20020540 Ver 1_COMPLETE FILE_20020408

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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 2B.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 213 .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/ncwetiands/
Page 2 of 2
4. No fill (including but not limited to "back filling"), except for the approved river rock, shall be placed within Zone 1 of
the protected buffers (unless otherwise approved by the DWQ).
5. Groundcover (e.g., mulch, pine straw, etc.) shall be placed on any disturbed land until such time that vegetation can
be established.
6. You are required to replant Zone 1 of the protected buffer as indicated within your "30' Lake Buffer Planting" plan
dated May 2, 2002 with additional trees added June 13, 2002. The plants shall be installed no later than November
2002.
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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. 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 and the no
practical alternatives determination as required under the Catawba Buffer Rule (15A NCAC 2B .0243). If you have any
questions, please telephone Mr. Alan Johnson at [phone] or Mr. Bob Zarzecki at [phone].
Sincerely,
Klimek, P.E.
'Q, Director
Attachment: General Water Quality Certification No. 3373
cc: Bobbie Marsh or Chip Bridges, CIVIC Custom Shorelines, Inc., 628 Oakridge Farm Hwy., Mooresville, NC 28115
Alan Johnson, DWQ Mooresville Regional Office
File Copy
Central Files
DWQ 020538, 020539 & 020540
July 2, 2002
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Linda Hendrick County Catawba
Project Number 02 0540 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 am
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 30 Waters O Y OO N F__ F11-(75) wsly B & CA 30,832. 0.01 184.00 F-
CBR r--FT- ?N' F_F_ I(-
Mitigation Wetland
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/fond p Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The application is for shoreline stabilization. This is one of three adoining lots (projects#_ 0538-
0539. 0540). Shoreline impacted by the three projects is approximately 600 ft. During the site visit it
was observed that the lots had been clear of all underbrush, graded, and reseeded to grass down to
the shore line. An NOV was issued on 4/25/02 requesting a revegetation plan. The Project manager
(Mr. Jimmy Johnson) was contacted re ag rdina the violation of the buffer. The NOV response and
revegetation plan for zone #1 was received on 5/3102. He does not want to begin work on the
revegetation until approval has been received for the requested shoreline stabilization eject (Alan
block wall) since the area would be disrupted during construction of the wall. His response to the
NOV and reve etg ation plan has been sent to Bob Zarzecki for review.
cc: Regional Office
Central Office Page Number 1
Facility Name Linda Hendrick County Catawba
Project Number 02 0540 Regional Contact: Michael L Parker
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
Y ?C
\O?O 9pG Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
>_ y 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 2B .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 213.0243. 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 2B
.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.nc.us/ncwetiands/
rdye e OT Z
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware any impacts requested within your application are not authorized (at this
time) by the DWQ. Please call Mr. Alan Johnson or the DWQ Mooresville Regional Office at [phone] or
Mr. Bob Zarzecki of this office at [phone] if you have any questions regarding this matter.
Sincerely,

etiands unit
Attachment: WQC 3373
cc: Bobbie Marsh or Chip Bridges, CIVIC Custom Shorelines, Inc., 628 Oakridge Farm Hwy., Mooresville, NC 28115
Alan Johnson, DWQ Mooresville Regional Office
File Copy
Central Files
DWQ020538, 020539 & 020540
May 17, 2002
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Linda Hendrick County Catawba
Project Number 02 0540 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. BE
GP 30 Waters O YON 11-(7S) WSTV B & CA 30,83?. 0.01 184.00 F-
CBR Y N F_F_ 30,83?. F__ Fa?
Mitigation Wetland
MitigationType Type ' Acres Feet
Is Wetland Rating Sheet Attached? O Y *N Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? O Y O N Recommendation: O Issue 0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
cc: Regional Office
Central Office Page Number 1
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
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: Fax #: -433 - q q Vg
Company: DLja Date: 51 zLlbz
Number of pages including cover sheet: Co
Notes or special instructions:
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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.ne.us/ncwetlands
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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 obtainedprior 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 r?parian 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
Date:' d ?-
To: ?RRO Steve Mitchell Project Name Lh^A? k 4!ehdjfec-?
j]FRO Ken Ave:itte DWO Project Numberd20_l; R . 0539 cias y b
?WaRO Deborah Sawyer Countyc'
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
L RO Mize Parker
oij?20RO P2-!e ColyeB
From: " . Telephone (919) 733-
The nr au.ached is being forwarded to you for your evaluation. Please call if you need
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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 bott m
of greater or equal to 1 acre. _
Applications should be sent to: (??
Division of Water Quality Wetlands R.i 0 5 4 0'
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information

l ?
79
1. Owner/Applicant nfo cation ,
Name: Li -_ 1
Mailing Address:

Telephone Number:
E-mail Address:_
Fax Number:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached 'f the gent has si atory authority for th owner/applicant.)
Name:
Company Affiliation:
Mailing Address: ?A _IKn
Telephone Number: 6 Fax Number:_ A ? U-09=4
E-mail Address: '
Ii. °.roject 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, seethe 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: ?n Ta?•J-? Nearest Town:eu#//4
Subdivision name or site address (include phase/lot number):_ CI&
Directions to site please include road numbers, landmarks, tc. (Thi it not
necess,ary if an adequate vicinity map isnincluded): -771Z nL ? ????
2. Describe the exists g land use or condition of the site at the time of this
application: 1,041-
3. Property size (acres): OIJ J1"
L i
4. Nearest body of water (stream/river/sound/occan/lake):
5. Describe the purpose of the proposed work: 7O
6. List the type of equipment to be used to construct the project: 7/`Q tI k hee_
7. Amount of impact (including all excavation, backfill, rip rap, retai?ing walls,
etc.) below the normal pool lake level in square feet or acres: c,2
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above Vie normal pool lake level and 50 feet land-ward in
square feet or acres:
b. Please describe vegetation above the normal pool lake le el and 50 ?ff?e//et land-
ward to be impacted (number of trees for instance):r??._ ? ?[I-6 ?y -_ -
(1,4

Applicant/Agent's ignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

0 ft. x 00 ft)'.
Please appraxirnatety stone for each ?itern such as ?
please provide dime (provide dimensions)
1) All proposed vegetation clearing (P
:2) location of rip rap or f i1I to be placed above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the -Normal Pool" 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 " Ncs-rnal P""
elevation.
6) Location of construction access corridors.

DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1400443-5193
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.
1. Applicant Information
A. Name_ ,. rY
B. Mailing Address
a FS a? oL,
C. Telephone: 7? ?• 360
it. Location of Proposed Project
A. Lake
B. Street Address
C. County
D. City, town, community or landmark__?:
E. Section Lot # (?(,_ Subdivisio
F. Directions to property by road 7'? Td
G. Latitude and long rude for the project site
Please submit a map showing the coordinates or a detailed map (US 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 ,`
A. Length of wall av-
B. Material ?Q
C. Distance from property line/shoreline Qn ltnp -
IV. Intended Use of Project Area
A. Private_
B. Commercial
V. Applicant Signatur Date
NO PLEASE SUBMIT COPY OF APPLICATION WITH ROAD NIAP
SHOWING LOCATION OF PROPERTY TO:
US ARMY CORPS OF ENGINEERS
151 PATTON AVE. - ROOM lW a O 8
ASHEVILLE, NC 28801-5006
06/28/oossh
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Map for GIS User
Location of My Location
Map Scale: I inch = 2000 feet
Lake Norman North
7.5-minute Quadrangle
Index map
http://gis.enr.../ilmageFile1075649.gif&MapScale=2000&Quad=Lake%252ONorman%252ONort 4/4/02
Page 1 of 1

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