20030975 Ver 1_COMPLETE FILE_20030804

' 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
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 13, 2003
DWQ Project #: 03-0975
Mecklenburg County
APPROVAL of 401 Water Quality Certification and. AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Brian Bunce
2460 Plantation Road, NW
Concord, NC 28027
Subject Property: Lot# 372 located at 12623 Preservation Drive
Overlook Community, Charlotte; NC
Dear Mr. Bunce:
You have our approval, in accordance with the attached conditions and.those listed below, to place fill
within or otherwise impact approximately 0.0047 acres of waters and 0.0047 acres of protected riparian
buffers on Mountain Island Lake for the purpose of installing Keystone block to stabilize approximately
103 feet of shoreline, as described within your application dated August 1, 2003. After reviewing your
application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use
Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USAGE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control and Duke Power regulations and permits. 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 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. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that 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).
:
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Page 2
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completions to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
DWQ # 03-0975
Date: August 13, 2003
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800- 4p59
9975
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If infonnation 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.
Applicant Information
A. Name 131-i A.^/ t 124.NcQ
B. Mailing Addressaq(aO A110-`ON /Rd. vA)
C. Telephone 6Bo zy/ -31/G
I1. Location of Proposed Project
A. Lake iOk,v ,.r .4
B. Street Address ,?(? rOa ®N ?I.?5?Q ?r ; C f'? Av ^vC 2p.21y
C. County
,?,duv-
D. City, town, community r landmark (t/("A!
E. Section & "/4 Lot ?4 37a -Subdivision _®?ar/eOK
F. Directions to property y road Wi4L. IQP h+ ?/ 44,//o W ` 4--44 oN
&+-v is o.v 4" I f,- IF, - 44 4 h
G. Latitude and longitude for the project site 3s''Q&:r:G9 N
IT. Please submit a map showing the coordinates or a detailed map (USGS quad map, city man, etc.) sho ine the 4A r"
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found
sN,cNV.map_onus_com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking, select "Lat/Long", click map)
III. Description of Project
A. Lenuth of wall -- fo3 -- -------- ---- SET QS/401 GMA 1v
13.
C. Distance from 1) operty line/shoreline T Q - AUG 6 4 2003
IV. Intended Use of Project Area
A. Private v
YNATERQUALIlYSECTION
13. Commercial _
V. Applicant Signature Date __-_-
P_ L_E_ASE_NO_T_F_ THE FOLL. 'IN
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: USARMYCORPSOFENGINEF_RS, 151 PATTONAIVE. - ROOa1208,
ASHEVILLE, jN'C 28801-5006
• A COPY OF TI 11- "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF VA'ATER QUALITY PRI-
CONSI-RUCTION NO'rIFICATION APPLICATION" MUST BE SUBMIT'T'ED WITH THE DIVISION OF \\'ATER
QUAI.ITY APPLICATION FEE TO:
A'C DIVISIOA' OF If ATLR QUALITY
ATTENTION: JOAN DORNEY
PARKVIEH' BLDG., 2321 CRABTREE BL VD.
RALEIGH, NC 27604
919-7-3 3-1786
10 1602-.,
FILE corn
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:
401 JS
Division of Water Quality Wetlands Unit WER Jn ?r0
1650 Mail Serv ce`Center "`? /` U l fRtJ
Raleigh, NC 27699-1650 03 u ^g 7 AUG 1) 4 2003
1. Applicant Information
1. Owner/Applicant Information
Name: A 7a.a 11:5bwyt
Mailing Address:124/•0
ea.? t°®rvOF -
ATERQUALITYSECTION
W
Telephone Number 7770, - ?/ Fax'Number ' ?"-S6o g
E-mail Address: c. . i r 0 b C/K z
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authorky for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax 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
f ^
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: /hoe b? re Nearest Town:_ eAAr/*#-e
Subdivision name or site address (include phase/lot number): O%W1v*IC - ,2,62? Kiv: v t4ta
Directions to site please include road numbers, landmarks, etc. (This is not atoft or
necessary if an adequate vicinity map is included): 11 A&"
37e
D?nr-/as/e_ •r 4"r.*":e; Ri?/?f- ; 1•???,&•V firS4114 /
Orb"; Aof- _ .>'!Z is 241q 4 n01Wa.w ;?401C. "MW'W- 00AASIr"O•, VI-
2. Describe the existing land use or condition, of the site at the time of this
application: -74 4W xs yWA4,r.1 J /#OV4
Anna, &P 444 /off is: Sa vAel, grmdoaf.

