20060861 Ver 1_COMPLETE FILE_20060523

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Mr. Thomas Sammis
8916 Warwicke Lane
Sherrills Ford, NC 28673
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
JAN 2 2. 2007
V,'ETWX,3 AND 5N.' tJATER 6RA?
Subject Property: Lot 41, Astoria S/D, Lake Norman
Alan W. Klimek, P.E. Director
Division of Water Quality
June 14, 2006
DWQ Project # 06-0861
Catawba County
Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Sammis:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application received on May 23, 2006:
Amount Approved Units Plan Location or Reference
Shoreline 110 (feet)
404/CAMA Wetlands acres
Waters 0.015 acres
Buffers- Zone 1 220 (square ft.
Buffers- Zone 2 (square ft.
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3492 covers the impacts. This Certification
allows you to use Regional General Permit No. 198200030 when issued to you by the US Army
Corps of Engineers (USACE). This letter shall also serve as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0243. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you proceed with your project, including (but not limited to) those required by Erosion
and Sediment Control, Non-Discharge, Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit
expires unless otherwise specified in the General Certification. This approval is for the purpose
and design that you described in your application. If you change your project, you must notify
this office and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible
for complying with all conditions.
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
o One
NhCarolina
,lVatimally
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: newaterquality.org FAX [phone]
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recyded/10% Post Consumer Paper
1. No impacts shall occur in the buffer, including the removal of trees, except along the
immediate shoreline.
2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion
of the project.
3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 26 .0243(5).
4. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to return the attached
certificate of completion form to the 401 Oversight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. If you do not accept any of the conditions of
this Certification (associated with the approved wetland or stream impacts), you may ask for an
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,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC
2B .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan
Johnson at 704-663-1699.
Sincerely, i'?v'' `.tea--rte
for Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492
cc: CBC
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Central Files
MME=
Dets to Ist
Project Number: ,20060061 Version: 1 Status: Issued LastActlon Deec: Project Issued
'Project Name: Thomas A Sammis Lot 41 *Project Type: hhoreline Slabllizatlon (sills, rlp rap);
Project Desc: 'shoreline stabilization
'Owner: 'Sammis, Thomas A. Details l
'Received From: IAppllcont COE ID: 'Primary County:
r i DOTTIP: 'Adman Region: Mooresville
Received Dt: ;0 512 312 0 0 8 Reviewer: aian.johnson
Issued Dt 1 0611412006
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SecondaryCounty _ _
_
I
Statutory Dt: 07/2212006
[JCAMA NEPAISEPAReceived Dt j
DCM Office SW Plan Received Dt:
COE Office: lievllle Regulatory Field 0111cel SW Plan Approved Dt: Public Notice Published Dt:
Last Updated Sy: laurle,dennlson i ?E Asni?dl - I;. 'pl L l,[" frJn uYYu Public Notice Received Dt: ?
Last Updated On: 1 W261200 6
,
Sewage Disposal;
P.N. Comment Period Ends Dt:
< Back I Close
jRe ady Page 111 ?BID:WPD1
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Sammis
8916 Warwicke Lane
Sllerrills Ford, NC28673
Mr. Chip Bridges
CBC Custom Shorelines, Inc.
628 Oakridge Farm Highway
Mooresville, NC 28115
Dear Sirs:
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 3, 2006
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Subject: Notice of Violatiol?i't%trfq/?"Y.
Incident #200602454
NOV-2006-WQ-0022
NCAC 02B.0243(4)
Astoria S/D, Lot #41, Lake Norman
Catawba County, NC
On August 1, 2006 Mr. Barry Love of this office conducted an investigation at the subject site located at
lot #41 on Astoria Parkway in Catawba County. Based on the investigator's observations, this letter is being issued
as a Notice of Violation for violation of 15A North Carolina Administrative Code (NCAC) 02B .0243 (4)
(pursuant to NCGS 143-214.1).
During the investigation Mr. Love observed that a terrace and access road had been constructed in Zone 1
of the Catawba Riparian Buffer. Furthermore the soil removed during the construction was placed on top of the
adjacent natural ground, completely disturbing the entire buffer zone. The Catawba Riparian Buffer Rule requires
that Zone 1 of the buffer shall consist of forested area that is undisturbed. More specifically the soils must remain
undisturbed and no trees larger than 3 inches may be removed.
Although a Water Quality Certification for shoreline stabilization was acquired, the above activities were
not proposed in the application, nor were these activities approved. During the investigation Mr. Brian Ackerman
of CBC stated that the observed impacts were necessary to complete the project. Such atypical activities must be
properly described in the application for approval. Please see enclosed attachments.
If you have an explanation for the noted violations that you wish to present, please respond in
writing within fifteen (15) days following the receipt of this notice. Please note that these violations and any
future violations are subject to civil penalty assessments of up to $25,000.00 per day for each violation.,
??A
NCDENR
Nor hCarolina
? atrrrally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwatcrquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Page 2
The following information is requested:
• Please provide plans for restoring the buffer. All soils must be returned to the preexisting grade. Mulch 6
inches deep shall be used to help restore the buffer. In Zone 1, three-inch (3") caliber (minimum), eight
(8) foot tall (minimum) native species trees must be planted with measures taken to insure their survival to
the next growing season. The buffer restoration should be completed by August 31, 2006.
Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to
contact Mr. Love or me at (704) 66371699.
Sincerely,
o, /- ?
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachments
cc: US Army Corps of Engineers
Danny Smith -NPS Assistance and Compliance Oversight unit
Ian McMillan - Wetlands Unit
Central File
Anne Duncan - Duke Power Lake Mgt.
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Full Pond _
Shoreline
Please approximately sketch the following information on this plan (please provide dimensions
for each item, such as 10 ft. x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond elevation.
6) Location of construction access corridors.
N
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): 1-77 N to exit 36 - West on Hwy 150 - Right
On Sherrills Ford - Right on Molly's Backbone - Right on Hopewell Church Rd
Right on Regal Blvd - Left on Astoria Parkway - Lot on right before cul-de-sac
2. Describe the existing land use or condition of the site at the time of this application:
Wooded Lot
3
4
Property size (acres):. 0.56
Nearest body of water (stream/river/sound/ocean/lake):
5. Describe the purpose of the proposed work:
- To control erosion
Norman
Install Redi-Rock seawall
6. List the type of equipment to be used to construct the project:
By land with track hoe
Work will be done
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
6' x 110'
8. a... Amount of impact (includ? g all clearing, back fill, excavation, rip rap, retaining walls,
etc. above the normal 1
pool lake level and 50 feet land-ward in square feet or acres:
2' x 110'
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to ?
be impacted (number of trees for instance): Wooded buffer - Will mulch any
disturbed area
Applicant/Agent's Signatdre Date
(Agent's s/gnature Is valid only if an authorization letter from the applicant Is provided)
Triage Check List
Date: 5/26/06 Project Name: Thomas A. Sammis, Lot 41
DWQ#: 06-0861
County: Catawba
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 5/23/06 - 7/21/06
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
• DUKE POWER LAKE MANAGEMENT, EC12-Q
P. O. BOX 1006 CHARLOTTE, NC 28201-1006
704-382-1567 OR TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE
TO DUKE POWER, TO ABOVE ADDRESS.
1. Applicant Information II11
A. Name Thomas A. Sammis MAY 2 3-?
B. Mailing Address 8916 Warwicke Lane - Sherrills Ford, NC 28673 XP I
1I
C. Telephone [phone] VYEnfw6g At,'DSTORFdWi1T9ER6WiCH
Location of Proposed Project
A. Lake Norman
B. Street Address Astoria
C. County Catawba
D. City, Town, Community or Landmark Sherrills Ford
E. Section Lot # 41 Subdivision Astoria
F. Directions to property by road 1-77 N to exit 36 - West on Hwy 150 - Right on
Sherrills Ford - Right on Molly's Backbone - Left on Monbo - Right on Hopewell
Church - Right on Regal Blvd - Left on Astoria Parkway - Lot on right
G. Latitude and longitude for the project site 35.6736 N 80.9771 W
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map,
etc.) showing the exact location of the project site. (NOTE: Latitude/longitude coordinates can
be found on intemet site, www.mapsonus.com. Directions: Don't register, click "Maps", enter
address, draw map, select "Map Clicking Wll...", select "Lat/Long", click map)
Description of Project
A. Length of wall 110'
B. Material Redi-Rock Seawall
C. Distance from property line/shoreline
Will follow existing shoreline
IV.
V. Applicant Signature ,??R'r?'"`'' Date 5-2,,0_06
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETE APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: US
ARMY CORPS OF ENGINEERS, 151 PATTON AVENUE, ROOM 208, ASHEVILLE, NC 28801-6006
Intended Use of Project Area
A. Private X
B. Commercial
• A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA" AND SEVEN (7)
COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION' MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY, ATTENTION: Cyndl
401 WATER QUALITY CERTIFICATION APPLICATION
The following is an abbreviated application form for those applying for a 401 Water Quality Certification to
impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S.
Army Corps of Engineers Permit GP30. This Application cannot be used for wetland or stream impacts.
Please provide seven (7) copies of this application and supporting information as well as a non-
refundable application fee to the Division of Water Quality of $200.00 for impacts to lake bottom of less
than 1 acre and $475.00 for impacts to lake bottom of greater or equal to 1 acre.
APPLICATIONS TO BE SENT TO:
DIVISION OF WATER QUALITY WETLANDS UNIT
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650
1. Applicant Information
1. Owner/Applicant Information
Name Thomas A. Sammis
Mailing Address 8916 Warwicke Lane
Sherrills Ford, NC 28673
Telephone Number 704-609-2063
Fax Number 704-535-0055
E-mail Address
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name Chip Bridges
Company Affiliation CBC Custom Shorelines, Inc.
Mailing Address 628 Oakridge Farm Hwy
Mooresville, NC 28115
Telephone Number 704-660-5111
Fax Number 704-660-5969
E-mail Address [e-mail]
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local landmarks
such as towns, rivers, and roads Also provide a detailed site plan showing property boundaries
and development plans in relation to surrounding properties. You may use the diagram below to
make a hand sketch of your project. Also, see the example below for guidance. Both the vicinity
map and site plan must include a scale and north arrow. The footprints of all buildings, impervious
surfaces, or other facilities must be included.
1. Location
County Catawba Nearest Town Catawba
Subdivision name or site address (include phase/lot number): Astoria
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): 1-77 N to exit 36 - West on Hwy 150 - Right
On Sherrills Ford - Right on Molly's Backbone - Right on Hopewell Church Rd
Right on Regal Blvd - Left on Astoria Parkway - Lot on right before cul-de-sac
2. Describe the existing land use or condition of the site at the time of this application:
Wooded Lot
3. Property size (acres): 0.56
4. Nearest body of water (stream/river/sound/ocean/lake):
Norman
5. Describe the purpose of the proposed work: Install Redi-Rock seawall
- To control erosion
6. List the type of equipment to be used to construct the project:
By land with track hoe
Work will be done
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
6' x 110'
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls,
etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres:
2' x 110'
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to
be impacted (number of trees for instance): Wooded buffer - Will mulch any
disturbed area

Applicant/Agent's Signatdre Date
(Agent's signature Is valid only If an authorization letter from the applicant Is provided)
Lake (Full Pond)
Please approximately sketch the following information on this plan (please provide dimensions
for each item, such as 10 ft x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond elevation.
6) Location of construction access corridors.
Full Pond r
Shoreline ??(
I l d R? Rock sue. I
hA? Iz
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05/05/2006 14:05 704602656.3 CHARLOTTE GASTRO PAGE 02
r 9,00D CERTIFICATION SIGNED
THIS IS fU CERT" THAT THE 5UWECr pROpERTY r; -
LXATEO IN A 5f'EML FLOOD HAZARLI AFFA AS SHou oN
'moo MAPS PREPARED BY THE FT.Y}E7K E Cr AIANAm1ENr I INCN - 40 FEET
ISCEhrcr nZZIM Rt9P MCE AWNWRArIM. DATIM
SEP7F2 7, t99p
CODUUHITY PARM 37=0 0200 C
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LOT42
A$MRA PU 5,Y-151 '
top
APM7xWIX LOCAMW,-' LAKE NORMAN
OF 100 YFA9 FLOOD A77l,VCc-
aEVYAMv -- 7,61 fZU PCWD a&VAMV + 760

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ASTORti. P9 W-151 ? /
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ASTORIA. f!9 5.1 151

a VACANT
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??? 5?? 1 •i'I .? dBEa ??
r??9 ?? 15,091 so.4FT , .,
OR 0.346 ACR '•
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s LOT40
ASTORL(, PS SJ-151

LEGEND
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ASTrl 4 P9 $3-151 1/??OR
LAKE NORMAN °PPROX?A I re LO M IVO SM41rKs olsaARC RM
R JU POAV aEVAMW a 760 YW /ZOO
PROPMY ? EZEVAJTQ/y = 781
MOM THE _ ANY FASERDM A m/0?&M/CTrONS.
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NC a SC RMFEM{/? SURVEY OF
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F"x+ae-zos1 Ct?TAWBA TOWNSHIP, CATAWBA COUNTY, N.C. pia 47to01264713
DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project
site can have a big impact on permit processing time. Please complete this form
and return it along with your completed permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P. O. BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name: Thomas A. Sammis
Lake Name: Norman
Subdivision Name: Astoria
Property Section: Lot (s): 41
City: Catawba County: Catawba
State: NC
Zip: 28609
Telephone: [phone]
Type of Permit
Requested
"Circle":
Private Facility
Commercial Facility
Excavation
tabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): I-77 N to exit 36 - West on Hwy 150-
Right on Sherrills Ford - Right on Molly's Backbone - Left on Monbo - Right on
Hopewell Church Rd - Right on Regal Blvd - Left on Astoria Parkway
Descriptive Structure (s) on Property (i.e. brick garage, white fence, mobile home,
etc.
Lot 41 on right
*Note. Please use the back of this form, if desired, to draw us a map to the site.
Maps?un us: Y enow rages - l,ocauon swap rnnuwic
Maps on us
a service of 8witchboard.com
Location Map
Eufola Rd
Statesville, NC 28677
Return to Map

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which result from using these directions. Obey all traffic regulations.
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