20071984 Ver 1_More Info Received_20080429

041,2912008 13:46 7046628735 SMEINC PAGE 01/03
Fax Transmittal
Et iV?litO?MEWR1EhAAk SdC ES
SM E I-Tlc.
3 85 'l'imber Road, Suite 104
11! tooresville, N.C. 28J15
[phone]
tivww.Snaeinc.coM
Date:
To:
Fax #=
Re:
Comments:
From,
/Tax #: (704)
Email:
-Wof Pages:
This cover sheet and the doCuhments accernptgtying this fax tronsmL%sioo contain information "M 58eM Inc., which is eanfJdentJal
and legally privileged. The information is intodcd only for nst; of the individual or entity named on this tran6MLSOM ? ? ?
are not the intended recipient. you arc hereby notified that any disclosure, copying, distttbtnion or taking any action in these dueumcnis is strietty prohibited.
Sl@W SFG-001
(Rev. 1105)
APR-29-2008 TUE 13:47 TEL:[phone] NAME:DWQ-WETLANDS P. 1
04(29/2008 13:46 7046628735 SMEINC PAGE 02/03
Len .Bealer
Kenneth Sealer Homes
P.O. Box 3398
Mooresville, NC 28117
Project: 438 Tuskarora Trap! Lot 23
County: Irede11
DWQ#: 2007-1484
COE#: Dome given
EEP #: YLF-2008-5940
r-d?l
osyste.
PROC RAM
YWOICE
April 14, 2008
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404/LAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEFP). In accordance with
15A NCAC 21-1.0500, the amount you owe is based upon the 2007-08 Fee Schedule and has been calculated as follows (Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call
Valerie Mitchener at [phone].
Habitat Type invoiced Amount Fee Se)bedule Cost
S
Riparian Wetlands 0 acres x $ 29,351.00 =
-
676
00
$
1144 S
Nan-riparian Wetlands 0 acres x
.
,
x $ 1
=
754.00
$
Coastal Wetlands 0 acres
0 linear feet ,
_
x $ 245.00
Stream
Buffer (Zones 1) 30,000 square feet x $ 0.96 $28,800.00
TOTAL AMOUNT DUE if paid within 60 days 528,>s00.00
1 f payment is not received within 60 days of the date of this invoice, it will expire. Note that your permit(s) may require payment
before this date. Subsequent invoices will be based on the fee schedule in effect on the date they are issued. Please send a check
payable to NCEEP for the Total Amount Due to the appropriate address below and enclose a copy of this invoice.
US Mail:
NCDEN]R Ecosystem Ealhsneemcut Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Physical Address (for other delivery services):
NCDENR Ecosystem Enhancement Program
2778 Capital Boulevard, Suite 18103
Raleigh, NC 27604
Please note that a payment made to NCEEP is not reimbursable unless a request. for reimbursement is received within 12 months of
the date of the receipt. Any such requeq must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded- if the ac,_ unt name on the check iS not the same as the permit holder's mmn lease include a
siencd statement by the peimit holder that the check is in written n behalf of and with full kn wlcd a and uthorization of the
nnieg t holder.
YOU MUST BE IN POSSMION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO AUTHORIZED BY THE DEPARTMENT OF ARM 404 PERMIT ANDIOR'1 THE 401 WATER QUALTTY CERTIFICATION.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Amy Chapman, NCDWQ-Wetlands/401; Thelma Hemmingway- l-ISACE, Wilmington
Toney Jacobs, agent
File
)Wtoriii5- EKAA".,. Prrt" O" Stag MCDWR
North Carolina Ecosystem Enhancement Program, 1552 Mail Service Center, Raleigh, NC 27699-15521919-715-04781 www.nceep.net
APR-29-2808 TUE 13:47 TEL:[phone] NAME:DWQ-WETLANDS P. 2
04/29/2008 13:46 7046628735
SMEINC PAGE 03/03
S&ME
April 29, 2008
Firs'! Urgft: Notes of understanding between Cyndi K.aroly, I_,en Beater, Dana Poteat, and
Toney Jacobs
KBH is willing to pay the $9600 fee to EEP for potential use of the buffer. if this area
is never used for septic repair, then EEP, Buffer Protection, and K.BH will be pleased to
know that EEP has used the money wisely for environmental enhancement, KBH or its
assigns will never make a claim. for refund, even if another disposal method is found.
