20050135 Ver 1_Complete File_20050125

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Michael F. Easley, Govemor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

January 10,2006

05- D13S-

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0001 0743 1939

Ronniej L. Smith and Lee A. Smith
128 FaSt Lane
Mooresville, NC 28117

SUBJECT: Assessment of Civil Penalties
Lots 17, 18, 19 of Brawley Road Business Park
176,172,166 Lugnut Lane
Iredell County
Case No. SS-2006-ooo2

Dear Ronnie and Lee Smith:

This l~tter transmits notice of a civil penalty assessed against Ronnie L. Smith and Lee A. Smith
[in the kunount of $10.426.49 which includes ~26.49 in investigative costs. Attached is a copy of
:the as~essment document explaining this penalty.

This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.

, Withf thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:

Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.

Please send payment to the attention of:

Mr. Shelton Sullivan
NC Division of Water Quality - NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR

~Caro1ina
/VllIurallu

Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]

1" Equal Opportunity/Affirmative Adion Employer - 50% RecycIedI10% Post Consumer Paper

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2.

OR

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Ronnie L. Smith and Lee A. Smith
Lugnut Lane
Iredell County
Page 2 of3

Submit a written request for remission or mitigation including a detailed
justification for such request:

A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and the attached "Justification for
Remission Request" which should describe why you believe:

(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.

Please submit this information to the attention of:

Mr. Shelton Sullivan
NC Division of Water Quality - NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Ralei~ North Carolina 27699-1617

3. Submit a written request for an adminimrative hearing:

~

If you wish to contest any portion of the civil penalty assessment, you must request an
administrativehearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must me your original petition with the:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

f,.,

Ronnie L. Smith and Lee A. Smith
LugnutLane
Iredell County
Page 3 of3

Mail or hand-deliver a copy of the petition to:

Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
160 1 Mail Service Center
Raleigh, NC 27699-1601

Andto:

Mr. Shelton Sullivan
NC Division of Water Quality - NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Failhre to exercise one of the options above within thirty days of your receipt of these
doc~ents, as evidenced .by a date stamp (not a postmark) indicating when we received your
response, will result in this matter being referred to the Attorney General's Office with a request
to initiate a civil action to collect the penalty.

The violations addressed by this assessment and any impacts to waters must be abated.
Y 0-' are encouraged to contact Alan Johnson with the DWQ Mooresville Regional Office at
[phone] if you need assistance in achieving compliance at the site. Please be advised
that additional assessments may be levied for future, continuing, or other violations beyond
the scope of this specific assessment.

If you have any questions, please contact Mr. Shelton Sullivan at [phone] extension 544
or Danny Smith at [phone] extension 353.

Sincerely,

~ W~~Qualil~:~~~u~~

R au;,,\.\1'l
oENR- WA~~iER~
V4Ef\.ANOS NID Si\}N'fl"

ATfACHMENTS

i
cc: ~ex Gleason - DWQMooresville Regional Office Supervisor
Alan Johnson - DWQ Mooresville Regional Office
NPS Assistance & Compliance Oversight Unit - File Copy
Cyndi Karoly - DWQ Wetlands Unit
Water Quality Central Files
~usan Massengale, PIO

I

'.

JUSTIFICATION FOR REMISSION REOUEST

D~Q Case Number: SS-2006-0002
,
Assessed Party: Ronnie L. Smith and Lee A.. Smith.
Permit No. (if applicable): na

County: Iredell

Amount Assessed.: ,$10.426.49

Plel:lSe use this form when requesting remission of this civil penalty. You must also complete the
"Reauest For Remission. Waiver of RiJ!ht to an Administrative Hearing. and Stipulation of
Fa4s" form to request remission of this civil penalty. You should attach any documents that
you: believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
con~ned in the civil penalty assessment document. Pursuant to N.C.G.S. ~ 143B-282. I (c),
re~ssion of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
exp~anation, including copies of supporting documents, as to why the factor applies (attach
ad~tiona1 pages as needed).. .

