20171349 Ver 3_More Info Requested_20190301

Strickland, Bev
From: Annino, Amy M
Sent: Friday, March 1, 2019 4:07 PM
To: 'Bill Albright'
Cc: 'Sherry Albright'
Subject: RE: [External] Re: DWR 2017-1349 V3 - Additional Information Request
Attachments: William Albright Response.pdf
Mr. Albright,
Please see my comments below (highlighted) in response to your email from July 26, 2018 regarding your Catawba River
Basin Variance Application received by DWR on May 22, 2018, and dated May 10, 2018.
2. Provide a detailed description of all proposed activities within the 50' Catawba Buffer. This would include activities
such as paths or decking, gazebos or accessory structures, etc. The location, impact square footage, and buffer zone of
all proposed activities should be clearly noted.
RESPONSE:
➢ We are going to plant at least 30 North Carolina Native plants as required by the provision of the Catawba River
Basin.
• The buffer restoration plan will be discussed as a separate issue as it relates to the Notice of Violation issued on
April 5, 2018.
➢ We are going to plant 5 trees as required by the provisions of Duke Energy.
• The buffer restoration plan will be discussed as a separate issue as it relates to the Notice of Violation issued on
April 5, 2018.
➢ It is in our plans to have an area in "Zone 2" for a gazebo approximately 168 square feet with the same amount of
square footage in some type of paving stones.
• Will the 168 sf gazebo be elevated per the Catawba Buffer Rules to allow for diffuse flow beneath the structure?
• Please provide information as to the dimensions (feet x feet) and location of the 168 sf paving stones. A site plan
sketch showing approximate location will be needed.
➢ It is in our plans to have a walkway consisting of paving stones leading somewhere in "Zone 1" to the shoreline where
a pier will be located. The approximate square footage of this walkway would be 120 square feet.
• Please provide information as to the dimensions (feet x feet) and location of the 120 sf paving stone. A site plan
sketch showing approximate location will be needed.
➢ An irrigation system will be located in "Zones 1 & 2" with a pump located in "Zone 1". It is noted that water and
power lines will be underground in areas of "Zones 1 & 2".
• DWR will not approve a buried irrigation system within the Catawba buffer. A temporary (unburied) above
ground irrigation system would be allowable. Please provide information about your proposed system.
• What power lines are you proposing to bury within the Catawba buffer and for what purpose?
➢ "Zones 1 & 2" currently have mulch in both areas. This would include 5000 square feet.
C. Proposed Impacts and Mitigation Section
3. Please enter all unauthorized and proposed activities in the Impacts and Mitigation table provided in the application.
Include square footage of all activities within zone 1 and zone 2 of the buffer. Impacts that require Mitigation are listed
in the Table of Uses in the Catawba Buffer Rules (attached).

• In your original application, you listed the unauthorized activities. Please list your proposed impacts in the table
below (from the application), adding more impact rows as needed.
Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Number'—
Reason for Impact
Buffer
Zone 1
Zone 2
Permanent (P) or
Mitigation
Impact
Impact
Temporary (T)
Required
(square feet)
(square feet)
B1 - P T
❑ Yes ❑
No
B2 - P T
❑ Yes ❑
No
B3 - P T
❑ Yes ❑
No
Total Buffer Impacts
'Label on site plan
Please do not hesitate to contact me if you have any questions.
Regards,
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.anninoa-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
ril.
T# Nothing Compares,,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Bill Albright <[e-mail]>
Sent: Thursday, July 26, 2018 11:03 PM
To: Annino, Amy M <[e-mail]>
Subject: [External] Re: DWR 2017-1349 V3 - Additional Information Request
Amy, per your request by July 27, 2018, I've attached our addendum to our previous application for variance. Please let
me know if you have any questions. Thanks, Bill
On Tue, Jun 26, 2018 at 10:33 AM, Annino, Amy M <[e-mail]> wrote:

On May 22, 2018, the Division of Water Resources (Division) received your application dated May 10, 2018, requesting
a Catawba River Basin Variance Application from the Division for the subject project. The Division has determined that
your application is incomplete and cannot be processed. The application is on hold until all of the following items are
addressed:
B. Proposed Activity Section
1. The application did not sufficiently include information on past unauthorized activities in the buffer. Please
provide a detailed description of all unauthorized work that occurred within the 50' Catawba Buffer. This
should include information on vegetation removal, grading and excavation, and temporary access roads
constructed. The location, impact square footage, and buffer zone of all unauthorized activities should be
clearly noted.
2. Provide a detailed description of all proposed activities within the 50' Catawba Buffer. This would include
activities such as paths or decking, gazebos or accessory structures, etc. The location, impact square footage,
and buffer zone of all proposed activities should be clearly noted.
C. Proposed Impacts and Mitigation Section
3. Please enter all unauthorized and proposed activities in the Impacts and Mitigation table provided in the
application. Include square footage of all activities within zone 1 and zone 2 of the buffer. Impacts that require
Mitigation are listed in the Table of Uses in the Catawba Buffer Rules (attached).
D. Stormwater Section
4. If unauthorized and/or proposed activities have the potential to impact diffuse flow, provide information on
how diffuse flow will be maintained through the protected riparian buffer.
E. Demonstration of Need for a Variance Section
5. Provide an explanation as to why complying with the Catawba Buffer Rule is needed for project activities
requiring a variance.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide a response by July 27, 2018. Please do not hesitate to contact
me if you have any questions or concerns.
Amy Annino
Environmental Specialist —Asheville Regional Office

Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.anninoa-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

VIA E-MAIL amy.anninokncdenr.gov
July 26, 2018
Ms. Amy Annino
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Dear Amy;
Pursuant to your request, please accept this correspondence as our response and addendum to our initial
Catawba River Basin Variance Application filed with the North Carolina Division of Water Resources on May
10, 2018. As noted in previous filings, everything that was done leading up to and including the area of the buffer
zone was done so at the recommendation of contractors hired by my wife and I in preparation of our lakefront
stabilization. Please be advised that at no time were we ever advised of any restrictions regarding the Catawba
River Basin by either contractor. The only restrictions that my wife and I were ever made aware of were the ones
provided to us by Duke Energy in 2004 when we purchased the property which included their restrictions for
lakefront properties on Lake Hickory.
We were told by the contractor (Bennick Grading & Excavation) who was going to perform the shoreline
stabilization that a path would have to be cut down to the lake as needed so their heavy equipment could have
access to the shoreline. No information was provided to us regarding buffer restrictions. They were to perform
the lakefront stabilization sometime between the end of December to sometime in January. However, many
months passed with no updates about the delay in performing the shoreline stabilization. During the months our
area received a higher than normal amount of rainfall. Given the condition of the hill where the path was cut after
much rainfall, we continued to follow up with Bennick Grading without any success.
As noted above, we contracted a grading company to cut the path down to the buffer area. The grader
who we hired placed the dirt from the path in the buffer zone covering the existing vegetation. However, he never
advised us as to any restrictions or possible infringement to the buffer zone and as noted above we were not aware
of anything that we could be in violation of.
As required by Amy Annino with the North Carolina Division of Water Resources to be filed by July
27, 2018, our addendum to the previous application for variance as follows:
B. Proposed Activity Section
1. The application did not sufficiently include information on past unauthorized activities in the buffer.
Please provide a detailed description of all unauthorized work that occurred within the 50' Catawba
Buffer. This should include information on vegetation removal, grading and excavation, and

