs,
lawn). In Zone 1, individual trees can be cut that are dead, diseased or damaged, or if they pose a threat to human
life, property or the shoreline. For continuing forestry operations, all trees more than 10 feet from the shoreline
and over 12-inch diameter may be cut at 15-year intervals provided the work is done under a Forest Management
Plan prepared or approved by a registered professional forester.
Ms. Linda Myrick Hendrick '
April 25, 2002
Page Two
Certain activities are identified in the Rule as "exempt", "allowable", or "allowable with mitigation". Over
40 such uses are outlined in a Table of Uses in the rule. Examples of "exempt" activities include view corridors
(allows thinning of underbrush, shrubs, trees less than 6" diameter, and low limbs to provide views to the lakes);
water dependent activities (such as boat ramps, docks, boat houses, bulkheads and access structures); recreational
and accessory structures (with a footprint of less than 150 square feet) including utility .corridors. "Allowable"
and "allowable with mitigation" activities require review and written approval by Division of Water Quality (DWQ)
staff, and include activities such as certain road crossings, air strips, new drainage ditches, storm water ponds,
buildings, paved surfaces, etc.
This Office requests that you respond to this letter by May 8, 2002 detailing your plans to restore Zone 1 of
the riparian buffer. Your response should also include an explanation of why you believe that your actions were in
compliance with the aforementioned Rule. Failure to respond to this NOV and restore this area may result in a
Notice of Recommendation for Enforcement for the unauthorized impacts. Water Quality violations can result in
civil penalty assessments of up to $25,000 per violation, per day for every day the violation continues. Also please
note that your request for shoreline stabilization is being placed on hold until this Office receives a satisfactory
response to this NOV, and corrective action is underway.
If you have any questions, please contact Mr. Johnson, Mr. Michael Parker or me at the Mooresville
Regional Office, [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment (Buffer Fact Sheet)
cc: Ann Duncan, DPC Lake Management
Bob Zarzecki, DWQ - Wetlands Group
CBC Custom Shorelines
0
?r

April 25, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Linda Myrick Hedrick
4400 Papa Joe Hendrick Boulevard
Charlotte, North Carolina 28262
SUBJECT: Notice of Violation
Catawba Riparian Buffer Rules
Lake Lots on Legrand Drive, Lake Norman
Catawba County, NC
Dear Ms. Hendrick:
On April 23, 2002 Mr. Alan Johnson with this Office conducted a site investigation at the subject
property for the purpose of evaluating the existing site conditions with regards to your request for shoreline
stabilization. While conducting the site investigation, the property was also examined for its compliance with the
Catawba River Riparian Buffer Rule (15A NCAC 2B .043).
While conducting the site investigation, Mr. Johnson observed what appears to be a violation of the
Catawba River Riparian Buffer Rule. The Rule restricts development impacts within a 50-foot wide area
beginning at the lake project elevation (in this case the 760' elevation) and extending landward. Zone 1 consists
of the first 30 feet from the project elevation and Zone 2 consists of the outer 20 feet. During the April 23, 2002
investigation, Mr. Johnson observed that most of the 50 feet of the riparian buffer had been impacted, including
the removal of trees. With a few minor exceptions, practically all of the vegetation from both zones of the buffer
had been removed from these lots.
Please be advised that the Division of Water Quality requires that approval be obtained prior to
conducting land disturbing activities in Zone 1 including those uses identified as allowable in the Table of Uses of
the Rule. Much of the cutting, clearing, and grading in Zone 1 and Zone 2 that has been done on these lots would
not have been allowed under the current rules. Even if the removal of the vegetation as described above occurred
prior to the implementation of the aforementioned Buffer Rules, the riparian buffer zones still apply to this
property, and any future development within the buffer will need to comply with these rules.
In Zone 2, all trees can be cut provided that the land is restabilized and revegetated (e.g. garden, shrubs,
lawn). In Zone 1, individual trees can be cut that are dead, diseased or damaged, or if they pose a threat to human
life, property or the shoreline. For continuing forestry operations, all trees more than 10 feet from the shoreline
and over 12-inch diameter may be cut at 15-year intervals provided the work is done under a Forest Management
Plan prepared or approved by a registered professional forester.