(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.Hb)
wer~ wrongfully aplllied to the detriment of the ~titioner (the assessment factors are listed in
the j;ivil penalty assessment document);

_, (b) the violator promptly abated continuine: environmental damage resulting from the
viol~tion (i.e., explain the steps that you took to correct the violation and prevent future
occu.rrences );

(c) the violation was inadvertent or a result of an accident (i.e., explain why the
vio4ttion was unavoidable or something you could not prevent or prepare for);

-i (d)

the violator had not been assessed civil penalties for any previous violations;

(e) payment of the civil penalty will prevent payment for the remaining necessary
rem~dial actions (i.e., explain howpayment of the civil penalty will prevent you from peiforming
the activities necessary to achieve compliance).

~LANATION (attach additional pages as necessary):

! 1

STATE OF NORTH CAROLINA

ENVIRONMENTAL MANAGEMENT
COMMISSION

COUNTY OF Iredell

IN THE MATTER OF ASSESSMENT
OFiCNILPENALTIES AGAINST
o.M Land Company, Inc.

)
)
)

WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS

CASE NO.

SS-2006-OOO2

Having been assessed civil penalties totaling $10.426.49 for violation(s) as set forth
in the assessment document of the Director of the Division of Water Quality dated January 10.
~, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the
ri~t to an administrative hearing in the above-stated matter and does stipulate that the facts are
as a!neged in the assessment document.

The undersigned further understands that all evidence presented in support of remission
of ~s civil penalty must. be submitted to the Director of the Division of Water Quality within
thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a
reIDfission request will be allowed after thirty (30) days from the receipt of the civil penalty
assessment.

This the

day of

.20

NAME (printed)

SIGNATURE

ADDRESS

TELEPHONE

STA!IE OF NORTH CAROLINA

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES

COUNTy OF IREDELL

Case No. SS-2OO6-0002

IN THE MATTER OF:
ROrfNIE L. SMITH
LEE! A. SMITH

FOR VIOLATIONS OF:

NCGS 143-215.1(a),
15ANCAC 2B .0211(2),
15ANCAC 2H .0501, and
15A,NCAC 2H .0502,

)
)
)
)
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)
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FINDINGS AND DECISIONS
AND ASSESSMENT OF
CNIL PENALTIES

Actipg pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I, Tom Reeder of the Division of Water Quality (hereby known as DWQ),
make the following:

I. FINDINGS OF FACT:

A Ronnie L. Smith and Lee A. Smith owned lots 17, 18, and 19 (parcels
4636352870, 4636365050, and 4636362155) of Brawley Road Business Park,
with the respective street addresses of 176, 172, and 166 Lugnut Lane,
Mooresville, Iredell County, NC.

B. On July 22, 2005, staff from the DWQ conducted an investigation of the subject
properties on Lug Nut Lane and observed approximately 600 linear ft. of stream
impacts from earthen fill, excavation, and relocation of a stream to the rear
boundary of the properties.

C. Title 15A North Carolina Administrative Code 2B .0211 (2) requires that "The
waters shall be suitable for aquatic life propagation and maintenance of biological
. integrity, wildlife, secondary recreation, and agriculture; sources of water
pollution which preclude any of these uses on ei~er a short-term or long-term
basis shall be considered to be violating a water quality standard;"

D. Title 15A North Carolina Administrative Code 2H .0501 requires certifications
pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including
wetlands, as described in 33 CPR Part 323.

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Ronnie L. Smith and Lee A. Smith
Lugnut Lane
Iredell County
Page 2 of 4

E. Title 15A North Carolina Administrative Code 2H .0502 states any person
desiring issuance of the State certification or coverage under a general
certification required by Section 40 1 of the Federal Water Pollution Control Act
shall flIe with the Director of the North Carolina Division of Water Quality.

F. A review of DWQ flIes confirmed that no 401 Water Quality Certification or
Individual Permit or Certificate of Coverage to operate under a General Permit
has been issued for the stream impacts that have occurred on this tract.

