20060323 Ver 1_COMPLETE FILE_20060327

OW A T ?9QG
o - ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 9, 2006
DWQ Project # 06-0323
County: Iredell
Cypress Landing, LLC
Attn: Mr. Bart Hopper
1518 E. Third Street, Suite 200
Charlotte, NC 28204
Subject Property: Cypress Landing, Mooresville, NC, Iredell County, NC
Reeds Creek [030832, 11-104-2, WSIV B, Ca]
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules (15A NCAC 2B.0243) with
ADDITIONAL CONDITIONS
Dear Mr. Hopper:
You have our authorization, in accordance with 15A NCAC 02B .0243 and any conditions listed below,
to impact approximately 1,320 square feet (ft) of Zone 1 of the protected riparian buffers and 270 square
feet (ft) of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed deck and
associated stairs at the subject property as described within your application dated February 21, 2006 and
received by the Division of Water Quality (DWQ) on February 27, 2006 with additional information
received by DWQ on March 30, 2006; April 6, 2006; April 7, 2006; July 5, 2006; and July 9, 2006. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge regulations.
This authorization is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this authorization and authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Authorization are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Authorization (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
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: httn://h2o.enr.state.nc.us/ncwetlands
No?? hCarolma
,71 Rurally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Cypress Landing LLC '
Page 2 of 2
August 9, 2006
Amount Approved Units Plan Location or Reference
Buffers (Zone 1) 1,320 (square ft.) Plan sheet with revision date of
July 24, 2006 & pg 2 of Minor
Variance application
Buffers (Zone 2) 270 (square ft.) Plan sheet with revision date of
July 24, 2006 & pg 2 of Minor
Variance application
2. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, 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.
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B.0243.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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://h2o.enr.state,nc.us/ncwetlands
tIt Carolina
llmil'il
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 2
August 9, 2006
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Authorization Certificate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at: http://h2o.enr.state.ne.us/ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213
.0243. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman at
[phone]. This letter does not authorize any impacts to either Waters of the United States or
Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water
Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk/asc
Enclosures: Certificate of Completion
cc: Estes Design, Inc; Attn: Mr. Christopher J. Estes, RLA, ASLA; PO Box 79133; Charlotte, NC 28271-7050
Alan Johnson, DWQ Mooresville Regional Office
File Copy
Central Files
Filename: 060323 CypressLand ing(Iredel I)CBR
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: hitn://h2o.enr.state.nc.us/nc%vetlands
One
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Estes Design 1nG.
Environmental Design & Consulting
August 7, 2006
Ms. Amy Chapman
NC DENIER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject: Cypress Landing Minor Buffer Variance Request - Revised Deck Plan
Dear Ms. Chapman,
As per your request the developer will plant an additional six trees making the total
number of trees planted twelve (12). The additional trees will be Redbuds and
Dogwoods planted along the trail and steps area of the deck as indicated on exhibit.
Installation and a one time fertilization of the new trees will be completed by
November 15, 2006.
If there are any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is [e-mail],
Office- 704.841.1779, and Cell 704.400.1483.
Sincerely,
President p@ nwoD
Christopher J. Estes, RLA, ASLA

AUG 0 9 2006
t rrtJ{t - WATER QUALITY
UTWO AND STMUIX ;1TER rr't XH
9 P.O. Box 79133 Charlotte, N.C. 28271-7050 9 Phone [phone] Fax [phone]
\
760 COP
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PROPOSED TRAIL
\ (SEE NOTE #4

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1
! (20 ZONE 2
PRO" SED l /
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9 TREES
1b / DISTURBED AREA=
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('VITHIN DASHED LINE)
1320 SF ZONE 1 DISTURBANCE
1 Rb \ \ 270 SF ZONE 2 DISTURBANCE
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PROPOSED TRAIL
(SEE NOTE P-4)
NOTES:
1. Deck height shag be approx. 3 to 4', measured
from exist. grade to deck surface.
2. Proposed native tree speclas to be planted shall
Include but are not United to the following list. If
alternate tree species are planted, they shag be
native species.
Symhnl Cnmmnn Name Srl?n:HV Name TYpe
Oak WClow Oak Quercus phsllos large maturing
Rb Redbud Cards canadensis small maturing
Ow Dogwood Corpus florlda small maturing
3. Piantad trees shag be 1" to 1-1/2' caliper
minimum and shag conform the accepted
standards es`ablished by the American
Association of Nurserymen.
4. Proposed trails shown on plan shall be
Instagad at grade wlh no Impact to existing
buffer. Final Crag location shalt be Fleld located
to avoid existing trees.
LEGEND:
{ 0 3 EXISTING TREE TO RENIAIN
O+ PROPOSED SMALL NJ PROPOSED SMALL MATURING TREE
0 PROPOSED LARGE MATURING TREE
1-Oak QUANTITY AND PLANT SYMBOL
CYPRESS AMENITY AREA
DECK STRUCTURE PLAN
FOR
NEW SOUTH PROPERTIES
Dato: 2-15-06
rev. 16 Scale: 1"= 10'
Job r4.: 060 OG012 0 20
By: CG
Estes Design Inn.
Environmental Design & Consulting
July 24, 2006
Ms. Amy Chapman
NC DENER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject: Cypress Landing Minor Buffer Variance Request - Revised Deck Plan
Dear Ms. Chapman,
I have included a more specific plan for your use for your review. The current
plan does not require that any healthy trees greater than 3"dbh be removed. A
dying 3"- 4" Cherry will be removed as previously discussed, and replaced with a
Willow Oak. An additional six (6) small maturing trees will be planted as shown
on the plan (3 Red buds & 3 Dogwoods). Installation and a one time fertilization
of the new trees will be completed by November 15, 2006.
If there is any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is ChrispEstesDesign.com,
Office- 704.841.1779, and Cell 704.400.1483.
Sincerely,
Christopher J. Estes, RLA, ASLA
President

