20220323 Ver 1_Riparian Buffer Authorization Request_20220227

Water Resources
ENTAL QUALITY
Original Submittal 2/27/2022
A. Owner/Applicant Information
General Information
Primary Contact Email: * [e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Who is submitting the application?* Owner
Applicant other than Owner
Agent
1. Property Owner Information:
1a. Name on Recorded Deed:
1b. Responsible Party:
1c. Mailing Address:*
1 d. Telephone:* 704-909-9100
3. Agent Information
HARBISON MARTHA L REVOCABLE TRUST
(for Corporations)
Street Address
2479 Camelia Pointe Drive
Address Line 2
City
State / Province / Region
Sherrills Ford
NC
Postal / Zip Code
Country
28673-9139
United States
1e. Email Address:*
[e-mail]
3a. Name:
3b. Company Affiliation:
3c. Mailing Address: Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3d. Telephone: 3e. Email Address:
3f. Attach a signed and dated copy of the agent Click the upload button or drag and drop files here to attach document
authorization form. PDP only
B. Project Information and Prior Project History
1. Project Information

1a. Name of Project:* Ron Cox
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
1d. Subdivision Name: LAKEPOINTE NORTH PH 2
le. Nearest Municipality: Mooresville
1f. Property Size: 0.73
acres
1g. County (or Counties) where the project is located:
Catawba
1h. Property ID# Date of Purchase
462801284512 8/25/2021
Tax PIN or Parcel id
1 i. Deed Information
Type of Book Book#11 Page#
Deed F
1306
Map 46 3,4,5,6
1 j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
Catawba_lmages_Deeds Lot 54 Recorded Deed April
124.65KB
21 1999.pdf
Catawba_lmages_Deeds_Recorde Plat April 23
330.19K6
1998. pdf
PDF only
1k. How would you like to provide the Latitude and Longitude information?*
Address Lookup
• Manually
Latitude*-80.9438 Longitude* 35.6264
11. Is the project located in any of North Carolina's twenty coastal counties?*
Yes
• 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 Critical Area

2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: *
(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 is a single-family home that was constructed in a typical residential subdivision
on Lake Norman, in approximately year 2000. It had a boat dock and pier when
purchased by the present owners. Both have recently been replaced, after approval
by Duke Energy.
The shoreline is presently somewhat stabilized with rip rap, although there are large
gaps in the existing rip rap and the underlying fabric is missing, allowing erosion into
Lake Norman. The back yard has a slope of approximately 2 1/2 to I.
A large portion of the buffer is wooded.
3b. Attach an 8 % 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 document
USGS Topo.pdf 310.46KB
Topo Map.pdf 181.62KB
PDF only
3c. Attach an 8 % 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 document
Soil —Map Soil Survey.pdf 521.96KB
PDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
Do maintenance and enhancement of the existing shoreline stabilization, by
implementing an "Enhanced Boulder" technique from the 760 — 762 contour lines. We
will accomplish this by "pulling down" the existing riprap to fill in the bare areas below
the 762-contour line, where the riprap has washed into Lake Norman. We will then
place large boulders over the riprap creating a stable shoreline, which will, in turn
create critical habitat for the numerous aquatic species of plant and animal life that
live in Lake Norman. All work will be done from the water using a long reach track
hoe. This will create a massive planting area all along the entire slope, for the full
width of our property. The new planting area will be filled with all North Carolina
native species plant material and will create a large area of infiltration, between the
area where the artificial turf is located and the lake.
We are also requesting approval to remove 5 trees, two (2) of which recently fell into
Lake Norman, during a recent storm (see attached photos; two (2) trees which have
grown together, and which are severely undercut, which has severely compromised
their root systems. These two trees are located within the existing riprap and pose a
threat to our boat dock and pier. And one (1) tree that is buttressing and leaning over
the neighbor's boat dock and pier, causing concern for the safety of their property.
We are requesting approval to allow the existing artificial turf to remain, in exchange
for which we propose to do onsite mitigation using a variety of different species of
native plants to serve as mitigation to allow the artificial turf to remain in the Catawba
River Buffer in Zone 1 and Zone 2. We have calculated that approximately 2,510
square feet along the shoreline will be planted as mitigation for allowing the artifical
turf to remain. In addition, new native plants will be incorporated into the wooded
area in both zone 1 and zone 2.
We will address the additional RR as noted in the NOV-2021-PC-0417 issued
August 18, 2021

Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Site Plan.pdf 670.86KB
PDF 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?*
Yes
• No
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
Yes
No
6b. List any permits/approvals that have been requested or obtained for this project in the past.
Application Date Date Issued Permit Type
1 /4/2021 IEE:
Buffer Authorization
6c. Please explain and detail according to "help file" instructions.*
DW R #21-0026
This approval was granted for the removal of approximately 200 sq./ft. of Impervious
Material (Fire Pit) out of the critical area Zone 1, to build a new patio and fire pit in
Zone 2.
Attached Approval Letter
7. Future Project Plans
7a. Is this project a phased project?* O Yes
O No
C. Proposed Impacts Inventory
Buffer Impacts
Project is in which protected Basin?*
Neuse River Basin (15A NCAC 02B.0233)
• Catawba River Basin (15A NCAC 02B.0243)
Randleman Lake Watershed (15A NCAC 02B.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
..................

Shoreline
Lake
Permanent
Allowable
1,672.
0.00
Stabilization
Norman
(P)
00
Square
Map label (e.g. Road
Perm or Temp
Square
Feet
Crossing 1)
Feet
Buffer
Lake
Permanent
Allowable
963.00
578.00
Map label (e.g. Road
Norman
(P)
Square
Square
Crossing 1)
Perm or Temp
Feet
Feet
Total Zone 1 Impacts: 2,635.00
Total Zone 2 Impacts: 578.00
Total Buffer Impacts: 3,213.00
Comments:
The impacts in Zone 1 and 2 of the Catawba River Buffer consist of artificial turf and
the underlayment panels to stabilize this area from eroding. Neither the owner nor the
landscape contractor, which did the installation per specifications, were aware that
this would be a violation of any kind, as artificial turf is used and can be seen on
numerous lots on Lake Norman and installed within the Catawba River Buffer. Plus,
an exhaustive search of the applicable guidelines by the owner did not disclose any
explicit, or implicit, reference to artificial turf as being prohibited within the respective
buffers.
Numerous attempts to stabilize this area by the previous owners of the property had
failed, due to the slope and the nature of the soil and rocks. In fact, the slope where
the artificial turf is located, had been stripped of all of its topsoil, due to erosion.
Both the artificial turf and the underlayment panels are demonstrably pervious! The
artificial turf has the permeability of 700 inches/hour/square yard and the
underlayment panels have the permeability of 1,582 inches/hour/square foot before
installation of the artificial turf.
Specifications of these products are uploaded in Additional Information for your
review.
D. Impact Justification and Mitigation
1. Avoidance and Minimization h'
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
A local landscaping company was consulted to help address the problems of not
being able to stabilize the backyard area after numerous attempts. Previous owners
had attempted to establish a traditional grass yard by over -seeding. Also, evidence
was found of a failed attempt to place sod in the area. All previous efforts to stabilize
the area where the artificial turf is presently located failed. Failure was attributed to
poor soil and rocky conditions, plus all of the topsoil had been washed away, due to
erosion.
They recommended the installation of SYN LAWN artificial turf with underlayment
panels, both of which are pervious materials. Using this material, the soil would stop
eroding and prevent additional sediment impacting Lake Norman. Additionally, the
severe slope of the area, coupled with the fact that existing structures made it difficult
if not impossible, to access the area with even small equipment, such as lawn
mowers, etc., resulted in the decision to install the artificial turf. Maintenance of such
an area is always an issue, especially for the present owners, both of whom are in
their 70's. Low maintenance of the area was an important factor to them, especially in
light of the fact that all previous efforts to stabilize the area had failed.

1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project was well coordinated with all material on site prior to the commencement
of work. Installation of the aggregate base material was scheduled with the prediction
of clear weather for 3 days and was completed in one day and the project was
completed the following day. Work was done using wheelbarrows, hand tools and
manual labor, so as not to further destabilize the area during installation of the
artificial turf.
E. Diffuse Flow Plan
1a. What type of SCM are you providing? *
Level Spreader
✓ Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Proposed project will not create concentrated stormwater flow through the buffer
Other SCM that removed minimum of 30% nitrogen
1 c. Diffuse Flow Documentation Click the upload button or drag and drop files here to attach document
Buffer Authorization Application Storm Water Plan.pdf 667.33KB
PDF only
F. Supplementary Information
Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes
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)?
Yes
• No
2b. Is this an after -the -fact buffer authorization application?
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Neither the owner nor the contractor, which did the installation, were aware that this
would be a violation of any kind, as artificial turf is used on numerous lots on Lake
Norman and installed within the Catawba River Buffer. The owners visited several
sites on lake Norman, where the same material was installed, within both Zone 1 and
Zone 2. They were told repeatedly that no approval was sought or required. Plus, an
exhaustive review of 15A NCAC 02B .0614 before the artificial turf was installed, did
not disclose any mention of artificial turf one way or the other.
*"See attached Disclaimer—
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
u

Additional Attachments: Click the upload button or drag and drop files here to attach document
Enhanced shoreline to scale.pdf
525.82KB
Landscape Plan .pdf
293.92KB
Tree Removal near neighbors dock.pdf
818.69KB
Tree Removal of 2 in RR shoreline.pdf
572.59KB
Tree Removal of 2 which have fallen in the lake.pdf
522.5KB
SYNLawn-SYNAugustine-X47-SAX47-USA.pdf
882.39KB
Champion Panel System.pdf
2MB
Letter of Approval 21-0026 withCertificate of
1.34MB
Completion.pdf
Non -Compliance -NOV - Cox#2.docx.pdf
827.34KB
PDF only
Additional Comments:
This Application is submitted for the purposes of resolving a disputed claim on the
part of DWR/DEQ and is for settlement purposes only, and neither the fact of, nor any
provision contained in this Application or its Exhibits, nor any action taken hereunder
by either DWR/DEQ or the Applicant(s), shall constitute, be construed as, or be
admissible in evidence as an admission of the validity of any claim or any fact alleged
by DWR/DEQ, or agents acting on their behalf, in this action or in any other action, or
of any wrongdoing, fault, violation of law, or liability of any kind on the part of the
Applicant(s) of any claim or allegation made by DWR/DEQ, in this or any other action,
or as any admission by the Applicant(s).
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: * Michael W. Burkhard
Signature
Ac6ael1v %r-kkr-cJ
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation project?*
ID#*
Version:
Select Reviewer:
Select Reviewing Office*
Has payment been received?*
• Yes No
Yes
• No
20220323
1
Doug Perez:eads\djperez
Mooresville Regional Office - [phone]
• No Payment Needed
Fee Received
Need Fee - send electronic notification