G. On August 12, DWQ issued a Notice of Violation and Recommendation for
Enforcement to Ronnie L. Smith and the other current landowners for failure to
obtain General Stormwater Permit No. NCGO 1 ??OO, for failure to secure a 40 1
Water Quality Certification, and for the preclusion of best usage from the earthen
fill and relocation of the stream.

H. DWQ received written responses to the Notice of Violation from the current
landowners as well as from Ronnie L. Smith. Information provided in the written
responses detailed that Ronnie L. Smith impacted the stream on lots 17, 18, and
19 (parcels 4636352870, 4636365050, 4636362155) of Brawley Road Business
Park, with the respective street addresses of 176, 172, and 166 Lugnut Lane.

K. Impacts occurred to an unnamed tributary to Reeds Creek (Lake Norman), Class
WS-N, B; waters within the Catawba River Basin.

L. The cost to the State of the enforcement procedures in this matter totaled $426.49.

Bas~d upon the above Findings of Facts, I make the following:

II. CONCLUSIONS OF LAW:

A. Ronnie L. Smith and Lee A. Smith are "persons"within the meaning of North
Carolina General Statute 143-25.6 pursuant to North Carolina General Statute
143-212-(4}.

B. The unnamed tributary to Reeds Creek (Lake Norman) constitute waters of the
State within the meaning of North Carolina General Statute 143-212(6).

C. On July 2~ 2005, DWQ staff determined that Ronnie L. Smith and Lee A. Smith
violated Title 15A North Carolina Administrative Code 2B .0211 (2), removal of
best use, by impacting approximately 600 linear feet of stream from earthen fill,
excavation, and relocation of the stream.

D. On one (1) occasion, Ronnie L. Smith and Lee A. Smith violated Title 15A North
Carolina Administrative Code 2H .0501 and Title 15A North Carolina
Administrative Code 2H .0502 by impacting approximately 600 linear feet of

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Ronnie L. Smith and Lee A. Smith
LugnutLane
Iredell County
Page 3 of 4

stream without fIrst applying for and securing the issuance of a 401 Water Quality
Certification required by Section 401 of the Federal Water Pollution Control Act.

E. Ronnie L Smith and Lee A. Smith may be assessed civil penalties in this matter
pursuant to North Carolina General Statute 143-215.6A(a)(2), which provides that
a civil penalty of up to twenty-five thousand dollars ($25,000.00) per violation
may be assessed against a person who violates any classification, standard,
limitation, or management practice established pursuant to North Carolina
General Statute 143-215, 143-215.1, 143-215.3.

F. Ronnie L Smith and Lee A. Smith may be assessed civil penalties pursuant to
North Carolina General Statute 143-215.6A (a)(6) which provides that a civil
penalty of not more than twenty-five thousand dollars ($25,000.00) per violation
may be assessed against a person who violates a rule of the Commission
implementing this Part, Part 2A of this Article, or North Carolina General Statute
143-355(k).

G. The State's enforcement cost in this matter may be assessed against Ronnie L.
Smith and Lee A. Smith pursuant to North Carolina General Statute 143-
215.3(a)(9) and North Carolina General Statute 143B-282(b)(8).

H. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.

i
BasCd upon the above Findings of Fact and Conclusions of Law, I make the following:

ill. DECISION:

Accordingly, Ronnie L Smith and Lee A. Smith are hereby assessed a civil penalty of:

$ bOO 0 . 00

for I of one (1) violation of Title 15A North Carolina
Administrative Code 2B .0211(2) from the earthen fill,
excavation, and relocation of a stream such that usage of
surface waters were removed, a water quality standard
violation.

$ 'fo 00 .00

for / of one (1) violation, by failing to secure a Water
Quality Certification according to Title 15A North Carolina
Administrative Code 2H .0501 and Title 15A North
Carolina Administrative Code 2H .0502.

$ 10060.00
)

TOTAL CIVll.. PENALTY, authorized by North Carolina
General Statute 143-215.6A.