JUL 3 1 2006
L)Er?R - WATER QUALITY
'sE111NDS 1?0 ST(. RM'VA'IFjJ 131WNCH
• P.O. Box 79133 Charlotte, N.C. 28271-7050 9 Phone [phone] Fax [phone]

(30' FR ZO NOTES:
\ O4N f E & U FFFR 1. Deck height shag be approx. 3 to 4', measured
? NT U / from exIsL grade to deck surfam.
760 CONTOO PROPOSED TRAIL l ION
\ (SEE NOTE 94) (20 FROMBUFFE 2. Proposed native tree species to be planted shall
IONS 1 / Include but are net limited to the follawing ilst. It
POWER RYV alternate tree spedos are planted, they shat be
PROPOSED/ native species.
SMALL Symbol Common Name ScIen'ilc Name Type
MATURiN(J Oak Willow Oak Querns pheLos large maturing
<< 5'OAa \
*?5?? ` ?\ ?a" " TREES Rb Redbud Cerds canadensis small maturing
3 ',,AX 1 Dw Dogv:ood Comus fiorida small maturing
3-CRY + 1 / 3. Planted trees shat be 1" to 1-11r caliper
+ minimum and shall conform the accepted
standards established by the American
EXIST. TREE +\ DISTURBED AREA= Association of Nurserymen.
TO REMAIN 1•Rb / 4. Proposed tra73 shown on plan sM3 be
(TYP.) 1 :1,590 SF Installed at grade wish no Impact to existing
14D++ / (WITHIN DASHED LINE) buffer. Final ball location shall be field located
a• ieaav°, to avoid existing trees.
4THE'd?RV ? .+ / 5' / 1320 SF ZONE 1 DISTURBANCE l / 270 SF ZONE 2 DISTURBANCE
1-Rb IN,
+ +
+ +/•764 / \ \\
+1-763
ELEV. ELEV. (PROP.) ` ^? \ \
(PROP. 1-Dw '? \
+ \ ??e? \ \ \\\ LEGEND:
\
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EXIST. TREE \\ \
a st;zci. TO REMAIN \ \ \ \ O+ PROPOSED SMALL MATURING TRE=
(TYPJ l ? ?\ A
\
PROPOSED LARGE MATURING TREE
CUT OUTS IN \ `i L? ati \ 1-0ak QUANTITY AND PLANT SYMBOL
l ?2 \ v
PROPOSED DECK 3'CHER' V °
TO BE PROVIDED ti6 ar \
TO PROTECT - 'V \
EXISTING TREES \
\
(HATCHED)
\
CYPRESS AMENITY AREA
q /O• ?J?
1 -Oak DECK STRUCTURE PLAN
/
Y 760 CONTOUR FOR
PROPOSED TRAIL NEW SOUTH PROPERTIES
E=Z cvR AssocuTES (SEE NOTE #4)
Datc: 2.15-06
g °E .w»..a_5?? ?r?.,.ac" r A, (/ rev. 7-24-CG Scale: 1"a IV
PROPOSED &ILIA Job 9: C6012 0TH 10, 20'
V cn.?'v How LARGE \ By: CG
MATURING TREE f I
about:blank
1 of 1
Hi Chris.
I need for you to mail me a letter outlining the mitigation for the impacts to the buffers. Specifically, I
need type of trees to be replanted, when they'll be replanted and if/when the one-time fertilization will
occur.
Thanks.
-Amy
(I also wanted to let you know I'm out next week).
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401 /Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
7/14/2006 2:18 PM
\
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760 CONTOOR?
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EXIST. TREE
TO REMAIN
(TYP.)
N?

(30•F0 O&1 6
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PROPOSED TRAIL ZO
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•

AK TREES /
Y +

DISTURBED AREA=
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/ 1+ (WITHIN DASHED LINE)
/ 5' 1320 SF ZONE 1 DISTURBANCE
1 /
270 SF ZONE 2 DISTURBANCE
1-Rb
-)- /
+
33 +
/-764
ELEV
(PROP
) ` ^ \
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EXIST. TREE \
TO REMAIN
\ \
(TYP-) \
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CUT OUTS IN
PROPOSED DECK
TO BE PROVIDED
TO PROTECT
EXISTING TREES
(HATCHED)