Should future technology become available that would allow a septic repair without
infringement on the buffer, this technology will be used.
By paying the fee to EEP the buffer can be used to repair the septic anytime in
perpetuity and is not limited to the next five years. Also, the permit does not have to be
renewed every five years.
SWE, INC. 1385 Timber Road, Suite 107 1 Mooresville, NC 28115-7899! p 704,662.8625 f 704.662.87351 www.smeinc.com
APR-29-2008 TUE 13:47 TEL:[phone] NAME:DWQ-WETLANDS P. 3

03/17/2008 13:45 7046628735
W2-Z2-'MV 14! :3'l FWM-DENR REP
f r! r .,i 2008
DENR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Len Heeler
Kennoth Basler Hoaus
PO Hoe 339$
Moorasville, NC 211117
SMEINC PAGE 02/02
9197152801 T-279 P81 U-648
tall
JaRCM-ent
ROM"
J"xry 24, 2008
Bxplratton of Acceptaeow, J 24,;M
Pn4ect: 439 Tuslaunom Tr?W Lot 23 County: IMELL
The purpose of dais letter is to notify you that the North Carolina Ecosystem 13nhancamew Pro®ram mmp) is wwing to
accept payrnent for impacts associated With the above referhnced project, Please note that this decision does not tosure that
the paymot w0l be approved by the permit issuing agencies as mitigation for pNoct impacts. It is the repoWbiRy of the
applicant to contact these agencies to determine if paynteot to the NCMF will be, approved,
This aceaptaace it valid for six months from the date of this letter and is not uwafarabit, if we h&V* not
two" ok copy of
the issued 404 Permit/401 CardfleatIOWCAMA, permit witttiu this d w fcume, this ?KeepuAft wm MOM It is the
applicant's responsibility to seed copies of the permits m NC M, Once ]g47_'.EP tocoivep a copy of the permit(s) an invoice
will be issued bused on the rrgttit'ed ndtiption in that petit and payment Ironer be Mxk pft to conducting rho wutharizW
work Mw amount of the In Lieu Fee to be paid to NCIMP by an applicant is caloula;&W based 2000 lire fts t3o11edulo and
policies listed at WWWAeeep,net.
Based on the inforruation supplied by you the impacts that may require compensatory mitigation at+s summarized in the '
following rahle. .
:ATAWEA Stream
03950101
0 4 0
0 0
0
Upon receipt of paymant, 7BEP will take responsibility for prwiiding the compensatory mitigation. 1f the regulaoay a=er4jw
require mitigation erediu greater than indicated above, sped tht: applicant wants,NCMP to be raspoasible for toe additional
mitigation, the applicant will titled to submit a mitigation request to MEW for approval prior to posit issuance. no
mitigation will be performed is accordance with the Memorandum of Understa4ng boweea the N. C. Department of
Environment,and Natural Resources and this U. S, Army Corps of Engineers dated November 4,1998,
if you have any questions or need additional intorulstion, please GOMACt Kelly ViWUhasns 41 [phone],
sincerely,
wili D. Gilmore, PE
Director
cc, Cyndi Kwoly, NCDWQ Wedands1401 Unit
Amy Chapman, NCDWQ-'Wettands/401 Unit (2OV7-1993)
Toney lawba, ageat
File
Pro" Char.
.f tA.
AMIAL
MM.
North Carolna Coosystem Enhancement Program, 1652 Mall Service Center, Malelgh, NC 27699-1852 / 818.71641476 / ww w,ncee?p.net
MAR-17-2008 MON 13:48 TEL:[phone] NAME:DWO-WETLANDS
(Sq. PQ _1. (Sq FL)
3"" t-
P. 2
0? W ATF90G Michael F. Easley, Governor
y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 18, 2008
DWQ # 2007-1984
Iredell County
Kenneth Bealer Homes
Attn: Mr. Len K. Bealer
PO Box 3398
Mooresville, NC 28117
Subject Property: Lot 23 Tuskarora Point, 438 Tuskarora Trail, Mooresville, NC
Lake Norman [030832, l l-(75), WSIV, B, Ca]
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules VARIANCE [15A NCAC 2B
.0243(9)] witb ADDITIONAL CONDITIONS
Dear Mr. Bealer,
You have our authorization, in accordance with the conditions listed below, to impact 5,000
square feet (ft) of Zone 2 of the protected buffers to construct the proposed septic repair area on the
subject property as described within your variance request dated November 1,,2007, received by the
Division of Water Quality (DWQ) on November 19, 2007 viith additiotial-informati> n received by DWQ
on January 8, 2008. This letter shall act as your Variance authorization as described within 15A NCAC
2B .0243(9). In addition, you should get any other required federal, state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control, This authorization
shall expire five years from the date of this authorization.