Ronnie L. Smith and Lee A. Smith
LugnutLane
Iredell County
Page4of4

$

426.49

Enforcement Cost

$ In '1;;"6, (11
.J

TOTAL AMOUNT DUE

As re~uired by North Carolina General Statute 143-215.6A(c), in determining the amount of the
penalty I have considered the factors listed in North Carolina General Statute 143B-282.1(b), which
are:

(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.

I /IO~ 06
/ (D~ )

om Reeder
Division of Water Quality

'-"~,,,,,,,".""'>~."

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

February 24, 2005
DWQ# 05-0135
Iredell County

Mr. Ronnie Smith
195 Brawley Harbor PI.
Mooresville, NC 28117

Subject: Lot1111, Keel Court

APPROVAL ~f 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rt;Jles (15A NCAC 2B .0243) with Additional Conditions

Dear Mr. Smith:

You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.006 acre of waters and 0.006 acre of riparian buffer for the purpose of
stabili~ing approximately 128 linear feet of shoreline on Lake Norman, as described in your application
received on January 25,2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h20.en(state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 Qnce it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your apprpved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Plea$e note that you should get any other federal, state or local permits before proceeding with your
project, incl~ding those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Suppl~ 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. Ilf the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation n1ay be required as described in 15A NCAC 2H .0506 (h).

In ad~ition to the requirements of the certification, you must also comply with the following conditions:

1. All storrmwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).

2. No impact to the buffer shall occur, including the removal of trees.

3. UiPon completion of the project, the applicanUresponsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.

If you qo not accept any of the conditions of this certification, 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 (that

~IiliCarolina
;vaturnl/g

North Carolina qivision of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
In~met: h2o~enr.state.nc.us
An Equ~1 Opportul)ity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

Phone [phone]
FAX [phone]

Customer Service
1-877-623-6748

Page 2

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.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.

Sincerely,

J /h
j~ 1(-4 ;c~

for Alan W. Klimek, P.E.

AKlaj

Attachments

cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files

If! /& @/& IJn~?~
MAR 2 _::s/jJ
D~N 1005" ,,?J
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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

February 24, 2005
DWQ# 05-0135
Iredell County

Mr. Ronnie Smith
195 Brawley Harbor PI.
Mooresville, NC 28117

Subj,ct: Lqt 111, Keel Court
, ,

,

APPROVA~ of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions

Dear Mr. Smith:

You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.006 acre of waters and 0.006 acre of riparian buffer for the purpose of
stabilizing approximately 128 linear feet of shoreline on Lake Norman, as described in your application
received on January 25, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h20.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030,once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your aPRroved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.024~. Ple~se note that you should get any other federal, state or local permits before proceeding with your
project, incl~ding those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. : If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigfltion '11ay be required as described in 15A NCAC 2H .0506 (h).

In a~dition to the requirements of the certification, you must also comply with the following conditions:

1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).

2. No impact to the buffer shall occur, including the removal of trees.

3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certifiqate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act wi~hin 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that

N~ImCarolina
;vatural/!!

North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Internet h2~enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% RecycJed/10% Post Consumer Paper

Phone [phone]
FAX [phone]

Customer Service
1-877-623-6748

Page 2

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.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.

Sincerely,

for Alan W. Klimek, P.E.

AKlaj

Attachments

cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files

! 1

Triage Check List

Date:

,2/1/05
I

Project Name: Ronnie & Lee Smith
DWQ#: 05-0135
County: Iredell

To: IAlan Johnson, MooresviIle Regional Office

60-day Processing Time: 1/25/05 to 3/25/05

Flrom: Cyndi Karoly Telephone: [phone]

The fIle attached is being forwarded to your for your evaluation.
Please call if you need assistance.

[] Stream length impacted
o Stream determination
~... Wetland determination and distance to blue-line surface waters on USFW topo maps
I Minimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill
O Mitigation Ratios
Ditching
o Are the stream and or wetland mitigation sites available and viable?
IT] Check drawings for accuracy
tJ Is the ap~lic~tion consistent with pre-application meetings?
. Cumulative Impact concern
o
o
o

I
I
Com~ents: 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
reviewe~ 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
compliqations 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
improv~ this process, especially so that we can plan for the electronic applications, let me know.
Thanks!1 .

