20021188 Ver 1_COMPLETE FILE_20020729

W A r? Michael F. Easley, Governor
(? William G. Ross Jr., Secretary
0? pG North Carolina Department of Environment and Natural Resources
co Alan W. Klimek, P.E. Director
> Division of Water Quality
Tommy Williamson
2510 Smith Harbor Drive
Denver, NCi 28037
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Williamson:
September 6, 2002
DWQ# 02-1188
Lincoln County
You have our approval, in accordance with the attached conditions, to place fill in 0.07 acre of waters at Lake Norman in Lincoln
County, as you described in your application received by the Division of Water Quality on July 29, 2002. After reviewing your application,
we have decided that this work is covered by General Water Quality Certification Number 3373, which can be viewed on our web site at
http:Hh2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Regional Permit Number 198200030 when the Corps of
Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also
this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed
below:
1. No trees greater than 6 inches diameter at the stump may be removed except for those directly within the construction corridor.
If trees are removed, 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;
2. This project is for the installation of a rip rap and rockwood seawall to prevent further erosion of the property due to wave action.
The use of mechanical equipment on the beach must be minimized;
3. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be taken to keep all equipment out
of the reservoir;
4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
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 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 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. If you have any
questions, please telephone Alan Johnson in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at 919-733-9721.
Sincerely,
*Klim, .
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748
MEMORANDUM
TO: John Dorney Regional Contact: Alan Johnson
Non-Discharge Branch WQ Supervisor: Bex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Tommy Williamson County Lincoln
Project Number 02 1188 County2
Recvd From APP Region Mooresville
Received Date 7/29/02 Recvd By Region
Project Type shoreline stabilization
Certificates Stream Stream Impacts (ft.)
? 0
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 30 Waters O Y -@N 1-(75) WSlV B & CA 30,832. 0.04
F_ F_
CBR Buffers ©ti' -c'- F_-F__F_r 30,832. _002F_ ?ri
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
cc: Regional Office
Central Office Page Number 1
Comments:
Staff visited the site on Sep 3rd regarding shoreline stabilization application. The banks of the
shoreline were approximately 2 to 3 ft. in height. Approval recommended.
WATER QUALITY SECTION
September 5, 2002
CERTIFIED MAIL
Return Receipt Requested
Mr. Tommy Williamson
113 Bridgeport Dr.
Mooresville, NC 28117
Subject: Notice of Violation (NOV)
Catawba Riparian Buffer Rules
2510 Smith Harbor Dr.
Lake Norman
Lincoln County, NC
Dear Mr. Williamson:
Mr. Alan Johnson of this Office conducted a site inspection' on September 3, 2002 at the subject
property in response to your shoreline stabilization request.
While conducting the inspection Mr. Johnson observed what appeared to be a violation of the
Catawba Riparian Buffer Rules (15A NCAC 2B. 0243) at the site. Mr. Johnson noted that fill dirt had
been placed in Zone 1. Also, at least three plastic corrugated pipes were placed to discharge into the
buffer area. A review of our files indicates that a NOV was issued in October 2001 for this offense.
The rules restrict development impacts within a 50-foot wide area beginning at the lake project
elevation (in this case the 760 foot elevation) and extending landward. Zone 1 consists of the first 30
feet from the project elevation and Zone 2 consists of the remaining 20 feet. The rules require that no
disturbance occur in Zone 1. Limited disturbance can occur in Zone 2. In addition diffuse flow (sheet
flow) must be maintained through the buffer zone.
Be advised that the Division of Water Quality (DWQ) requires that approval be obtained prior to
conducting land disturbing activities in Zone 1. The cutting, clearing, and grading in Zone 1 and Zone 2
that was observed at the site are not allowed under the current regulation.