Ms. Linda Myrick Hendrick
April 25, 2002
Page Two
Certain activities are identified in the Rule as "exempt", "allowable", or "allowable with mitigation". Over
40 such uses are outlined in a Table of Uses in the rule. Examples of "exempt" activities include view corridors
(allows thinning of underbrush, shrubs, trees less than 6" diameter, and low limbs to provide views to the lakes);
water dependent activities (such as boat ramps, docks, boat houses, bulkheads and access structures); recreational
and accessory structures (with a footprint of less than 150 square feet) including utility corridors. "Allowable"
and "allowable with mitigation" activities require review and written approval by Division of Water Quality (DWQ)
staff, and include activities such as certain road crossings, air strips, new drainage ditches, storm water ponds,
buildings, paved surfaces, etc.
This Office requests that you respond to this letter by May 8, 2002 detailing your plans to restore Zone 1 of
the riparian buffer. Your response should also include an explanation of why you believe that your actions were in
compliance with the aforementioned Rule. Failure to respond to this NOV and restore this area may result in a
Notice of Recommendation for Enforcement for the unauthorized impacts. Water Quality violations can result in
civil penalty assessments of up to $25,000 per violation, per day for every day the violation continues. Also please
note that your request for shoreline stabilization is being placed on hold until this Office receives a satisfactory
response to this NOV, and corrective action is underway.
If you have any questions, please contact Mr. Johnson, Mr. Michael Parker or me at the Mooresville
Regional Office, [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment (Buffer Fact Sheet)
cc: Ann Duncan, DPC Lake Management
Bob Zarzecki, DWQ - Wetlands Group
CBC Custom Shorelines

Triage Check List

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CBC
CUSTOM SHORELINES, INC
628 Oakridge Farm Highway
Mooresville, NC 28115
Phone [phone] Fax [phone]
[e-mail]
April 5, 2002
NC Division of Water Quality
2321 Crabtree Blvd.
Suite 250 O n U 8
Raleigh, NC 27604-2260
To whom it may concern:
In this package you have received 3 applications on 3 lots all side by side.
CBC is installing 3 seawalls to tie into together. The check has been issued for the amount of
$600.00. Please distribute $200.00 for each lot. If you have any questions please call CBC at 704-
660-5111.
Thank You,
Bobbie
CBC
i
APR 8 3V
WETLA (MO UP
U?ATEi? OUr,LITY SEGTIv?'
The following is an abbreviated application form for those applying fora 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.
c
Applications should be sent to:?
Division of Water Quality Wetlands Unit
1650 Mail Service Center 00
t (?-? ^ Q
Raleigh, NC 27699-1650 020538,
l
1. Applicant Information
1. Owner/Applicant In
Namc:
Mailing Address:

'yeleptionc Numner:
E-mail Address:_
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has si ato authority f 9r the owner/applicant.)
Name: i
Company Af Hation: )2y
Mailing Address: $
yyl hn.rcV,ll? Hil, .?' 39ujj5
Telephone Number:_Ib 6 - S/?L-- - Fax Numbec___& W ?
E-mail Address: L'-am
IT. Pcoject 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
i -
n&-ick, AIM.
132&
16M
Fax Number: 71
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 n? L
- i? Y17L, ? Nearest Town:
County:._ rlffc/
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. 'T?is is n t necessary if an adequate vicinity map is included): = a2, tSlo 2a W,.144...
2. Describe the existin land use or condition of the site at the time of this
applicat.ion:_ 6 C?ea
3. Property size (acres)J,
4. Nearest body of water (stream/river/sound/occan/lake): ?1t?q?• P 11'21
5. Describe the purpose of the proposed work: 70 '" p
8
,K.
6. List the type of equipment to be used to construct the project:
7. Amount of impact (including all excavation, backfill, rip rap, reta ing walls,
etc.) below the normal pool lake level in square feet or acres: a
a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above tlje normal pool lake level and 50 feet land-ward in
square feet or acres:
b. Please describe vegetation above the normal pool lake level and 50 feet I nd-
ward to be impacted (number of trees for instance): ZTA -644, W Dt i`ev .4. - - --------------
(4 1,4
Date
e
dicaint/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
T:
x
Please approximately sketch the following ifformation on this plan
(please provide dimenslons for each Item, such as i0 ft. x 104 ft):
i) Ali,proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fit to be placed above the "Normal Poor elevation
3) Location of rip rap or fill to be placed below the buildings, rletaining
4) The location of any proposed structures such as wailso docks, etc.