This authorization is only valid for the purpose and design that you described in your Variance
Request. If you change your project, you must notify us and you may be required to send us a new
request for authorization. If the property is sold, the new owner must be given a copy of this
authorization and is thereby responsible for complying with all conditions. For this authorization to be
valid, you must follow the conditions listed below.
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0243 shall
occur to Zone 1 of the protected riparian buffers.
2. Deed Restrictions
Len K. Bealer of Kenneth Bealer Homes (permittee) shall execute and cause to be
recorded in the Iredell County Register of Deeds restrictive covenants acceptable to the
Division of Water Quality for the purpose of maintaining the riparian buffers, as shown
on the recorded plat (Lot 23 Tuskarora Point, Mooresville, NC), in their natural state in
N' hCamlina
401 Overs4htlExpress Review Permits Unit NWA(rally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2311 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet, htto://h2o,enr.state.nc.us/nmetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/1 0% Post Consumer Paper
March 18, 2008
Kenneth Bealer Homes
Page 2 of 3
perpetuity, prior to the sale or conveyance of Lot 23 Tuskarora Point in Mooresville, NC.
The permittee shall enforce the terms of the restrictive covenants and, prior to
conveyance of the subject property, shall take no action on the subject site described in
the covenants inconsistent with the terms thereof. This requirement excludes riparian
areas authorized for impacts in accordance with this minor variance approval. The
permittee shall provide a copy of the recorded restrictive covenants to the Division of
Water Quality within 15 days of recording.
Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Mitigation: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be
a suitable method to meet the mitigation requirement. Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no
impacts specified in this Authorization Certificate shall occur. Kelly Williams of EEP
should be contacted at [phone] if you have any questions concerning payment
into a restoration fund. You have one month from the date of this authorization to make
this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Buffer Restoration Fund to meet the following compensatory
mitigation requirement:
Compensatory
Mitigation Required Reference
Mitigation
Plan sheet in Additional
Zone 2 Buffers 5,000 (square feet) Information Received 10,000 (square feet)
on 1-08-08
Notification
You must notify Amy Chapman of the 401 Wetlands Unit, 2321 Crabtree Blvd, Suite
250, Raleigh, NC 27604 and Alan Johnson in the Mooresville Regional Office at 610
East Center Avenue, Mooresville, NC 28115 in writing at least thirty (30) days prior to
using the proposed septic repair area.
If you do not accept any of the conditions of this authorization, you may ask for and 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Catawba River

March 18, 2008
Kenneth Bealer Homes
Page 3 of 3
Riparian Buffer Protection Rules [15A NCAC 2B.0243(9)]. Please call Cyndi Karoly or Amy Chapman
at 919-733-1786 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
(??
Coleen H. Sullins
Enclosure: Certificate of Completion
NC EEP Letter
cc: Alan Johnson, DWQ Mooresville Regional Office
Toney Jacobs, S&ME, 385 Timber Road, Suite 104, Mooresville, NC 28115-7899
Kelly Williams, NC EEP
File Copy
Central Files
CHS/cbk/asc
File: 071984Lot23TuskaroraPoint(lredell)VAR
O?O? W AT ?9pG
r
L
o r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Len Bealer of Kenneth Bealer Homes, has permission as outlined below
to fill or otherwise impact 5,000 square feet of Zone 2 of the Catawba River Basin protected riparian buffer to
construct a proposed septic repair area at the site, which is located at Lot 23 Tuskarora Point, 438 Tuskarora Trail
in Mooresville, NC in Iredell County, North Carolina. All activities associated with these authorized impacts must
be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2007-1984
LOCATION: Mooresville
COUNTY Iredell
BASIN/ SUB BASIN Catawba/03050101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
5Feet Zone 1 Buffers 10,000 Square Feet Zone I Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071984Lot23TuskaroraPoint(Wake)401 _NBR_EEP
Np `SthCaro 3na
QtllCQ l
401 Oversight/Express Review Permitting Unit ,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http:/Iwww.nowaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper