20210994 Ver 1_Riparian Buffer Authorization Request_20210605

Buffer Authorization Application Form
15ANCPC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Water Resources
ENVIRONMENTAL QUALITY
Original Submittal 6/5/2021
A. Owner/Applicant Information
General Information
Primary Contact Email:*
Who is submitting the application?*
[e-mail]
Reese list the contact person's enail for questions or payment on this project if needed.
® Owner
❑ Applicant other than Owner
El Agent
Is there an agent working on this application C Yes
but not submitting it? O No
1. Property Owner Information:
.....................................................................................................
la. Name on Recorded Deed:*
1b. Responsible Party:
lc. Mailing Address:*
Id. Telephone:*
704-277-7239
Mark and Sheila M Letica
(for Corporations)
Street Address
6984 Summer Hill Drive
Address Line 2
City State / Rovince / Region
Denver NC
Fbstal / Zip Code Country
28037-8394 US
B. Project Information and Prior Project History
.............................................................................................
1. Project Information
.............................................................................................
1a. Name of Project:*
le. Email Address:* [e-mail]
Letica Waterfront Erosion Control
(Subdivision, facility, or establishrrent nacre)
1b. Is this a publicly -funded transportation project?*
r Yes
F No
Id. Subdivision Name: Mountain Creek
le. Nearest Denver
Municipality:
If. Property Size: 0.97
acres

1g. County (or Counties) where the project is located:*
Catawba
lh. PropertylD#
3696-0898-7049
Tax FIN or Parcel id
1 i. Deed Information
Date of Purchase
7/31/2014
Type of Book
Book#
Page#
Deed
2693
1945
Map
r9
188
1j. Attach a copy of the recorded map that indicates when the lot was last platted.
aickthe upload button or drag and drop files here to attach docurrent
4450 Red Hill Circle recorded map that indicates
253.39KB
when the lot was last platted.pdf
FWF only
1k. How would you like to provide the Latitude and Longitude information?*
( Address Lookup
f Manually
Address Lookup
Latitude * 35.5689025
Street Address
4450 Red Hill Circle
Address Line 2
City State / Bovine / Region
Denver NC
Fbstal / Zip Code Country
28037-8454 US
Longitude *
11. Is the project located in any of North Carolina's twenty coastal counties?*
r Yes
C' No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Lake Norman
2b. Water Quality Classification of nearest receiving water:*
WS-IV,B
81.01876469999999
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:*
0
(linear feet only)
3. Project Description:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:

This application is about a second waterfront renovation project that has been
completed because we thought we had a permit. We were told we had the proper
permits by the contractor, Mr. Gustavo Perez.
The first waterfront renovation was completed by Dean Fisher of Lake Norman
Docks in 2016. The shoreline was stabilized, a retaining wall was added, the
boardwalk was removed, the dock was replaced, and mulch was spread.
While we were happy that the improvements helped, we found that the waterfront
continued to be a problem because the mulch would not stay in place, was
alternately too wet or too dry, and was causing folks to slip and fall. We had to rake
the mulch back in place, usually up an incline, every couple of weeks. We were
replacing the mulch after every big storm because it would go over the seawall into
the lake or accumulate in big piles against the seawall. The unstable ground (and
mulch) was particularly a problem because we have some disabled family members.
It became too dangerous for them to walk to the waterfront.
We did try planting trees, shrubs, and flowers on the hill and along the property
boundary, but not all of the areas we planted were successful. The shrubs and
plants we planted on the top of the hill to the waterfront grew, but not the plants in
the middle and bottom of the hill and we had continued erosion. The plants had to
be planted on an incline and the water from the neighborhood would erode the soil
away from the plants, causing them to die.
We also put in rip rap rock in the ditches formed naturally from water erosion due to
neighborhood water runoff in several places on the property. This has helped
significantly because it slows down the flow of water and is directed mostly away
from the lake.
We knew when we bought the property that erosion was a problem, and we would
need to do something about it. The property is like a fishbowl because it is located
lower than the rest of the properties in the neighborhood. The property is located at
the intersection of Red Hill Circle and Summer Hill Drive. This means that any time it
rains harder or longer than the ground can absorb, the water flows onto our
property from multiple points. However, the point which always gets the most water
is located on the street above the patio.
3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
Click the upload button or drag and drop files here to attach docurrent
R2F only
3c. Attach an 81/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
Click the upload button or drag and drop files here to attach docun ent
Letica Soil_Report.pdf 3.79MB
R2F only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*