~7

/ ..

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Division of Water Quality Wedands Unit
~650 Mail Service Center
[Raleigh, NC 27699-1650

DENR. WATER QUALITY
WETlANDsAHD S1"ORAW\~ BlWOf

I.

Applicant Information

,

'1. Owner/Applicant Information
Name: Ronni:e L. & LeeA. Smith
Mailing Address: III Keel Court
Mooresville, He 28117

Telephone Nuttlbe~: 704..,.663-7223 Fax Number: 704-664-8880
E-mail Address:[e-mail]

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: HI A .
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

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. Y oumay use the diagram below to make a hand sketch of

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hECE/VtD

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iour 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.

I. Location
County: Iredell Nearest Town: Hooresville
Subdivision name or site address (include phasellot number): Yacht Habor Lot#29
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): see attached map

2. Describe 'the existing land use or condition of the site at the. time' of this
application: Some existing Up Rap st:ill left:. HOlJRE! huilt: in '1994
no . dock or good stabilization was done' at: the t:ime. Mat:ureneisthborhood
. wit:hall sea walls in vlaceexc~pt: t:his house!
. ,

3. Property size (acreS): .64
4. Nearest body of water (streamlriverlsoundloceanllake): Lake Norman

,. 5. Describe the purpose of the proposed work: Fix up and stabilize shorel in~ wit:h
more Rip Rav/Key Stone wall. Tnst:all Boat: dock

6. List the type of equipment to be used to construct the project: Tractor Backhoe
and a lot of Hand Tools !

7. Amount of impact (including all excavation, backfill. rip rap, retaining walls,
etc.) below the nonnal pool1ake level in square feet or acres: Lit:t:le t:o NonE!

8. a. Amount of. impact (including all clearing, back fill, excavation,. rip rap,
retaining walls, etc.) above the normal poollake level and 50 feet land-ward in
~square feet or acres: 525 square ft or less

b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees forinstance): Grass/Lawn and 2~dead t:rE!E!' s

, . rfI Q. ~ 1-6-05
APPl~'S Signature Lee A. . Smith Date
(Agent's signature is valid only if an authoriz~tioi1letter from the applicant is provided.)

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Please approximatetysketch the following information on this -plan
(please provide dimensions for each Itenls such as 18 It. x 100 It):
1) All proposed vegetation clearing (provide dimention$).
.2) Location of rip rap or rdl to be placed above the FuI-Pond ,elevation
3) Location of rip rap or fill to be placed below the - FuI P~nd elevation
4) The location of any proposed structures such at bUIldings. retaining
waDs. doclc$. - etc.
_ 5) The location of any excavation or &-edging below the Full Pond
elevation.
fi) Location of constructiOn access corridors.

:,--,.c:--t.-.c '''-:'T-'''-_''':_-o.":",,,,,~__,;,

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DUKE POWERLAlCE MANAGEMENT, EC11-Q
. ~OBOX1OO6 f\lr COP~
CHARLOTfE, NC 182OtC1000 · L · ,
, 704-381-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA

8"

-'"

PI~ type or print and fill in all blanks. If information is not applicable, so indicate by placing Nt A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO
ABOVE A~DRESS. .

L

Applicant Information

.-
A. Name Ronn-te T.. &' T.ee A.. Smit"h

B. MailingAddress 11IKeel Court. Mooresville. IIC 28117

C. Telephone: [phone]

LQcation of Proposed Project

A~ Lake lIoTllUln
B.I Street Address III K.eelCourt .
C.County Iredell
D, City, town, community or landmark. Mooresvi l.le-Yacht Harbor Subdivision
E. . Section. ~ot # 2~ Subdivision CreRent-Ya,cht: Harbor
F,_Directionstopropertybyroad . T=-wl1>>Y ~,..hnnl ';n=-" tn I.eft on Yacht Road. go down
Yacht Rd 'Past 5 Roads on ri..:ht and t' . road 0 ft
come to Tee in Rd make left on Keel Court 1-rd house on right-111 Keel Court
d: Latitude and longitUde for the project site -80.91075 35.50618
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 0;: :.-.ter::....: ::ii(~,
www.mapsonus.com.Directions:Do~.tregister.click <<Maps", enter-address, draw map, select "Map
Clicking Will...", select uLatlLong", click map)

n.