3) The location of any excavation or dredging below the Normal Pool"
elevation.
6) Location of construction access corridors.
DUKE POWER LAKE MANAGEMENT, M- 12-(-)
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 FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
I. Applicant Information I
A. Name 1-!
-----
B. Mailing Address 446t)
C. Telephone-. 'L4- '?55' 03 0
II. Location of Proposed Project
A. Lake fNQt-Ma-ri B. Street Address
C. County
D. City, town, community or landmark 5
E. Section Lot # c9.53 Subdiv?iisioon.
F. Directions to property by road ?771a E,4
.A-GT"f' ,
G. Latitude and longitude for the project site (oOD?IIL? Law, - D.????/??
Please submit a map showing the coordinates or a detailed map ( SGS quad map,
city map, etc.) showing the exact location of the project site. (NOTE: Latitude/
longitude coordinates can be found on internet site, www.mapblast.com)
III. Description of Project I
A. Length of wall j a
B. Material ^ ^
C. Distance from property line/shoreline IV. Intended Use of Project Area
A. Private
B. Commercial /
V. ?c: Pi Date
pplicant Signature
NOTE: PLEASE SUBMIT COPY OF APPLICATION WITH ROAD MAP
SHOWING LOCATION OF PROPERTY TO:
US ARMY CORPS OF ENGINEERS
151 PATTON AVE. - ROOM W .2 D S
ASIIEVILLE, NC 28801-5006
/SC
06/ 2$; OOssh
Page 1 of 1
aMAPBLAST!
Everyone needs a little direction in life
Greenbay Rd
Mooresville, NC 28117-8884
[ Icon Latitude: 35.600916, Longitude: -80.924419 ]
/mPrint.mb?CT=35.595104%3A-80.94111 %3A20000&LV=3&GAD2=Greenbay+Rd&GAD3=A414/02
Print Map
Page 1 of 1
Map for GIS User
Location of My Location
Map Scale: 1 inch = 2000 feet
Lake Norman North
7.5-minute Quadrangle
Index map
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-------------
To: Bob Zarzecki .p ,
From: Alan Johnson MAY ` $ 2W2
WETLANt3S GROtfP?
Subject: Hendrick Project,
b?!r,7F l1`,!_?1Y sECTI^R!
LeGrand Dr. _ "T
Catawba County
Date: May 6, 2002
I believe Mike Parker has already spoken with you about this project regarding a zone #1 violation. I have
enclosed the NOV response, in addition to their plans for refurbishing zone #1.
Regarding the original request for shoreline stabilization, it would appear that at a minimum, one-third of the
waterfront is stabilized and does not require stabilization. The need for stabilizing the remaining shoreline is
also questionable.
Also, the stabilization project impacts more than 500-ft. of waterfront for the three combined lots.
ptex-
R?
2 May 2002
'0a
North Carolina Department of Environment and Natural Resources 4e*
Mooresville Regional Office .
919 North Main Street - r.
Mooresville, N. C. 28115
Attn: Mr. Alan Johnson
Dear Mr. Johnson:
This letter is in response to your Notice of Violation sent to Linda Hendrick, via
registered mail, on April 25, 2002.
In an attempt to remove rat infested, old mobile homes on property purchased by the Rick
Hendrick family, approximately 3.2 acres of land was cleared by Lanier Site Services
beginning in February. I now understand, that any disturbance of land in the Zone 1 was
not permitted. No trees were removed except one that was falling in the lake due to water
undermining the shoreline.
In an effort to rectify my mistake, I hand delivered to your office a detailed plan from
Night Scapes to restore Zone 1 as required by the State of North Carolina. With your
approval, this plan will be implemented immediately after installation of a seawall by
CBC construction company. We would start Zone 1 refurbishing immediately, but with
the installation of the seawall, it would destroy Zone 1 repairs.
Please approve our request for shoreline stabilization (seawall) as soon as possible. I
have a meeting scheduled with the Army Corps of Engineers and Duke Power on May 9,
2002.