The waterfront renovation project had two goals: to add more erosion -control
methods to fix the ongoing erosion issues at the waterfront; and to find a way for our
elderly, disabled family members to be able to go to the waterfront and enjoy
watching the waterfront activities and enjoy visiting with family and friends.
We wanted the waterfront to be a celebration of the natural rock resources of North
Carolina and a safe way for folks to get to the waterfront because folks were
slipping, falling, and getting hurt walking through the mulch. So, we put in stairs with
stone natural to NC. The stairs also helped to stabilize the soil on the hill. The
addition of the stairs and small retaining wall allowed me to put in garden terraces
with rocks from the Denver quarry and low maintenance, drought resistant plants
that do not get tall enough to hide snakes. We put in a rock garden using low
maintenance, drought resistant succulents and the many quartzes and other rocks
found on the property. The rock materials used are natural to North Carolina
(except Flagstone?). While we did not contract to have the patio built (the contractor
did it without getting it approved by us. It just showed up one day), it has been a
blessing for our disabled folks. The patio was built so it is slightly angled down so
the water that was not absorbed by the flagstone was dispersed into the gravel. We
have not had any erosion problems since the work was complete. Finally!
The heavy equipment used was a Bobcat. Other equipment included shovels,
hammers, saw, rakes, and tools to mix and spread mortar. Most of the work was
done by hand.
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach docurrent
Letica Site Plan.pdf 572.53KB
FEF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this
property/project (including all prior phases) in the past?*
r Yes
C' No
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
C' Yes
r No
6b. List any permits/approvals that have been requested or obtained for this project in the past.
Application Date
Date Issued
Permit Type
10/16/2015 13/21/2016
401 Water Quality
Certification and Catawba
Riparian Buffer
Authorization
10/16/2015
4/19/2016
Norman - Pier/Shoreline
Stabilization
6c. Please explain and detail according to "help file" instructions.*
401 Water Quality Certification and Catawba Riparian Buffer Authorization and
Norman - Pier/Shoreline Stabilization -
Work completed by Dean Fisher of Lake Norman Docks in 2016. The shoreline was
stabilized, a retaining wall was added, the boardwalk was removed, the dock was
replaced, and mulch was spread.

7. Future Project Plans
7a. Is this project a phased project?*
r Yes
C' No
C. Proposed Impacts Inventory
...................................................................... .........................................................................................
Buffer Impacts
Project is in which protected Basin?*
✓ Neuse River Basin (15A NCAC 02B.0233)
C' Catawba River Basin (15A NCAC 02B.0243)
✓ Randleman Lake Watershed (15A NCAC 026.0250)
✓ Tar -Pamlico River Basin (15A NCAC 02B.0259)
✓ Jordan Lake Watershed (15A NCAC 02B.0267)
✓ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# -Reason
Stream Name
Buffer Impact*
Impact Type*
Zone 1
Zone 2
Impervious patio
Iva label (e.g. R ad
Crossing 1)
Permanent
(P)
Perm or Terrp
Allowable w/
mitigation
320.00
Square
Feet
0.00
Square
Feet
Total Zone 1 Impacts: 320.00
Total Zone 2 Impacts: 0.00
Total Buffer Impacts: 320.00
Comments:
D. Impact Justification and Mitigation
...................................................................... ...........................................................................................................................................................................................
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*