. .050111

.;: ~.

Ill.

pescription of Project
A. Length of wall about 128 '
B. Material wall=stone. Dock=wood/vinyl
C. Di~tance from propertylinelshoreline at 760 maTk

!Intended Use of i>roject Area

'"

IV.

. v.

A. Private XX
B. Commercial ~

Applicant Signature . ~
Lee A.
PLEAS/f NOTE THE FOLLOWING:
. A COpy OF THE: COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMIllED TO: US ARMY CORPS OF ENGINEERS, 151 PA rrON AVE. - ROOM 208,
AS'{lEVILLE, NC 28801-5006

a.~
Smith.

Date

1-6-05

. A COPy OF THE "DUKE POWER APPUCA nON 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" MUSTBE SUBMITTED WITH nm DIVISION OF WATER
QUALITY APPLICA nON FEE TO:

NC DIVISION OF WATER QUALITY
A1TENTlON: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD..
RALEIGH, NC 27604
919-733-1786

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DUKE POWER DIRECTIONS BY ROAD FORM

LaJ.te Use Permit Applicants and Contractors: Ease oflocating the proposed project site can have a big
impact on pennit procesSing time. Please complete this form and return it along with your completed
perinit application to:

'DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
- PO BOX 1006
-cHARLOTI'E, NC 28201-1006
1-800-443-5193 or Option 5

Applicant's Name: Ronnie L. & Lee A. Smith

Type ofPennit Reqliested
"Circle":

Street Address (at lake): 111 Keel Court

IJake Name:

Lake NOT1llAn

ffrivate Facility)
CommercIal Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses

Subdivision Name: Cresent-YAt".ht lIATboT'

Property Section: Lot # '. 29

City: Mooresville County: Iredell

~ta.te: NOTt:b C'.aro1.;na Zip: 28117

1I'elephone: 704-663-1223 office
704-363-8888 Ron's cell
704-664-8880 fax
Directions (from major road or highway): Brawley School Road fr01l1 Williams Road head
west down Brawley go 4 miles down go around "The Point's"~traffic circle and
come back out on Brawley. Take first left after circle, Yacht Road go down
and count 5 roads to the right. Make right on Yacht Harbor Road (500') come
to the tee make 1eft (Keel Court) 3rd house on right, 111 Keel Court.

Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobil home, etc):

Newly renovated house, Light Taupe Brick with Stucco accents. Garage on
right, side load with Porte Ch. in front.

*Note: Please use tbe back of this form if desired to draw us a mall to the site.

GI' AIJLAKEMGMT/LMI'I'M/DlRECTIONS 1.9.DOC

Effcclive Dale: (l!J/9<J

'.1-

T~'"".,_ -'T"',:";'.~-;."'-"--'"

;m~8(~..

.

. .
SHOREUNE, MANAGEMENT PROGRAM
PERMIT APPUCATION FORM
'. .

,.~ F9{lTI 06940

NC 1 SC2
,
, .r-A NO. ' .;..,
:-t;e~ "
. .' APPUCAHT
NarIt1e: . . Lee
. Fnt.
'Address: III KeeL-Court

1.0. No.

UtilitY Co. D1J.U. PORJ..
Ann.
MIddle

SlI8el or b
MDORESVII..LK, tIrede!l Co) Be
. . aty', SlIII8 . ..
. . T~: ,.704/ :w. ':,' 664-6116 ~ 704-663-?223
Signature: d~JI -[1. ~ ',' , 1I-{P~()4.
. . LeeA. Smith'
CiroJe thelapproeriate number _~ '.'" ....