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PROPOSED TRAIL
(SEE NOTE #4)
NOTES:
1. Deck height shall be approx. 3 to 4', measured
from exist. grade to deck surface.
2. Proposed native tree species to be planted shall
include but are not limited to the following list. If
alternate tree species are planted, they shall be
native species.
Symbol Common Name Scientific Name Type
Oak Willow Oak Quercus phellos large maturing
Rb Redbud Cercis canadensis small maturing
Dw Dogwood Comus Honda small maturing
3. Planted trees shall be 1' to 1-112' caliper
minimum and shall conform the accepted
standards established by the American
Association of Nurserymen.
4. Proposed trails shown on plan shall be
installed at grade with no impact to existing
buffer. Final trail location shall be field kxated
to avoid existing trees.
LEGEND:
( o } EXISTING TREE TO REMAIN
\ PROPOSED SMALL MATURING TREE
O+ /
0 PROPOSED LARGE MATURING TREE
1Oak QUANTITY AND PLANT SYMBOL
CYPRESS AMENITY AREA
DECK STRUCTURE PLAN
FOR
NEW SOUTH PROPERTIES
Date: 2-15-06
rev. 7-24-06 Scale: 1"= 10'
PROPOSED Job #: 06012 © 10,
LARGE By: CG
MATURING TREE
Estes Desion c,
Environmental Design & Consulting
August 7, 2006
Ms. Amy Chapman
NC DENER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject: Cypress Landing Minor Buffer Variance Request - Revised Deck Plan
Dear Ms. Chapman,
As per your request the developer will plant an additional six trees making the total
number of trees planted twelve (12). The additional trees will be Redbuds and
Dogwoods planted along the trail and steps area of the deck as indicated on exhibit.
Installation and a one time fertilization of the new trees will be completed by
November 15, 2006.
If there are any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is [e-mail],
Office- 704.841.1779, and Cell 704.400.1483.
Sincerely,
e '. L 9*W-
Christopher J. Estes, RLA, ASLA
President
• P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone [phone] Fax [phone] •
Estes Des i jpp._
Environmental Design & Consulting .
June 29, 2006
Ms. Amy Chapman
NC DEN ER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject: Cypress Landing Minor Buffer Variance Request - Revised Deck Plan
Dear Ms. Chapman,
have included a Variance Request Form for Minor Variances with associated
maps and exhibits for your review. The trees were more accurately surveyed as
evident on the new plan. The proposed deck was also shifted 2-3 feet back from
the lake. The current plan does not require that any healthy trees greater than
3"dbh be removed. A dying 3"- 4" Cherry will be removed as previously
discussed, and replaced with an Oak.
If there is any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is Chris EstesDesign.com,
Office- 704.841.1779, and Cell 704.400.1483.
Sincerely,
ti •
Christopher J. Estes, RLA, ASLA
President
R [P= -G. LP.0Wr97__' B
JUL 0 5 2006
DENR - WATER QUALITY
IKETlANDS AND STQRlAWATER BRANCH
• P.O. Box 79133 Charlotte, N.C. 28271-7050 . Phone / Fax [phone]
OFFICE USE ONLY: Date Received
Version 2: November 2002
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule
(15A NCAC 02B.0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy Protection and Maintenance of Riparian
Areas Rule (15ANCAC 02B.0259)
i Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers (15A NCAC 02B.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Bart Hopper, Cypress Landing, LLC
1518 E. Third Street
Suite 200
Charlotte, NC. 28204
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Mr. Bart Hopper
Title: Managing Member
Street address: 1518 E. Third St Suite 200
City, State, Zip: Charlotte NC, 28204
Telephone: ( 704 )927-2882
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Jack Thomas
Telephone: Same
Fax: Same
Email: ithomas@.newsouthprop.com
Q
Variance Request Form 0 5 2006
Version 2: November 2000 J U L
DENR - WATER QUALITY
WETLANDS A140 STORMWATER BRANCH
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Cypress Landinq
5. Project Location:
Street address: Cypress Landing
City, State, Zip: Mooresvile NC
County: Iredell
Latitude/longitude: N667543 S1450391
6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
Take 1-77 N to HWY 21 North. Go approx 1 mile Turn Left into Cypress Landing. The site is
located off of HWY 21 lust North of Huntington Ln. Mooresville NC.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
NA
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
Yes Yes 7/22/05
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity (Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]:
The proposed Activity requires impact of 1590 square feet. Within this area exists 4 trees equal
to or greater than 3" dbh. The remaining trees
The proposed work includes the construction of a raised
wooden deck between the 760 contour of Lake Norman and an existing Duke Power maintained
Right of Way. The existing veqetation within the buffer is thin and contains some dead or dying
trees. The existing trees are a mixture of understory and young hardwoods. The construction of
the raised deck would incorporate 4 existing hardwoods through the deck and allow them to grow to maturity.
Additional planting of large maturing hardwoods around and adjacent to the deck would replace any trees
that would be removed.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
Variance Request Form
Version 2: November 2000
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Very little room exists due to the encroachment of the Duke Power, sewer right-of-ways and
storm water BMP's. The size of proposed designed structure is already minimized due to these
restrictions and functional requirements as a viewing area.
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
The proposed activity will be constructed without any grading. Any removed trees under 3" will be cut with
the roots left intact. Removed trees will be replaced with more desirable large maturing
hardwoods such as willow oak, green ash & maple or additional native species as requested by
the DWQ representative. A tree survey was conducted with all trees equal to and greater than 3"
dbh to fascilitate feasible tree saves. No trees greater than 3" dbh will be removed.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Strict application of this rule would deny a controlled functional pedestrian viewing area for the
residents of this development. There is concern that without the formal control of viewing access
for this area would result in residents forming their own pedestrian traffic access resulting in a
less maintainable area or areas.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
This sites south & West boundary consists of wetlands & lakeshore respectively. The owners are
aware that residents will most likely access these areas for passive recreation and would prefer
that it be done in a controlled manner to reduce maintenance and impact issues related to
aesthetics and the overall quality of the site. Given the option, residents will most likely value
these important areas with an increased sensitivity and stewardship with designed controls.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural storm water best
management practices required by this variance shall be located in recorded storm water
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Estes Desiqn Inc.
Mailing address P.o. Box 79133
City, State, Zip: Charlotte, NC 28271
Telephone: [phone]
Fax: [phone]
Variance Request Form
Version 2: November 2000
Email: Chriscn?EstcsDcsinn.com
Part 5: Appli ?t's CeUl ication
1, T. P4 r t Q / (print or type name of person
listed in Part I, Item 2), certify thaPi e: nformation included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in ac c dance with Part 5 of this form will be recorded with all required permit
conditions. 1
Signature: ! tiV L
Date:
Title: /V?'? ^Sl fr ^ L t--C"
Variance Request Form
Version 2: November 2000
760 CONTODR?
POWER RW
t• 5^?R../?FA
3'Cf
EXIST. TREE
TO REMAIN
(TYP.)
x 4' IERRYlf
/ 4'OHE RYc ;CUT OUTS IN
PROPOSED DECK
TO BE PROVIDED
TO PROTECT
EXISTING TREES
(HATCHED)
N?
(30' FRON, ?1 UFFER
N7
PROPOSED TRAIL
(SEE NOTE tl4)
tRY + \
+? J
+/.764
ELEV. (PROP.) \ .?
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(TYP.)
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DPR ASSOCIATES
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NOTES:

1. Deck height stag be approx. 3 to 4', measured
from exist. grade to deck surface.
o R?Z BUFFE
/ / /
R
MZONE / 2. Proposed native tree species to be planted shall
I
l
d
b
t
t li
it
d
f
i
nc
u
e
u
are no
m
e
to the
ollow
ng LL No
/ single species quantity shag exceed 20% of total
PROPOSED/ / trees planted. If afternate tree species are
SMALL planted, they shag be native species.
MATURING/ /
Common Name Scientific Name
TREES
/ Willow Oak Ouercus pheilos
River Birch Betul
i
t
l
i
a n
gra
J arge ma
ur
ng
Red Maple; Acer rubrum
Redbud Cards canadensis small maturing
/ Dogwood Cornus florWa

DISTURBED AREA= 3. Planted trees shag be 1" to 1-1/2" caliper
/ minimum and shag conform the accepted
t1,590 SF standards established by the American
(WITHIN DASHED LINE) Association of Nurserymen.
1320 SF ZONE 1 DISTURBANCE 4. Proposed trails shown on plan shag be

\ 270 SF ZONE 2 DISTURBANCE installed at grade with no impact to existing
ff
b
Fi
h
l
l l
i
f
/ \ er.
u
na
trai
ocat
on s
ag be
ield located
to avoid existing trees.

\
\\\
?? \ LEGEND:
\
\
y?
\ \ \ \ EXISTING TREE TO REKWN
\ /I\\\ \ ` + PROPOSED SMALL MATURING TREE
\
PROPOSED TRAIL
(SEE NOTE W)
CYPRESS AMENITY AREA
DECK STRUCTURE PLAN
FOR
NEW SOUTH PROPERTIES
Date: 2.15-06
rev.6-22-06 Scale: 1"= 10'
Job #: 06012 06012 0 s in 20'
By: CG o-
OFFICE USE ONLY: Date Received Request #
Version 2: November 2002
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule
(15A NCAC 028.0233)
• Tar-Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy Protection and Maintenance of Riparian
Areas Rule (15ANCAC 02B.0259)
• Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Bart Hopper, Cypress Landing, LLC
1518 E. Third Street
Suite 200
Charlotte, NC. 28204
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Mr. Bart Hopper
Title: Managing Member
Street address: 1518 E. Third St Suite 200
City, State, Zip: Charlotte NC, 28204
Telephone: ( 704 )927-2882
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Jack Thomas
Telephone: Same
Fax: Same
Email: ithomas newsouthprop.com
Variance Request Form
Version 2: November 2000
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Cypress Landing
5. Project Location:
Street address: Cypress Landing
City, State, Zip: Mooresvile NC
County: Iredell
Latitude/longitude: N667543 S1450391
6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the USGS
topographic map indicating the location of the site):
Take 1-77 N to HWY 21 North. Go approx 1 mile Turn Left into Cypress Landing The site is
located off of HWY 21 iust North of Huntington Ln. Mooresville NC
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
Yes Yes 7/22/05
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]:
The Proposed Activity requires impact of 1590 square feet. Within this area exists 4 trees equal
to or greater than 3" dbh. The remaining trees
The proposed work includes the construction of a raised
wooden deck between the 760 contour of Lake Norman and an existing Duke Power maintained
Right of Way. The existing vegetation within the buffer is thin and contains some dead or dying
trees. The existing trees are a mixture of understory and young hardwoods. The construction of
the raised deck would incorporate 4 existing hardwoods through the deck and allow them to grow to maturity.
Additional planting of large maturing hardwoods around and adjacent to the deck would replace any trees
that would be removed.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
Variance Request Form
Version 2: November 2000
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Very little room exists due to the encroachment of the Duke Power, sewer right-of-ways and
storm water BMP's. The size of proposed designed structure is already minimized due to these
restrictions and functional requirements as a viewing area.
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
The proposed activity will be constructed without any grading. Any removed trees will be cut with
the roots left intact. Removed trees will be replaced with more desirable large maturing
hardwoods such as willow oak, green ash & maple or additional native species as requested by
the DWQ representative. A tree survey was conducted with all trees equal to and greater than 3"
dbh to fascilitate feasible tree saves.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Strict application of this rule would deny a controlled functional pedestrian viewing area for the
residents of this development. There is concern that without the formal control of viewing access
for this area would result in residents forming their own pedestrian traffic access resulting in a
less maintainable area or areas.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
This sites south & West boundary consists of wetlands & lakeshore respectively. The owners are
aware that residents will most likely access these areas for passive recreation and would prefer
that it be done in a controlled manner to reduce maintenance and impact issues related to
aesthetics and the overall quality of the site. Given the option, residents will most likely value
these important areas with an increased sensitivity and stewardship with designed controls.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural storm water best
management practices required by this variance shall be located in recorded storm water
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Estes Design Inc.
Mailing address P.o. Box 79133
City, State, Zip: Charlotte. NC 28271
Telephone: [phone]
Fax: [phone]
Variance Request Form
Version 2: November 2000
Email: ChrispEstes Design. com
Part 5: Appli Vs Certi ication
I, _ T. _ C-r. ?-Q_ ?- - __ (print or type name of person
listed in Part I, Item 2), certify lha I elnfcrmation included on this permit application form is
correct, that the project will be cons ructed in conformance with the approved plans and that the
deed restrictio in ac o dance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
2/ -- - -
Date: -2- r
- Pre'> 4 ('?J- L
Variance Request Form
Version 2: November 2000
Estes Desi, n Inc,
Environmental Design & Consulting
June 29, 2006
Ms. Amy Chapman
NC DENER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject: Cypress Landing Minor Buffer Variance Request - Revised Deck Plan
Dear Ms. Chapman,
I have included a Variance Request Form - for Minor Variances with associated
maps and exhibits for your review. The trees were more accurately surveyed as
evident on the new plan. The proposed deck was also shifted 2-3 feet back from
the lake. The current plan does not require that any healthy trees greater than
3"dbh be removed. A dying 3"- 4" Cherry will be removed as previously
discussed, and replaced with an Oak.
If there is any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is Chris(a-). Estes Design. com,
Office- 704.841.1779, and Cell 704.400.1483.
Sincerely,
Christopher J. Estes, RLA, ASLA
President
• P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone / Fax [phone] •
WOnk&
Environmental Design & Consulting
P.O. Box 79133 Charlotte, NC 28271
Ms. Amy Chapman
NC DENER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
\
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(SEE NOTE #4)
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EXIST. TREE
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(HATCHED)
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NOTES:
1. Deck height shall be approx. 3 to 4', measured
from exist. grade to deck surface.
2. Proposed native tree species to be planted shall
include but are not limited to the following list. No
single species quantity shall exceed 20% of total
trees planted. If alternate tree species are
planted, they shall be native species.
Common Name Scientific Name
/ vvmuw UaK uueruvs pneuus
River Birch Betula nigra large maturing
Red Maple Acer rubrum
Redbud Cercis canadensis
Dogwood Comus florida small maturing
DISTURBED AREA= 3. Planted trees shall be I* to 1-112• caliper
/ minimum and shall conform the accepted
f1,590 SF standards established by the American
\ / (WITHIN DASHED LINE) Association of Nurserymen.
?L 1320 SF ZONE 1 DISTURBANCE 4. Proposed trails shown on plan shall be
\ \ \ 270 SF ZONE 2 DISTURBANCE installed at grade with no impact to existing
/ buffer. Final trail location shall be field located
to avoid existing trees.
\ \
'Y \ yy??' \ \ \\\ LEGEND:
\
\ \ IN \ \ EXISTING TREE TO REMAIN
\ \ \ \ \ O+ PROPOSED SMALL MATURING TREE
\ \
\
\
\
\
PROPOSED TRAIL
(SEE NOTE #4)
CYPRESS AMENITY AREA
DECK STRUCTURE PLAN
FOR
NEW SOUTH PROPERTIES
Date: 2-15-06
rev. 6-22-06 Scale: 1'= 10'
Job #: 06012 © 1®
By CG I t
Re: Cypress Landing
Subject: Re: Cypress Landing
From: Amy Chapman <amy. chapman@ncmai 1. net>
Date: Fri, 05 May 2006 07:58:13 -0400
To: Chris Estes <[e-mail]>
CC: Alan Johnson <[e-mail]>
Sounds great Chris. The damaged tree will not be an issue to remove. Feel free to include that in the
revised plans.
Thanks.
-Amy
Chris Estes wrote:
1 of 3
5/5/2006 8:02 AM
Re: Cypress Landing
Hi Amy, I visited the site today with the developer and with some tweaking of the design and a more
accurate tree survey (previous was submeter GPS) we should be able to avoid removing any trees
and incorporate them into the deck. There is one damaged Black Cherry tree Y-4" that we would
like to remove and replace with an Oak if possible (if not we can work around that one also. I will be
waiting for a revised plan to send you along with some photos .............Chris
-----Original Message-----
From: Amy Chapman [mailto:[e-mail]]
Sent: Monday, April 24, 2006 2:07 PM
To: Chris Estes
Subject: Cypress Landing
Chris,
As per our discussion on the phone today, the Cypress Landing deck as it is proposed now
would require a major variance. This is due to the fact that trees greater than 3dbh would be
removed in Zone 1 of the protected buffers for the construction of the deck.
I've attached a copy of the major variance application form for the Catawba River Basin.
Feel free to call with any questions.
-Amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401 /Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: amy.chapmannnc!nail.net
<!--[if ! supportEmptyParasl --> <! -- [endifl -->
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Checked by AVG Free Edition.
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Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2 of 3 5/5/2006 8:02 AM
Chris,
As per our discussion on the phone today, the Cypress Landing deck as it is proposed now would
require a major variance. This is due to the fact that trees greater than 3dbh would be removed in Zone
1 of the protected buffers for the construction of the deck.
I've attached a copy of the major variance application form for the Catawba River Basin.
Feel free to call with any questions.
-Amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
1 of 1 4/24/2006 2:07 PM
I
Estes Design Inc.
Environmental Design & Consulting
April 5, 2006
Mr. David Robinson
N. C. Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Subject: Mitigation Fund Payment Acceptance Cypress Landing Subdivision
Mooresville, NC.
Dear Mr. Robinson,
On behalf of Mr. Bart Hopper of Cypress Landing LLC, I am requesting
acceptance by the NC Ecosystem Enhancement Program of a mitigation
payment of $3,121.80 for 3251.88 square feet of buffer impact. The project is
located in Catawba River sub-basin 03-08-32. The quantity of buffer impact was
calculated in coordination with Amy Chapman of NCDWQ.
If you have any questions or need any further information please contact me as
soon as possible. You may contact me via [phone].
Sincer lye
E'
Christopher J. Estes, RLA, ASLA
Cc: Amy Chapman, NCDWQ
• P.O. Box 79133 Charlotte, N.C. 28271-7050 9 Phone / Fax [phone]
Estes, Des i g nnj Inc,
Environmental Design & Consulting 4__?
April 5, 2006
Mr. David Robinson
N.C. Ecosystem Enhancement Program
1619 Mail Service Center
D?
Q 006
APR?6?
YJETIN?S os1con, 1ER6ftAttCN
VXT Raleigh, NC 27699-1619
Subject: Mitigation Fund Payment Acceptance Cypress Landing Subdivision
Mooresville, NC.
Dear Mr. Robinson,
On behalf of Mr. Bart Hopper of Cypress Landing LLC, I am requesting
acceptance by the NC Ecosystem Enhancement Program of a mitigation payment of
$3,121.80 for 3251.88 square feet of buffer impact. The project is located in
Catawba River sub-basin 03-08-32. The quantity of buffer impact was calculated
in coordination with Amy Chapman of NCDWQ.
If you have any questions or need any further information please contact me as
soon as possible. You may contact me via [phone].
Sincer ly
Christopher J. Estes, RLA, ASLA
Cc: Amy Chapman, NCDWQ
• P.O. Box 79133 Charlotte, N.C. 28271-7050 9 Phone / Fax [phone]
testes best n InG.,
Environmental Design & Consulting
?a
March 28, 2006
Ms. Amy Chapman
NC DENER Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject: Cypress Landing Minor Buffer Variance Request
Dear Ms. Chapman,
I have included a final revised plan illustrating the proposed Cypress Amenity
Area for your review. I have also included another copy of the Variance Request
Form - for Minor Variances previously sent under a separate cover. I also sent
Mr. Johnson a copy of the document for his files.
If there is any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is Chris(cDEstesDesign.com,
Office- 704.841.1779, and Cell 704.400.1483.
Christop'ler J. Estes, RLA,ASLA p Zk
MAR 3 -2006
M
tat
• P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone / Fax [phone] •
\
760 CONTOOR-
POWER RW

TREES TO BE

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+/-+764
ELEV. \
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/ PROPOSED
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MATURING /
TREES /
/
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/
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----
/ 11,750 SF
/ (WITHIN DASHED LINE)
/ 1535 SF ZONE 1 DISTURBANCE
/ 215 SF ZONE 2 DISTURBANCE
ryy \ \
NOTES:
1. Deck height shall be approx. 3 to 4', measured
from exist. grade to deck surface.
2. Proposed native lice species to be planted shall
include but are not limited to the following list. No
singe species quantity shalt exceed 201,b cf total
trees planted. If alternate tree species are
planted, they sha'I be native species.
Common Name Scieniifc Name
Willow Oak Qucrcus pheilos
River Birch Betula nigra large maturing
Red Maple Acer rubrum JJJ
Redbud Ceras canadansis small maturing
Dogwood Comusflonda
3. This plan shows the removal of 12 existing
trees. An effort will be made to save all trees
possible. For every tree removed for
construction of deck, one (1) tree shall be
planted. Small maturing trees shall be planted
adjacent to power line where large maturng
trees are not permitted by power company.
4. Planted trees shall be 1'to 1-112" caliper
minimum and shall conform the accepted
standards established by the American
Association of Nurserymen.
5. Proposed trails shown on plan shall be
installed at grado with no impact to existing
buffer.
LEGEND:
EXISTING TREE TO BE REMOVED
\ t
? Or PROPOSED SMALL MATURING TREE
+ ??+ PROPOSCD LARGE MATURING TREE
CYPRESS AMENITY AREA
DECK STRUCTURE PLAN
+ FOR
NEW SOUTH PROPERTIES
Date: 2-15-06
rev. 3-16-06 Scale: 15' 10'
Job X: 0601 06012 2 o s is zo'
By: CG Q?
OFFICE USE ONLY: Date Received _ Request # _- 0 -C
Fm OD
Version 2: November 2002 Uv O L7006
State of North Carolina MAR 3
Department of Environment and Natural Resources
Division of Water Quality DENR . WATER QUALITY
l...N J31JA STOP11NATER BIWCH
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
• Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule
(15A NCAC 02B.0233)
• Tar-Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy Protection and Maintenance of Riparian
Areas Rule (15ANCAC 0213.0259)
• Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers (15A NCAC 02B.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Bart Hopper, Cypress Landing, LLC
1518 E. Third Street
Suite 200
Charlotte, NC. 28204
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Mr. Bart Honner
Title: Managing Member
Street address: 1518 E. Third St Suite 200
City, State, Zip: Charlotte NC, 28204
Telephone: ( 704 )927-2882
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Jack Thomas
Telephone: Same
Fax: Same
Email: ithomas(@newsouthprop.com
Variance Request Form
Version 2: November 2000
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Cypress Landing
5. Project Location:
Street address: Cypress Landing
City, State, Zip: Mooresvile NC
County: Iredell
Latitude/longitude: N667543 S1450391
6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
Take 1-77 N to HWY 21 North Go approx 1 mile Turn Left into Cypress Landinq. The site is
located off of HWY 21 lust North of Huntington Ln. Mooresville NC.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
Yes Yes 7/22/05 401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in U.]:
The proposed Activity requires impact of 1630 square feet Within this area exists 17 trees equal
to or greater than 3" dbh The larqest trees include two 8" black cherrys. The remaining trees
consist of hardwoods less than 5.5" dbh The proposed work includes the construction of a raised
wooden deck between the 760 contour of Lake Norman and an existing Duke Power maintained
Right of Way. The existing vegetation within the buffer is thin and contains some dead or dying
trees The existing trees are a mixture of understory and young hardwoods. The construction of
the raised deck would incorporate some existing hardwoods through the deck where feasible and
allow them to grow to maturity. Additional planting of large maturing hardwoods around and
adiacent to the deck would replace any trees that would be removed.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
Variance Request Form
Version 2: November 2000
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Very little room exists due to the encroachment of the Duke Power, sewer right-of-ways and
storm water BMP's The size of proposed designed structure is already minimized due to these
restrictions and functional requirements as a viewing area.
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
The proposed activity will be constructed without any grading. Any removed trees will be cut with
the roots left intact Removed trees will be replaced with more desirable large maturing
hardwoods such as willow oak green ash & maple or additional native species as requested by
the DWQ representative A tree survey was conducted with all trees equal to and greater than 3'
dbh to fascilitate feasible tree saves.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Strict application of this rule would deny a controlled functional pedestrian viewing area for the
residents of this development There is concern that without the formal control of viewing access
for this area would result in residents forming their own pedestrian traffic access resulting in a
less maintainable area or areas.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
This sites south & West boundary consists of wetlands & lakeshore respectively. The owners are
aware that residents will most likely access these areas for passive recreation and would prefer
that it be done in a controlled manner to reduce maintenance and impact issues related to
aesthetics and the overall quality of the site. Given the option, residents will most likely value
these important areas with an increased sensitivity and stewardship with designed controls.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural storm water best
management practices required by this variance shall be located in recorded storm water
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Estes Design Inc.
Mailing address P.o. Box 79133
City, State, Zip: Charlotte. NC 28271
Telephone: [phone]
Fax: [phone]
Variance Request Form
Version 2: November 2000
Email: Chris((DEstesDesign.com
Part 5: Applit's CCerti ication
I, T. - - - r '( P / (print or type name of person
listed in Part I, item 2), certify tha I e nformation included on this permit application form is
correct, that the project will be cons ructed in conformance with the approved plans and that the
deed restrictio sin ac o dance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date: Z ! ?.
Tale: _ - ?' ,C t'r- lYl ?"2 P ^ C pr X55 ..C? r? L LG
Variance Request Form
Version 2: November 2000
From: Amv.Chanmannncmail.net (amv.chanman(ancmail.netl a Add Contacts
Date: Apr 3, 2006 20:36 a Create Group
To: <[e-mail]> a Filter Junk Mail
Cc: a Show All Headers
a Print View
Subject: RE: Cypress Landing
Clufis,
I apologize for not getting to your question earlier today. The square footage charge
would be 4,927.5 square feet (4,928 square feet rounded). I'm checking to see if the
developer would gain credit for the tree plantings to see if the payment to the fund could
be lowered. I should have an answer for you by the afternoon Tuesday.
Hope that helps.
-Amy
I believe the developer would like to pay into the fund. What is the square foot charge
and would that suffice including the planted trees? ...... Chris
-----Original Message-----
From: Amy Chapman [mailto:amy.chapmannncmail.net]
Sent: Friday, March 31, 2006 2:19 PM
To: chrisnestesDesign.com
Cc: Alan Johnson; John Domey
Subject: Cypress Landing
Christopher,
Thank you for your response to the March 14, 2006 On Hold letter.
After reviewing the plan sheet for the proposed deck, I wanted to make you aware that if
a deck is less than 8 feet in height it is considered impervious and would therefore
require mitigation for the buffer impacts. Zone 1 impacts are done at a 3:1 ratio and Zone
2 are at a 1.5:1 ratio.
If the deck will remain at the 3 to 4 foot maximum as outlined in your plan sheet, I'll
need to know how you will achieve the mitigation requirement (in detail).
Thanks.
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OF WATF9 Michael F. Easley, Governor
0
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W William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