We researched how to incorporate sustainable erosion control methods through the
NCSU, NC AT&T, and the NC extension services as well as multiple other resources
to design the waterfront project. The first renovation project completed in 2016 did
not completely fix the erosion problem, so a second renovation phase was added in
2019. I looked back at the water erosion issue from 2014 (when we bought the
property) to present. There has historically been an erosion problem mostly due to
the location of the property. It lies lower than the rest of Red Hill Circle and Summer
Hill Drive so water tends to flow through the property. We did numerous projects to
help with erosion over the years, such as put in a rock drainage ditch along the
edge of the property to control the flow of water, but knew we needed to do more.
We tried putting grass in above the retaining wall numerous times, but it just
wouldn't grow, we tried swarms, we tried numerous types of plants, shrubs and
trees. After numerous failed attempts to grow anything in the area in question, we
decided the best way to make a beautiful, functional, erosion -controlled waterfront
that celebrated the natural resources of North Carolina and was safe for our
disabled family members was to put in stairs going down to the waterfront, so folks
would stop slipping and falling in the mulch. This also helped to stabilize the soil on
the hill. The addition of the stairs and small retaining wall allowed me to put in
garden terraces with low maintenance, drought resistant plants that help filter the
water flowing through, I do not use artificial fertilizers so no harsh chemicals are
going to the waterfront. Everything we put in is designed to filter or diffuse the water
so it is no longer flowing directly into the lake.
Adding rock to the waterfront also means that it is no longer too wet or dry. No more
unsafe slipping.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.*
We tried to move the soil as little as possible to avoid further erosion. Most of the
work was done by hand rather than heavy equipment. A Bobcat was used to move
some dirt and gravel. Two short retaining walls were added to shore up the land.
2. Buffer Mitigation
2a. The table below identifies the square footage of impact to each zone of the riparian buffer and the required mitigation.
Zone 1 - Catawba Only
Total Impact
Multiplier
Required Mitigation
320.00
Square Feet
1-2-
640.00
Square Feet
Zone 2
Total Impact
Multiplier
T Required Mitigation
0.00
Square Feet
1.50
0.00
Square Feet
2b. What is the mitigation plan proposed for
this project?*
17 Payment to private mitigation bank
17 Payment to Division of Mitigation (DMS)
rJ Permittee responsible mitigation
2c. Provide a description of your mitigation plan.*
We will do what is deemed necessary
2d. Attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected
riparian buffers, and a plan sheet showing the proposed location of the plantings.*

aick the upload button or drag and drop files here to attach docurrent
DETAILED PLANTING PLAN.pdf 33.36KB
FEF only
2e. Attach statement of availability from mitigation provider.*
Click the upload button or drag and drop files here to attach docurrent
Series of emails between Sheila Letica and Kelly
235.71 KB
Williams in wtiich Ms.pdf
Ft7F only
2f. Attach your reservation letter from DMS.*
2g. Comments:
E. Diffuse Flow Plan
aick the upload button or drag and drop files here to attach docunent
reservation letter.pdf
pdf only
We were told it is too soon to seek help from DMS
la. What type of SCM are you providing?*
✓ Level Spreader
✓ Vegetated Conveyance (lower SHWT)
✓ Wetland Swale (higher SHWT)
r7 Proposed project will not create concentrated stormwater flow through the
buffer
✓ Other SCM that removed minimum of 30% nitrogen
lc. Diffuse Flow Documentation*
F. Supplementary Information
Environmental Documentation
34.17KB
aick the upload button or drag and drop files here to attach docunent
diffuse water flow .pdf 37.44KB
FM only
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
C- Yes
C No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR
Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
C Yes
C No
2b. Is this an after -the -fact buffer authorization application?
✓ Yes
C- No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):

We thought the contractor we used for a waterfront project in 2019 applied for and
received the necessary permits, just like our previous contractor for the waterfront
work competed in 2016 did.
We contracted with Gustavo (Gus) Perez from Genesis Improvements to complete a
waterfront renovation project that would add more erosion -control methods to fix the
ongoing erosion issues at the waterfront. We met Gus while shopping at Markham
Landscape Products (MLP) in Denver, NC and became acquainted over several
years. He was a very friendly and helpful man that worked at MLP and had a side
company. We bought his act. The relationship ended poorly when Gus authorized
his workers to do more work than we contacted for and then demanded a significant
amount of money for the extra work of putting in the patio (it matched the stairs they
put in) and a small retaining wall. The patio and wall were just there one day when
we went to check the progress. Of course, we didn't agree to pay the full amount
and the relationship got ugly. He even sent his employees to try to collect more
money from us. He had his employees pack up and leave the top of the stairs
unfinished when we would not meet his demands.
We know that ultimately the lack of permits is our fault. We should have asked for
copies of the permits, but we trusted him and believed Gus when he said he had
done so.
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments:
Additional Comments:
Click the upload button or drag and drop files here to attach document
Supplemental Information.pdf 1.4MB
FEF only
Thank you for your consideration.
H. Sign and Submit
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit the application form."
Print Name:*
Signature
Sheila M. Letica
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation
project? *
O Yes O No
O Yes
C' No
ID#* 20210994
Version:* 1
Select Reviewer: Alan Johnson:eads\adjohnsonl
Select Reviewing Office * Mooresville Regional Office - [phone]
Has payment been received?* ( No Payment Needed
✓ Fee Received
✓ Need Fee - send electronic notification