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. Fig;. 1 . , .Ftg. ~ Ftg. S .
Pier Di~: See F"1Q.ure AboYe ~3
CondItion qf pjer: O' Good 0 Fair 0 Poor
Pennitted: 0 Yes ONo Date:
Additional infOrmation:

.~.,
'~t. ~18t'

USE:
1. individual
2. Cotnmon
. STATUS; .
1. .Exijsting
2. Prqpos8d .
MATERIALS: .
1.Conaete 4, Treated WOod
2.'MaSonry 5.lJntnHrted Wood
3..Metal .6. Other
~AnPN:. , .'
1. ~ cylinders
~:~ - .
1YPE OF FACILITY:
1. 'Pennanent
2. r:toating '.
3. Combination

<D
2

1
.(l)
~<p
3 .6

.<p
3

1
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2

1
2

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1
2
1
2
1
'2
3
1
2
3
1
2
, 3

Pier surface area
Float surface area

By:

-II-
Fig. 5

Pennit No.
Grid Sect. ,. .
., . Ownership{!:~ 2 Lease

SMri'B
I.ast

28111 .
- ZIp
(0)

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5
6

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3

4,
5.
Rock

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348
440

FIQ. 6 (other)
sq. ft.
. sq. ft.

. - .

<;c6MMoN~SEPERMIT '. . " '. ' '" . ~ . , .
If this appliCation is for the common use of a facility, thOse parties using ttie f~6ty appoint the individual listed in the
~ sectio!'l of this form as the agent applying for.the pennit. All paraesusing the facility must sign below. .

, . . t
Name Date Address

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Maps OnIUs: Show Map

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Page 1 of2

I a ----~-_....- ,------.....

I ~.. Choose the loan that's right for you
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L_,"~_~,,----L-._~._._<~______..,.__..,._"___._._..__..___~____ - ----------~-----.--...-....'-------"

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1/16/2005

-

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"Since '1971"
Commercial. . Residential. Mort9ag~ Surveys . Multi-Family
Construction' Stoking .. Subdivision Design . Topographical
[phone]. . [phone].Fax
I, certify that this' m~p was drawn~nder my'supervision from an actual.
survey made under my supervision recorded in deed boqk__1~Q.?~__,' page_l~2.__, and/or
plat book__.1..!.-___. poge__~?-___,. that the ratio of precision is 1 ': 10,000, thot this map
wds prepared in accordance withth.e General Statutes of North Carolina Chapter 89C.
my hand and seal' on the -:,_:.-~__,day .of JANUARY .; 03....

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LAKE NORMAN, _
. . 22.53'2~" ~
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LOT SO'
WILLIAM M.
POOLE, 'JR.
1376/1044

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PK NAIL IN THE
CUL-DE-SAC

VICINl1:Y MAP

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20.00' --1 I-
DRAINAGE I _ I -
EASEMENT I
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---

, NOTES
1) THIS PROPERTY MAY BE SUBJECT TO
ANY EASEMENT AND/OR RIGHTS~Of-WAY
OF RECORQ. .
t}. AREA COMpUTED BY THE' COORDINATE .
ME THOO. "
J) EXISTING .760' &: 761' CONTOUR ELEV-
A nON BASED ON LAKE"' NORMAN LAKE
. LEvEL AT COWAN'S FaRO'DAM (READING
ON 1/17/2003.) E:LEVATlON: 756.80'
4} UNDERGROUND POWER LOT

LOT 29
0.f34 AC.

