20201021 Ver 1_REQUIRED CHANGES_20250806

Strickland, Bev
From:
Johnson, Alan
Sent:
Thursday, August 6, 2020 8:46 AM
To:
Vickie Kidd
Cc:
Pitner, Andrew
Subject:
RE: [External] Fwd: 160 Malibu Rd Mooresville NC 28117 -
A couple of things, if in agreement, we can move forward with the variance:
1) The proposed beach area will be converted to a natural area.
2) It would be preferred that the drainage be discharged into the natural area on both
sides of the patio. Given that this is from the French drain, hopefully the discharge is
relatively low energy. (see diagram below). "A" may remain, B and C would be pulled
back to discharge through the natural area. I would remove the fabric from under the
riprap, and slightly embed the riprap into the natural area. This allow some remediation
of nutrients to infiltrate rather than discharging directly to the lake, bypassing the
purpose of the buffer. The drainage should only be associated with the French drain
and no other yard inlets.
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Thanks
Alan
DWR
Dtvlslon of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Vickie Kidd [mailto:[e-mail]] On Behalf Of Vickie Kidd
Sent: Wednesday, August 5, 2020 6:18 PM
To: Johnson, Alan <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>; [e-mail]
Subject: Re: [External] Fwd: 160 Malibu Rd Mooresville NC 28117 -
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Alan,
Attached is the sketch that my husband completed on what we had planned for the area and how it
will look like after the installation of the wall, patio and drainage system installed.
Again, taking this area back to the natural current status of sand on one side, and mulching around
the trees and shrubs on the other side once drainage is installed to secure the base of the trees.
Thank you and let me know if you have comments. I believe you want me to go ahead and fill out
the application for a variance online. And work with Sheri.
Please confirm
Vickie Kidd,
Owner/Broker
Kidd Realty
2

160 Malibu Rd
Mooresville NC 28117
704-634-9885 Cell
704-663-2862 Office
Email - vickie()kiddrealty.com
Visit our website for listings and information on Lake Norman and the surrounding areas Website -
www.kiddrealty.com
From: Johnson, Alan <[e-mail]>
Sent: Wednesday, August 5, 2020 2:06 PM
To: [e-mail] <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>; Montalvo, Sheri A <[e-mail]>
Subject: RE: [External] Fwd: 160 Malibu Rd Mooresville NC 28117 -
I have attach a hard copy of the variance application. However you will want to submit the online application located at
this destination (if this doesn't work, let Sheri noted above know):
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/application
Once the application is entered it will auto generate the fee request email, with instructions On how to make the
payment online.
Regarding the site, below is a diagram and the basics. Once it is clear what your proposed plan
is, there may be some fine tuning.
As stated at the site, the worst case scenario would be the removal of the improvements and
return the yard to the pre-existing state. I have spoken with Andrew, if agreeable to the
conditions, a variance could be applied for, since the proposed plan/structure is not allowed
per the Catawba Buffer Rule. Below is the basic details. With a more complete plan, some
fine tuning might be required.
1) The sidewalk is approvable per the rule. I would need the sq ft of the sidewalk ( C )
2) The wall and patio must be approved via the variance (A and B). I will need the sq ft of
each. Mitigation is required for these two features. The ratio is X2 so the impact area
will be double for mitigation purposes. The mitigation cost is $1.92/sq. ft. Contact Kelly
Williams to request mitigation ([e-mail]). You need this letter to be
part of the application.
3