NOTES:
* PROPERTY MAY BE SUBJECT TO RECORDED OR
UNRECORDED RIGHTS OF WAYS OR EASEMENTS
NOT OBSERVED
* OWNER TO VERIFY ALL SETBACKS AND ZONING
REGULATIONS PRIOR TO ANY PLANNING OR
CONSTRUCTION.
* DIMENSIONS OF ALL IMPROVEMENTS SHOWN ON
THIS PLAT SHOULD NOT BE SCALED OR RELIED
UPON FOR DESIGN OR CONSTRUCTION WITHOUT
A FIELD VERIFICATION OF ALL DIMENSIONS.
* DIGITAL COPIES OF THIS FILE ARE FOR REFERENCE
ONLY AND MAY NOT BE USED FOR DESIGN WORK.
* A PORTION OF THIS PROPERTY IS LOCATED IN A
100 YEAR FLOOD PLAIN.
* NO PORTION OF THE RESIDENTIAL STRUCTURE
IS LOCATED IN THE 100 YEAR FLOOD PLAIN.
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PHYSICAL SURVEY
FOR
COBBLE CREEK HOMES
4450 RED HILL CIRCLE - DENVER, NC
BEING A PORTION OF LOT #155, CRESCENT LAND
& TIMBER, PLAT BOOK 19-188
MOUNTAIN CREEK TOWNSHIP, CATAWBA COUNTY, NC
SCALE: 1" = 40'
DEDMON SURVEYS
CHUCK POOVEY, PLS #3762
ROBERT DEDMON, PLS #3899
3704 NC HIGHWAY#16 NORTH
P.O. BOX 494 - DENVER, NC 28037
PHONE: [phone]
FAX: [phone]
WWW.DEDMONSURVEYS.COM
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SUPERVISION (DB 3251, PG 102)(PB 19, PG 188);
THAT THE RATIO OF PRECISION AS CALCULATED
EXCEEDS 1:10,000'; THAT THIS PLAT WAS PREPARED
IN ACCORDANCE WITH GS 47-30 AS AMENDED.
WITNESS MY ORIGINAL SIGNATURE, DECEMBER 16,
2020.
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PROFESSIONAL ND SURVEYOR LICENSE NO.
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DETAILED PLANTING
PLAN
Plants, trees and
shrubs have already
been planted

We were told that we do not
need diffuse water flow
documentation at this time.

Supplemental Information for
4450 Red Hill Circle, Denver, NC 28037
History of Erosion
As it looked when we bought property in July 2014
Front of property —
There were lines of erosion starting at the top of the driveway to the lake. The water flowed through multiple
points in the yard.

Back of property —
There was a steep hill to the lake full of ruts and holes from water erosion. It was dangerous to walk on
because the ground was so uneven due to the erosion.
Back of property —
There was only one tree in the backyard within the buffer zone and that tree is still there. The rest of the trees
behind that tree belong to the homeowners of 4460 Red Hill Circle. Please note the uneven ground due to
erosion.

Back of property —
Another view looking down the slope of the back yard to the lake.
Waterfront —
There was a board walk along the waterfront. It was old, falling apart, and dangerous. We had someone fall
through the boards and another person who fell into the lake when the handrail they were leaning on fell apart.
There was a 1 to 2 foot gap between the boardwalk and ground because erosion ate away the earth. We had
to jump over the gap to get on and off the boardwalk.

August 2014 when we
purchased property
Raul Scott is the previous ❑wner
iiPf 4460 Red Hill Circle
Notre.
4114fts,..-
There was only one tree and it was growing up from the rip rap rocks on the other side of the water
barrier. That tree that was removed during waterfront renovation in 2016 by Dean Fisher from Lake
Norman Docks, with the proper permits. Otherwise, the trees seen on the aerial photos included in the
letter from Mr. Pitman were on the property of Paul Scott, 4460 Red Hill Circle. Mr. Scott is the person
who removed the trees seen on the aerial pictures of the property.