1- STORY BRICK
COMP. ROOF

17.7' '"
':..:, 17.8'

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35' SETBACK'

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LOT 28
PETER J. SOSPENZO
1097/641'

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~..p(TlE ONLY)
~'f-""'. N 13"00'48" W

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'45.00'

I ~/W

(BASE BEARING)
-S 13"00'4.8" E
110.07'
KEEL DRIVE
. (PAVED)

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20'

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40~
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SCAlE'IN FEET

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LEGEND
'en., ".P.P. 7"'POwER POLE
0, .. DUKE ,POWER TRANS. .
E.l.P. .. EXISTING IRQN FOUND .
I.P.S. - #4 RE~AR SET
R/W q RIGHT-OF-WAY
i@ ,,; WELl... ,

.PHYSICALSURVEY

OF ,
111 . KEEL DRIVE " I ~ r"\
29, YACHT HARBOu'K

1" = 40'
SCALE .____________ DAVIDSON TWSP., IREDELL CO., N.C'.
ACQUIRED BY: 'R.t. SMITH; INC.

FIElD BOOK: 609
FILE: 8814 .
DC FILE: .
TAX MAP NO: 4624884614

,----
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"
"

'The foRowing is an abbreviated applicatioD form for those applying for a 401 Water
Quality C...-Dfication to impactFERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
I GPJO. 'Ibis. Application cannot be -u.sed for wetland or stream impacts. Please
provide seven' (7) copies' of this application and supporting informati~n as well. as a
nOlH"efundable 'application fee to the Division of Water Quality of $200.00 for,
impacts of to lake bottom of less tban iacre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre. . -

~-

Applications should be sent to:

Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699~1650

I.

Applicant Information

;

'1. Owner/Applicant Information
Name: ' Ronnie L. & Lee A. Smith
Mailing Address: 111 Keel Court
Mooresville. He 28117'

Telephone Number: 704-663-7223 Fax Number: 704-664-8880
E-nulllAddr~s: [e-mail]

2. Agent Information.(A signed and dated copy ,of the Agent Authorization letter
mustbeattached if the Agent has si~ory authority for the owner/applicant.)
, Name: HI A
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Addr~s: '

Fax Number:

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

\- -T" --, 'I-

..~.~,.,

f

ybur project. Also, see the .example below for guidance. Both the vicinity map ~d
site plan must include a scale and north arrow. The footprints of all buildings, .
impervious surfaces, or other facilities must be included.

L Location
County: _ Iredell Nearest Town: Mooresville
Subdivision name or site address (mclude phasellot nmnber): Yacht Babor Lot#29
DirectiOns to site please include road numbers, lanilmarks, etc. (This is not
necessary if an adequate vicinity map is included): see attached map

2. Describe 'the existing land use or condition of the site at the time of this
application: Soae existin~ Ri,p Rap sti 11 1 eft _ Iio~e built in '1994
no dock or good stabilization was done - at the time. Mature neb.:hborhood
with all sea walls in ulaceexc~pt this house!
,

3. Property size (acres): .64

4. Nearest body of water (stream/riverJsound/oceanllake): Lake Norman

5. Describe the purpose of the proposed work: Fix up and stabilize shore I inp w:ith
more Rip Bau/Kev Stone wall. Tnstall Boat dock

6. List the type of equipment to be used to construct the project: Tractor - Backhoe
and a lot of Band Tools !

7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: Little to Non~

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: 525 Square ft or less

b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Grass/Lawn and 2~eadtree' R

..~a~

Applicant/Agent's Signature Lee A. Smith Date
(Agent's signature is valid only if an autho~tion letter from the applicant is provided.)

1-6-05

'I

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Please approximately sketch the following information on this .plan
(please provide dimensions for each Items such as 10 It. x 100 It):
1) All proposed vegetation dearing (provide dimensions).
.2) Location of rip rap' or rdl to be placed above the Full Pond 'elevation
3) Location of rip rap or rdl to be placed below the . FuI P~nd elevation
4) The location of any proposed structures such at buUdlngs.retalnlng
waDs, dock$, etc. - . .
5) The location of any excavation o..-dredging below the Fun Pond
elevation.
6) Location of constructiOn access corridors.

,J.

.~

24/05

To: Division of Water Quality

Amt:

.$200.00

RE:

private facility dock/shoreline stabilization
for III Keel Court, Mooresville, NC 28117

m~@~DW~~

.I.l1 N 2 5 2005

DENR - WATER QUALITY
weTI.ANOS AND STORMWATER BRANCH