p -? Alan W. Klimek, P.E. Director
Division of Water Quality
March 14, 2006
DWQ Project # 06-00323
Iredell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Bart Hopper
1518 E. Third Street
Suite 200
Charlotte, NC 28204
Subject Property: Cypress Landing Deck
Mooresville, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Hopper: -
On February 27, 2006, the Division of Water Quality (DWQ) received your application dated February
21, 2006, to impact 1,630 square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of
constructing a deck at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
L1 Please provide the height of the proposed deck on your plan sheet;
,2. Please include all buffer impacts on the plan sheet. Be sure to show Zone 1 and Zone 2 of the
buffers as overlays on the site plan;
3. Please indicate on the plan sheets which trees are being removed; and
„4. Provide a detailed description of what vegetation you will be replanting and indicate where they
will be replanted on your plan sheet.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Alan Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
N?On,?` Carolina
?vaturally
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: httn://h2o.enr.state.nc.tis/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Cypress Landing
Page 2 of 2
March 14, 2006
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
,4
C di Karoly, Supervisor
401 Oversight/Express Review Permits Unit
CBK/asc
cc: Alan Johnson, DWQ Mooresville Regional Office
Bart Hopper; 1518 E. Third Street, Suite 200; Charlotte, NC 28204
File Copy
Central Files
Filename: 060323 CypressLan ding(Iredell)On_Hold
One
NP
Carolina
Ahrrally
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://h2o.enr.state.nc.us/ncwctlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Re: Minor Variance Request for Cypress Landing
Subject: Re: Minor Variance Request for Cypress Landing
From: Alan Johnson <[e-mail]>
Date: Fri, 10 Mar 2006 13:28:52 -0500
To: Amy Chapman <amy. chapman@ncmail. net>
I think below is fine. Most of the trees are "scrubs" and it is located next to a
large power line rwy. Below should be easy enough for them to do.
Amy Chapman wrote:
Alan,
After reviewing this request I was thinking of issuing an On Hold letter for the
items listed below unless you had additional concerns you wanted added or if you
think I'm asking for too much based on what you've seen on-site.
1. We need the height of the deck on the plan sheet.
2. The trees to be removed need to be shown on the plan sheet.
3. And they said in the request they were going to replant native trees. I was
wanting to get a spec sheet or letter stating what they were going to replant.
thanks for your help.
-amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Alan Johnson - [e-mail]
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
1 of 1 3/10/2006 1:30 PM
Minor Variance Request for Cypress Landing
Subject: Minor Variance Request for Cypress Landing
From: Amy Chapman <[e-mail]>
Date: Fri, 10 Mar 2006 13:25:49 -0500
To: Alan Johnson <[e-mail]>
Alan,
After reviewing this request I was thinking of issuing an On Hold letter for the items listed below unless
you had additional concerns you wanted added or if you think I'm asking for too much based on what
you've seen on-site.
1. We need the height of the deck on the plan sheet.
2. The trees to be removed need to be shown on the plan sheet.
3. And they said in the request they were going to replant native trees. I was wanting to get a spec sheet
or letter stating what they were going to replant.
thanks for your help.
-amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: amy.chapman n,ncmail.net
I of 1 3/102006 1:26 PM
2 0 0 6 0 3 2 3
OFFICE USE ONLY: Date Received Request # D r?? B
Version 2: November 2002 F? 2 7 2?U6 State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality DE:Nk - 6'VXFER QUALITY
V,'ETIANDS AW STOR§41NMER ERMCH
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
• Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule
(15A NCAC 02B.0233)
• Tar-Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy Protection and Maintenance of Riparian
Areas Rule (15ANCAC 0213.0259)
• Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Bart Hopper, Cypress Landing, LLC
1518 E. Third Street
Suite 200
Charlotte, NC. 28204
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Mr. Bart flonncr
Title: Managing Member
Street address: 1518 E. Third St Suite 200
City, State, Zip: Charlotte NC, 28204
Telephone: ( 704 )927-2882
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Jack Thomas
Telephone: Same
Fax: Same
Email: ithomasPnewsouthprop.com
Variance Request Form
Version 2: November 2000
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Cypress Landing -- - - -
5. Project Location:
Street address: Cypress Landing
-- - ---------
City, State, Zip: Mooresvile NC--
County: Iredell-
Latitude/longitude: N667543 S1450391
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
Take 1-77 N to HWY 21 North. Go approx 1 mile Turn Left into Cypress Landing. The site is
located off of HWY 21 iust North of Huntington Ln. Mooresville NC.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
NA
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
Yes Yes 7/22/05 401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]:
The proposed Activitv reouires impact of 1630 snuare feet. Within this area exists 17 trees eaual
to or greater than 3" dbh. The largest trees include two 8" black cherrys. The remaining trees
consist of hardwoods less than 5.5" dbh. The proposed work includes the construction of a raised
wooden deck between the 760 contour of Lake Norman and an existing Duke Power maintained
Right of Way. The existing vegetation within the buffer is thin and contains some dead or dying
trees. The existing trees are a mixture of understoryand young hardwoods. The construction of
the raised deck would incorporate some existing hardwoods through the deck where feasible and
allow them to grow to maturity. Additional planting of large maturing hardwoods around and
adjacent to the deck would replace any trees that would be removed.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
Variance Request Form
Version 2: November 2000
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Very little room exists due to the encroachment of the Duke Power, sewer right-of-ways and
storm water BMP's. The size of proposed designed structure is already minimized due to these
restrictions and functional requirements as a viewing area.
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
The proposed activity will be constructed without any grading. Any removed trees will be cut with
the roots left intact. Removed trees will be replaced with more desirable large maturing
hardwoods such as willow oak, green ash & maple or additional native species as requested by
the DWQ representative. A tree survey was conducted with all trees equal to and greater than 3"
dbh to fascilitate feasible tree saves.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Strict application of this rule would deny a controlled functional pedestrian viewing area for the
residents of this development. There is concern that without the formal control of viewing access
for this area would result in residents forming their own pedestrian traffic access resulting in a
less maintainable area or areas.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
This sites south & West boundary consists of wetlands & lakeshore respectively. The owners are
aware that residents will most likely access these areas for passive recreation and would prefer
that it be done in a controlled manner to reduce maintenance and impact issues related to
aesthetics and the overall quality of the site. Given the option, residents will most likely value
these important areas with an increased sensitivity and stewardship with designed controls
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural storm water best
management practices required by this variance shall be located in recorded storm water
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Estes Design Inc.
Mailing address P.o. Box 79133
City, State, Zip: Charlotte, NC 28271
Telephone: [phone]
Fax: [phone]
Variance Request Form
Version 2: November 2000
Email: Chris a EstesDesign.com
Part 5: Appli is Corti ication
I, T.7 i r ?- (gyp -e 'e (print or type name of person
listed in Part I, Itern 2), certify thal`(lre..nformation included on this permit application form is
correct, that tho project will be constructed in conformance with the approved plans and that the
deed reslrictiorts in ac ,o dance with Part 5 of this form will be recorded with all required permit
conditions. h
Signature:
Date:
Title: (? t•? {r /?((?"2???' Cli rcSS L'I" r AD LLB
a?
Variance Request Form
Version 2: November 2000
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CYPRESS AMENITY AREA
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FOR
NEW SOUTH PROPERTIES
Scale: 1"= 20'
2-15-06
Job #: 06012
By: CG
R'stes Desi;cgn InG.._
Environmental Design & Consulting < -
20060323
February 24, 2006
Ms. Amy Chapman
NC DENER Water Quality vQ?
2321 Crabtree Blvd.
Suite 250 20!5
Raleigh, NC 27604-2260 b 'G f?? fr iSrTERQU
"'?RBI?,ti,?N
Subject: Cypress Landing Minor Buffer Variance Request
Dear Ms. Chapman,
I have included a Variance Request Form - for Minor Variances with associated
maps and exhibits for your review. The subject property is under development in
Mooresville NC. I have visited the site with Alan Johnson of NCDWQ in
Mooresville to review the subject request and available options. I also sent Mr.
Johnson a copy of the document for his files.
If there is any questions or additional information you may need from me please
do not hesitate to contact me. My e-mail address is Chris EstesDesign.com,
Office- 704,?841.1779, and Cell 704.400.1483.
mcgrel ,
Christoph kJstes-, RLA,ASLA
• P.O. Box 79133 Charlotte, N.C. 28271-7050 . Phone / Fax [phone] •

o Complete items 1, 2, and 3. Also complete
item 4 if Restricted Deliver
is desired l?SignaturQ
om ? Agent
//
.
y
d
o t
?
Print your name an
address on the reverse
so that we can return the card to you.
® Attach this card to the back of the mailpiece,
ecelved INy (Printed Name) Addressee
ato Delivery
,?
or on the front if space permits.
D. Is delivery address different from item 1? ? 1es
1. Article Addressed to: If YES, enter delivery address below: ? No
Mr. Bart Hopper
.1518 E. Third Street Suite 200
Charlotte,NC 28204
DWQ# 06-00323-Iredell
2. Article Number
(rransfer from service laboo-
PS Form 3811, February 2004
3. Service Typo
9 Certified Mail ?Expross Mail
Registered Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
7005 1160 0000 9954 5163
Domestic Return Receipt
UNITED STATES POSTAL SERVICE
Postage Fees Paid
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Permit No. G-10
IiIlilltlEllllttlllltll1fl11llltlllltll!!ltll11Ii11111tItiiltl