temporary access roads constructed. The location, impact square footage, and buffer zone of all
unauthorized activities should be clearly noted.
RESPONSE: As we have been informed, the areas of unauthorized work as follows:
➢ Fill dirt was placed into the buffer zone by our contractor who performed the grading of
the path down to the buffer area. In so doing, dirt was placed over existing vegetation.
This area of the buffer zone would include approximately 5000 square feet. No other
vegetation other than weeds, scrubs and/or overgrowth were removed.
➢ The temporary path or access road as you referred to included an area of approximately
180 square feet and was up to the buffer zone. As noted above, the path was created for
equipment to gain access to the shoreline.
➢ As far as tree removal, five pine trees were removed as requested by the contractor
performing shoreline stabilization. This was needed as the trees would be in the area
where the stabilization would take place. We were aware replacement of the trees would
be required by Duke Energy as we were given their restrictions in 2004.
2. Provide a detailed description of all proposed activities within the 50' Catawba Buffer. This would
include activities such as paths or decking, gazebos or accessory structures, etc. The location, impact
square footage, and buffer zone of all proposed activities should be clearly noted.
RESPONSE:
➢ We are going to plant at least 30 North Carolina Native plants as required by the provision
of the Catawba River Basin.
➢ We are going to plant 5 trees as required by the provisions of Duke Energy.
➢ It is in our plans to have an area in "Zone 2" for a gazebo approximately 168 square feet
with the same amount of square footage in some type of paving stones.
➢ It is in our plans to have a walkway consisting of paving stones leading somewhere in "Zone
1" to the shoreline where a pier will be located. The approximate square footage of this
walkway would be 120 square feet.
➢ An irrigation system will be located in "Zones 1 & 2" with a pump located in "Zone 1". It
is noted that water and power lines will be underground in areas of "Zones 1 & 2".
➢ "Zones 1 & 2" currently have mulch in both areas. This would include 5000 square feet.
C. Proposed Impacts and Mitigation Section
3. Please enter all unauthorized and proposed activities in the Impacts and Mitigation table provided in
the application. Include square footage of all activities within zone 1 and zone 2 of the buffer. Impacts
that require Mitigation are listed in the Table of Uses in the Catawba Buffer Rules (attached).
RESPONSE: As noted in the Impacts and Mitigation table in Section 3 it asks to "Provide a
description of how mitigation will be achieved at your site"
➢ The temporary path has since been grassed to diffuse water runoff. This consists of
approximately 180 square feet.

➢ At the end of the temporary path, a burm which is approximately 12 feet long was placed
leading into the buffer area also to diffuse any possible water runoff.
➢ Along the temporary path a dry creek bed was constructed to assist in diffusing water
runoff.
➢ Hundreds of plants/bushes have been placed on the hillside adjacent to the temporary
path, along the entire bank area leading up to the buffer zone plus heavy mulch in those
areas to diffuse water runoff.
D. Stormwater Section
4. If unauthorized and/or proposed activities have the potential to impact diffuse flow, provide
information on how diffuse flow will be maintained through the protected riparian buffer.
RESPONSE: As noted above, we have conducted numerous proactive measures including
placement of hundreds of plants/bushes, installed a dry creek bed, heavily mulched areas in the
buffer zone as well as areas leading up to the buffer zone where planting has taken place as well
as grassing the area which was referred to as the access path. In addition, placement of a burm
to further ensure any potential water runoff. The proactive measures we have taken will ensure
that protection of the riparian buffer zone will maintained by the actions we have taken. In
addition, storm water runoff from gutters and downspouts from our home have now been
redirected to further ensure that there is no potential water runoff into the Catawba River
Basin.
E. Demonstration of Need for a Variance Section
5. Provide an explanation as to why complying with the Catawba Buffer Rule is needed for project
activities requiring a variance.
RESPONSE: As homeowners who had no previous knowledge of the Catawba River Basin
Rules, we have since seen the importance of ensuring protection of our lakes/rivers for many
years to come. At no time would we have intentionally or maliciously set out to cause any harm
or destruction to the lake or protected riparian buffer area. Therefore, we respectfully request
your approval of our need for a Catawba River Basin Variance Application for our property at
5705 Crown Terrace, Hickory, NC 28601.
Sincerely,
ZU=am "Bile" lit (Electronic Signature)
William "Bill" Albright