Thank you in advance,
cerely y rs
Jim y J s , for Linda Hendrick
Di ctor f S ecial Projects

F WATF
\O?0 AQG Michael F. Easley
Governor
vj 7 William G. Ross, Jr., Secretary
r Department of Environment and Natural Resources
`C Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
April 25, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Linda Myrick Hedrick
4400 Papa Joe Hendrick Boulevard
Charlotte, North Carolina 28262
SUBJECT: Notice of Violation
Catawba Riparian Buffer Rules
Lake Lots on Legrand Drive, Lake Norman
Catawba County, NC
Dear Ms. Hendrick:
On April 23, 2002 Mr. Alan Johnson with this Office conducted a site investigation at the subject
property for the purpose of evaluating the existing site conditions with regards to your request for shoreline
stabilization. While conducting the site investigation, the property was also examined for its compliance with the
Catawba River Riparian Buffer Rule (15A NCAC 2B .043).
While conducting the site investigation, Mr. Johnson observed what appears to be a violation of the
Catawba River Riparian Buffer Rule. The Rule restricts development impacts within a 50-foot wide area
beginning at the lake project elevation (in this case the 760' elevation) and extending landward. Zone 1 consists
of the first 30 feet from the project elevation and Zone 2 consists of the outer 20 feet. During the April 23, 2002
investigation, Mr. Johnson observed that most of the 50 feet of the riparian buffer had been impacted, including
the removal of trees. With a few minor exceptions, practically all of the vegetation from both zones of the buffer
had been removed from these lots.
Please be advised that the Division of Water Quality requires that approval be obtained prior to
conducting land disturbing activities in Zone 1 including those uses identified as allowable in the Table of Uses of
the Rule. Much of the cutting, clearing, and grading in Zone 1 and Zone 2 that has been done on these lots would
not have been allowed under the current rules. Even if the removal of the vegetation as described above occurred
prior to the implementation of the aforementioned Buffer Rules, the riparian buffer zones still apply to this
property, and any future development within the buffer will need to comply with these rules.
In Zone 2, all trees can be cut provided that the land is restabilized and revegetated (e.g. garden, shrubs,
lawn). In Zone 1, individual trees can be cut that are dead, diseased or damaged, or if they pose a threat to human
life, property or the shoreline. For continuing forestry operations, all trees more than 10 feet from the shoreline
and over 12-inch diameter may be cut at 15-year intervals provided the work is done under a Forest Management
Plan prepared or approved by a registered professional forester.
h
N V[.3EW
Customer Service
1 800 623-7748
Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone [phone]
Fax [phone]
Ms. Linda Myrick Hendrick
April 25, 2002
Page Two
Certain activities are identified in the Rule as "exempt", "allowable", or "allowable with mitigation". Over
40 such uses are outlined in a Table of Uses in the rule. Examples of "exempt" activities include view corridors
(allows thinning of underbrush, shrubs, trees less than 6" diameter, and low limbs to provide views to the lakes);
water dependent activities (such as boat ramps, docks, boat houses, bulkheads and access structures); recreational
and accessory structures (with a footprint of less than 150 square feet) including utility corridors. "Allowable"
and "allowable with mitigation" activities require review and written approval by Division of Water Quality (DWQ)
staff, and include activities such as certain road crossings, air strips, new drainage ditches, storm water ponds,
buildings, paved surfaces, etc.
This Office requests that you respond to this letter by May 8, 2002 detailing your plans to restore Zone I of
the riparian buffer. Your response should also include an explanation of why you believe that your actions were in
compliance with the aforementioned Rule. Failure to respond to this NOV and restore this area may result in a
Notice of Recommendation for Enforcement for the unauthorized impacts. Water Quality violations can result in
civil penalty assessments of up to $25,000 per violation, per day for every day the violation continues. Also please
note that your request for shoreline stabilization is being placed on hold until this Office receives a satisfactory
response to this NOV, and corrective action is underway.
If you have any questions, please contact Mr. Johnson, Mr. Michael Parker or me at the Mooresville
Regional Office, [phone].
Sincerely,

D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment (Buffer Fact Sheet)
cc: Ann Duncan, DPC Lake Management
Bob Zarzecki, DWQ - Wetlands Group
CBC Custom Shorelines
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