3. Property size (acres). '6 $ ®? ?^? went
4. Nearest body of water (stream(river/sound/oc ean/lake):_/j'loar?u _,* 14,4,/ /,V C.¢
5. Describe the purpose of the proposed work:
6s
6. List the type of equi ment to be used to construct the project:A?. lg-_ .o,.+g/?oao4
wwrlc s 44 44.4 ,4 6i4'34'
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square eet or acres: Ae 4N
Aw di.-iaP/ .'
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: ?t a.?•rt.?r61'1F??.LL__,fj
AL__ WO !w/.. -_
/w R? r l??w 121 '?L- ......./A !_•_-
v.Q ys eli.N n,+,-ova./ ,ti pv,rya?'!r /syv+ txek e? ?tri-?c t >44 .404V ' elk.
b. Please describe vegetation above the normal pool lake-level and 50 feet land-
ward to be impacted npmbe of trees for instatfee): r /?(+tsS 6!t&eSkW i4A,A &.ne
4CW% gel a-. SO WWV4V 6r.sl....? nt..,.owd_
e a e Date
re is valid only if an authorization letter from the applicant is provided.)
:/
b.
f?'ll
3' X /O 3
we 6/6 CA
wad/
a 3
J4
V401V h/.ek Wal
e3 arb•vr 4:411 PA
494-f-
Please approximately sketch the fol4owing information on this plan
(please provide dimensions for each Item, such as 10 f1. x 100 ft):
1) All proposed vegetation clearing (provide dimensions).
.2) Location of rip rap or fill to be placed above the Full 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, regaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
r
August 1, 2003
Dear Sir/Madam:
Lot #372 located at 12623 Presevation Pointe Drive in the
Overlook Community in Charlotte, North Carolina is a nicely
wooded level piece of property. However, at the back of the
property, the lot is severly eroded. The eroded bank has an
approximately twenty-two foot drop to the end of the lake bed.
Several trees and other vegetation have fallen from the top of the
eroded escarpment to the bottom of the bank. Other trees and
plants are currently being undercut by erosion and are on the verge
of falling.
As the possible new owner of this property (I have a signed
contract with the present owner), I would like to stabilize the
shoreline by installing a six (6+/-) foot high keystone block wall at
the base of the eroded bank. Beginning at the top of the keystone
wall the soil would be tapered back approximately thirty feet using
multiple levels until the sloped area gradually blends into the
existing buffer area height. Plants, trees, and shrubs that are on
the native plant species list would be installed on the tapered
multiple levels to: provide stabilization; create the aesthetic value
of a more natural shoreline; and to create an additional habitat for
wildlife.
Over the past seven days or so I have met at the site with:
Kelvin Reagan - Lake Management - 704-516-5458 (m)
David Caldwell - Mecklenburg County Water Quality - 704-336-
5452(o)
I also have talked on the phone with:
Ron Linville - Wildlife - 336-769-9453
I realize for all agencies involved to review the application it may
take approximately thirty days. I would like to respectfully request
if there is anyway possible to have an answer by August 21, 2003.
The reason is my offer to purchase contract has contingency
clauses in there for the shoreline stabilization and prier approval.
"Thank you for your time and consideration.
Sincerely,
7" ze"t-
M.Ir r.
704-786-4433 (H)
704-201-3416 (M)

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