Question 3 — Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of
the project at the time of this application
Renovated waterfront at 4450 Red Hill Circle August 2016.
Seawall and retaining wall completed by
Dean Fisher at LKN Doc
We were told
by LKN Docks
that we could
not put grass in
and had to put
in mulch
The first waterfront renovation was completed 2016. The shoreline was stabilized, retaining walls were added,
the boardwalk was removed, the dock was replaced, and mulch was spread rather than letting it go back to
being weeds or adding grass. We were told by Mr. Fisher that we could not put grass in because of the
pesticides, fertilizers, and other chemicals used on grass that could run into the lake. This is called nitrogen-,
phosphorus- and fertilizer- pollution according to the NCSU College of Natural Resources News. Fertilizer
pollution can cause harmful algal blooms and can lead to fish kills.
Eroded waterfront at 4450 Red Hill Circle November 2018.

We found that the mulch would not stay in place and we had to rake it back into place every two weeks or if it
rained hard. As you can see in Figure 2, nothing was growing in the area in front of the walkway to the dock
due to erosion. A new swath of erosion formed along the property boundary because the shrubs and plants
previously seen in Figure 1 were removed by the former property owners of 4460 Red Hill Circle, (Paul and
Betsy Scott) creating more erosion issues for us.
Large patches of eroded waterfront at 4450 Red Hill Circle November 2018.
We tried to stop the erosion by planting small shrubs and ornamental grasses near the property boundary.
These shrubs and grasses remained in place until January 2021, when the new owners of 4460 Red Hill Circle
(Mark and Tammy Stieve) cut the shrubs without our permission. They also removed trees in the riparian buffer
zone on their property causing more water to run on our property.

Why We Chose To Incorporate So Much Rock In The Landscaping
Seven Benefits of Using Rock for Landscaping
There are lots of reasons for that. Take a look at seven of those reasons here.
1. Rock is easy to maintain. Unlike a lawn, you never have to mow, water, or apply fertilizer to a rock
landscape.
2. It doesn't attract pests. Organic mulches such as wood chips can be a haven for termites, which,
unfortunately, are common. The last thing you want next to your house is a termite hotel. Rock is much
less hospitable to the destructive critters.
3. It stands up to foot traffic. Grass, vines, and other growing groundcovers can start looking pretty
ragged when kids or pets romp through them or even when adults walk a particular path too often.
Rock can handle the rough treatment.
4. A rock mulch will last a long time. Wood chips or a similar organic mulch will start to break down as
soon as it's exposed to sun, wind, and other elements. That means you'll have to replace it much
sooner than you would a rock mulch.
5. You can enjoy many choices. If you visit a good rock supply business, you'll find an enormous range
of rock landscaping products —including fine-grained products less than a quarter -inch in size, smooth
5-inch river rocks, giant boulders, and everything in between. Rocks products also come in a variety of
colors, from soft pinks to dark ebony.
6. Gravel or other rock products can improve drainage. While water will pool up in most types of soil,
it can move freely through a gravel -covered pathway, so you don't have as much puddling after a
rainstorm.
7. You can save money on an ongoing basis. With a rock landscape, you're not spending money on
gas and repairs for your lawnmower or on hiring a landscape maintenance company. Your water bill
stays low winter and summer, and there's no fertilizer to buy. (MDI Rock)
Other Notable Comments About Rock
Rock is an all -natural material (D. Beaulieu
An interesting alternative to lawns is the extended patio —an enlarged patio that takes up space where lawn
grass would otherwise be planted. Such a patio minimizes yard maintenance and cuts down on your watering
needs.(NC Extension)
Rocks provide a natural, textural element to landscape designs as well as a durable, low -maintenance,
organic option that's often quite eye-catching. Stones also can help hide or disguise problem areas,
like ungraceful hills or grades, utility equipment, or unattractive foundation walls, or stand in for mulch
in beds,
If you already have stones or boulders on your property, you can group them into beds, add a river
rock base, and tuck in some plants around them (NC Extension).
When it comes to landscaping, nothing adds structure and eye-catching appeal like good hardscaping.
Hardscapes include garden paths, patios, sitting areas, and any solid surfaces designed to relieve your lawn
from the stresses of foot traffic. They also make for great accents and contrasts to surrounding gardens, flower
beds, and planters. (R. Plank)