3) The areas to each side of the patio will be converted to a natural area. Mulched and
shrubs
4) The impacts are located in Zone 1 of the Catawba Buffer. The application asks about
hardship. Provide a reasonable explanation about the purpose/need and "hardship" of
removal
5) The application will include: photo of the buffer/work area, plat of the property,
location/vicinity map, the site plan/diagram (any drainage leading to the lake)
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WvWo r of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Pitner, Andrew
Sent: Wednesday, August 5, 2020 11:03 AM
To: Vickie Kidd <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: RE: [External] Fwd: 160 Malibu Rd Mooresville NC 28117 -
Hi Vickie,
Following up on our phone call, I'm attaching a factsheet about the Catawba Buffer. In addition, a lot of information can
be found on DWR's website for the buffer program at:
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch
I appreciate y'all's willingness to do what's right and in working with Alan and I on this, we should be able to craft a way
forward that complies with the rules.
Andrew
Andrew Pitner, P.G.
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources
Department of Environmental Quality
704 235 2180 direct office
704 663 1699 MRO main line
704 663 6040 fax
DWR website: http://www.ncwater.org
610 East Center Avenue, Suite 301, Mooresville, NC 28115
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.

From: Vickie Kidd [mailto:[e-mail]]
Sent: Wednesday, August 5, 2020 6:48 AM
To: Pitner, Andrew <[e-mail]>
Subject: [External] Fwd: 160 Malibu Rd Mooresville NC 28117 -
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Andrew
Could you pleaae call me this morning
I would like to understsnd next steps to move this along Since our yard is in a current mess with the silk fence
installed and porta jon on site
My husband snd i did not knpw about your department and would like to make sure we are doing things
correctly on our property. Do to the topo of our lot and our neighbors we were trying to build a 2 ft wall to deal
with the water run off from our neighbors on each side. We had survey cimpleted, silk fence installed, and see
note below to Alan on installation details
Yesterdsy we were just told to stop construction and we would receive a letter. Thst did nit tell us much.
Thank you
Vickie Kidd
Kidd Realty
www.kiddrealty.com
vickiekkiddrealty. com
704-634-9885
Begin forwarded message:
From: Vickie Kidd <vickiekkiddrealty.com>
Date: August 4, 2020 at 12:37:54 PM EDT
To: "alan.johnsongncdenr.gov" <alanJohnsonkncdenr.gov>
Cc: "Vickie Kidd (vickiekkiddrealty.com)" <vickiekkiddrealty.com>
Subject: 160 Malibu Rd Mooresville NC 28117 -
Alan,
I will look for your letter as you mentioned.
But in response to your inspection please share with your management team what you
did see today which is, the wall is necessary to retain both the adjacent neighbor's
water runoff from washing away our yard. Also, to protect the trees we have at the
lake on our beach area.

We purchased our property in 1995 and was not aware of any regulations when it came
to getting approval of our yard within a certain distance from the lake only the Duke
Power regulations. We did get a survey and we do own to the 760 line and thought we
did everything correctly being on our property and land to build what was necessary to
retain water problems we were experiencing.
The water running down from each neighbor's yard has helped to cause damage to the
tree trunks of each tree on the beach area. In order to preserve the trees, requires
piping water runoff, which my husband, Mike is installing. He operated Kidd
Construction and Grading before retiring so he is very familiar with redirection of water
runoff properly. The wall being built has a drainage system installed, corrugated
piping, and gravel to slow down and deal with catching the water, then piping this
water underground down to the lake.
Our final plan will be to add mulch around the tree trunks to preserve the trees. Our
landscaper, Maynor Rivas, will be contacting you about the pavers he will be using that
allow water to go through which is much better than a wooden deck.
As we discussed the area already had a natural sandy beach area as you could see, as
does the neighboring properties on each side of us. Once the wall was built my
husband planned to add sand back to this area in front of the wall, returning it back to
the natural area instead of grass.
Also, I guess you took note, that our wall is behind the adjacent walls of our neighbors
on each side which places it closer to our home than each of our neighbor's walls.
Thank you,
Vickie Kidd,
Owner/Broker
Kidd Realty
160 Malibu Rd
Mooresville NC 28117
704-634-9885 Cell
704-663-2862 Office
Email - vickie()kiddrealty.com
Visit our website for listings and information on Lake Norman and the surrounding
areas Website - www, kiddrealty, com