Page 2
Williamson
Even if the removal of the vegetation as described above occurred prior to the implementation of the
aforementioned rules, the riparian buffer zones still apply to this property, and any future development
within the buffer will need to comply with this regulation. In Zone 2, all trees can be cut provided that
the land is stabilized and revegetated (e.g. garden, shrubs, lawn). Attached is a photo of the site and a
copy of the riparian buffer fact sheet for the Catawba River.
Be advised that approval for the shoreline stabilization will be forthcoming as soon as the fill dirt
is removed from Zone 1 and the drainage pipes (for roof runoff) are removed from both Zone 1 and
Zone 2. The drainage system must be designed in a manner that diffuse flow (sheet flow) can be
maintained through the buffer.
It is requested that a written response be submitted to this Office by September 19, 2002. Your
response should address your plans to restore the riparian buffer. Failure to respond to this NOV and
restore the affected area may result in a Recommendation for Enforcement for the unauthorized impacts.
Be advised that water quality violations can result in civil penalty assessments of up to $25,000 per
violation, per day for every day the violation continues.
If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson
or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Att.: Buffer Fact Sheet
cc: Ann Duncan, DPC Lake Management
Bob Zarzecki, DWQ, Wetlands Groups
Jay Bunzey, Lake Norman Lakekeeper
Bob Elliot, Marine Commission
Len Bealer, Kenneth Bealer Homes
File

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Triage Check List -/OM'11 Wt dr[A01- ?QPX
Date: Z Project Name:
DWQ#: e) Z /l8
County: Z AC© ,01-
TO: ? ARO Mike Parker ? WaRO. Deborah Sawyer
? FRO Ken Averitte ? WiRO Joanne Steenhuis
?MRO Mike Parker ? WSRO Jennifer Frye
? RRO Steve Mitchell
From: Ouhat' Telephone : (919)
-7 f3- t 7 Y?'?
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
WHISPEYZIMe
PIMES
LANDSCAPING
Bryon L. Webber
7229 Forney Hill Rd. • Denver, NC 28037 •

Date: 7/24/02
J ?? r
Shoreline Management
Re: 2510 Smith Harbor Drive, Smithstone Subdivision, Denver, NC 28037.
Gentlemen,
We propose to build a 3' x 75' Rockwood Retaining wall near existing
dock. The rest of the 233' shoreline will be rip-rap. The top of existing grade is 3' above
full pond. Since lot has no trees along shoreline and field grass exists now, we will be
planting turf-type fescue seed to provide lawn area up to wall and rip-rap.
Inside the retaining wall would be a proposed white sand beach area. The grade of
the beach is 1' above full pond shoreline level.
Thank you for reviewing the permit application.
Sincerely,
Bryon Webber
Ceo/wplinc.
TopoZone - The Web's Topographic Map
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http://www.topozone.com/map.asp?z=17&n=3927307&e=501112 7/26/02
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):???/?
Lake Name: 0 or I", n
Subdivision Name: 1; 011 ' 4 Lt.
Property Section: IoilA Z: Lot # /J
City: 06- Atie i- County: Z- t?t'4 CO /r4
State: 0 C-- Zip: 2 `60 3
Telephone: 701-/- 3 6 5 3/,.- a z
Type of Permit Requested
«Circ[e":
Private Facility
Commercial Facility
Excavation
Stabi[iza Ion
Conveyance
Miscellaneous Uses
Directions (from major road or highway):
FZ10M OCR litY 73.1 CO AA #w,f
114-0
-J:_0
•-- 40fy,e Cal ele
Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc):

'Note: Please use the back of this form if desired to draw us a map t9 tlic site,
GPALA-AKEMGMT"IPPM/DIREC"ONS-OOC Effective Datc• 1l/(5198
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 Information
Name: -0 ft? ?ve 1( (,,/ '% I f i A M 1 ??
Mailing Address: .2
Telephone Number: ?o cI - 36 3 _ 32- Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be atta0ed if the Agent has signatory authority for the owner/applicant.)
Telephone Number: 1?01-1 -
E-mail Address:a-ch„ iiBe
00 Fax Number:
H. 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
Company Affiliation: W k i 5 . rol n.
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 p?
County. ,i r1 c o In Nearest Town: be- A Ve
Subdivision name or site address (include phase/lot number): to-r /
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application:- A/v-,tj.? 51rr -y Pia m
3. Property size (acres,
4. Nearest body of water (stream/river/sound/ocean/lake): la. kg VO f-tU q
5. Describe the purpose of the proposed work r? 5-tzc (i ` 7.ri 1?cs ?a.+'' rt; nv: I.IJAP Tb-
6. List the type of equipment to be used to construct the project:,
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: APP p oy-
8. a. Amount of impact
retaining walls, etc.) al
square feet or acres:-
(including all clearing, back fill, excavation, rip rap,
ove the normal pool lake level and 50 feet land-ward in
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Lg?- 1?r,y
wi I1 b? •????» ??w
AppleanVAgent's Signature bate /
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
2
DUKE POWER LAKE MANAGEMENT, EC12-Q
y n r:
P O BOX 1006
CHARLOTTE, NC 281.03-IA06
704-382-1567 or TOLL FREE 14800443-5193
APPLICATION FOR PERM TO STABILIZE THE SHORELdNE IN NORTH CAROLINA
Please type or print and fff in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUIO.+'. POWER FUMG FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant IrrfMIRStion
A. Name 14 t?1 m w i [ Et nA X59111
B. Mailime Address •.? 31a 5n?; ??1, w r o r ,D f Den Vc K. AA ZIP $ 7
C. Telephone- 120 q- :z _
K Location of Proposed Project
A Lake V D k *\A ?•.
B. Street Addcrss 2-57-P -PO -0r.
C. county aA [g (n
D. City, t a mnunity or 'k N V -
f'-E. Senior Lot #? Subdivision S,,A -? 5 t-o N Iv
F. Directions to pr+openy by road F Ka M R w V 1" J-w R. #J Q trt - on
? na ft I^ a- tP t _ 5z:V:- 1V Li - 1 ?1I,o S+h 1 f `Sy`o u/ ? ?
G. l.adtude and longitude for the pr -JM site
H. Please submit a map showing the coordinates or a detailed map (USGS quad trap, city map, etc.) showing the
exact ivca m of the project site. {NOTE: LauumW longitude coordinates can be found on intemd site,
W!!AT.mansonus.cam. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will... ", select "L.aMAW, click map)
IIL Description of Project
A. Length of wall 0P0f" y-• *75;
B. Material 12oe-it-WavA grnc-r.
C. Distance from property line/shoreline
IV. Intended Use of Project Area
A. Private V--
B. Commercial - Date Vzyloz-
Patum
V. Applicant siPLEASE NOTE THE FOLLOWING:
s A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PA3 TON AVF- - ROOM 208,
ASHEVTI_LE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION: JOHN DORNEY
PARKMIEW BLDG., 2321 CRABTREE 131. VD.
RALEIGH, NC 27604
919-733-1786
12J07A) i ssb
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
. Division of Water Quality
DWQ Project No.:
Applicant:
County:
ivl m4 ?'t l ? ?a o?? SQ ?N __
Project Name: 2 -6--/D
11C-0 /11
on'"
OM A ?! + !
D r v re 20
Date of Issuance of 401 Water Quality Certification: s Pt- r C76)O Z_"
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and 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.
Applican?Isertification
and intent of the 401 Water Q ality Certification and Buffer Rules, the approved plans and specifications,
I A?4,owll h pq 14 J . Signature: Date: 1D l Z---
and. other support' aterial
Agent's Certification
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: Date:
If this project was designed by a Certified Professional
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. Date ,
I, /d'1 - / G hereby state that, to the best of my
was abilities, due care and diligence
used in th observation of the construction such that the construction was observe
compliance d to be built within substantial
6or
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/ncwetiands
WHISPERING PINES LANDSCAPING
4263
DIVISION OF WATER QUALITY 7/26/2002
Date Type Reference Original Amt. Balance Due Discount Payment
07/26/2002 Bill 200.00 200.00 200.00
Check Amount 200.00
dl's, l .t7, all7t?lP
Checking williamson - 2510 Smith Harbor Lh• 200.00