20050280 Ver 1_Complete File_20050214

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Mr. Joseph Keniry
2319 Tattersall Dr.
Charlotte, NC 28210
Michael F. Easky, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Rcsources
Q9?9 D Alan W. I:limek. P.E. Director
WZ) Division of Water Quality
llv v, March 2, 2005
MAR , jn5 DWQ# 05-0280
Iredell County
D?NR-,DJSTa? ?1 ?:CH
1.+?`IyDS ht
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. Keniry:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.007 acre of riparian buffer for the purpose of
stabilizing approximately 150 linear feet of shoreline on Lake Norman, as described in your application
received on February 14, 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
htto://h2o.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 approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including 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
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition 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
"Certificate 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 within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that
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.
INDo[?hCarolina
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone] i-62i b748
An equal opportunity/Affirmative ACuon Employer- 501o Recydeci/10% Post Consumer Paper
Page 2
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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. 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
CBC
Central Files
(DWa%YIEE
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
March 2, 2005
DWQ# 05-0280
Iredell County
Mr. Joseph Keniry
2319 Tattersall Dr.
Charlotte, NC 28210
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. Keniry:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.007 acre of riparian buffer for the purpose of
stabilizing approximately 150 linear feet of shoreline on Lake Norman, as described in your application
received on February 14, 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://h2o.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 approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including 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
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition 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
"Certificate 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 within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that
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.
NorthCarolina
'Vats mally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC
Central Files
Triage Check Dist
Date: 2/14/05
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 2/14/05 to 4/14/05
From: Cyndi Karoly Telephone : [phone]
Project Name: Joseph Keniry
DWQ#: 05-0280
County: Iredell
The file attached is being;fonyarded to your 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
1-1 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. 0. BOX 1006
CHARLOTTE, NC 28201-1006 p
704-382-1567 OR TOLL FREE 1-800-443-5193 ?@
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE INFNO TH L/U
CAROLINA 7005
Please type or print and fill in all blanks. If information is not applicable, so indicate b'"`?Ifir1g, ?
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABL
TO DUKE POWER, TO ABOVE ADDRESS.
IV.
I. Applicant Information
A. Name Joseph Keniry
B. Mailing Address 2319 Tattersall Drive
C. Telephone [phone]
an mar Mooresville
E. Section Lot # 70 Subdivision Pinnacle Shores
F. Directions to property by road Hwy 150 West - turn right onto Pinnacle Shore Dr. -
Left onto Plantation Drive
Location of Proposed Project
A. Lake Lake Norman
B. Street Address 182 Plantation Drive
C. County IredeII
D. City Town Community or L d 111CIIA Mooresville
G. Latitude and longitude for the project site 80.93012 35.60919
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.maosonus com. Directions: Don't register, click "Maps", enter
address, draw map, select "Map Clicking Will...", select "Lat/Long", click map)
III. Description of Project
A. Length of wall 150,
B. Material Rip Ra[
C. Distance from property line/shoreline Will follow existing shoreline
Intended Use of Project Area
A. Private X
B. Commercial
V. Applicant Signature
S 16 .s
PLEASE NOTE THE FOLLOWING: I -
• 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 28801-5006
• 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: JOHN
DORNEY, PARKWEW BLDG., 2321 CRABTREE BLVD., RALEIGH, NC 27604, PHONE. [phone]
1
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.
1. Applicant Information
Owner/Applicant Information
Name Joseph Keniry
Mailing Address
Telephone Number
Fax Number
E-mail Address
Company Affiliation
Mailing 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
Telephone Number
Fax Number
E-mail Address
II. Project Information
APPLICATIONS TO BE SENT TO:
DIVISION OF WATER QUALITY WETLANDS UNIT
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650
432319 Tattersall Dr
Charlotte, NC 28210-6771
704-552-6203
704-552-0353
CBC Custom Shorelines, Inc.
628 Oakridge Farm Hwy
Mooresville, NC 28115
704-660-5111
704-660-5969
[e-mail]
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.
Location
County Iredell Nearest Town Mooresville
Subdivision name or site address (include phase/lot number): Pinnacle Shores
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): Hwy 150 west - turn right onto Pinnacle
Shores Drive - Left onto Plantation Drive.
3.
4.
5.
2. Describe the existing land use or condition of the site at the time of this application:
Wooded Lot
Property size (acres): 0.72
Nearest body of water (stream/river/sound/ocean/lake): Lake Norman
Describe the purpose of the proposed work: Stabilize shoreline with Rip Rap
To stop erosion.
6. List the type of equipment to be used to construct the project: Work will be done
By land with Bobcat.
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
X x 150'
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 150'
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to
be impacted (number of trees for instance): Wooded 50' buffer will be protected.

Appliont/Agent's Signature
(Agents signature is valid only if an authorization letter from the applicant is pmvidecq
.Q / F/a s'
Date
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
Shoreline

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DUKE POWER 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: Joseph Keniry
Lake Name: Lake Norman
Subdivision Name: Pinnacle Shores
Property Section: Lot: 70
City: Mooresville County: Iredell
State: NC Zip: 28117
Telephone:
Type of Permit
Requested
"Circle":
-vate Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): Hwy 150 West - Turn Right onto
Pinnacle Shores Drive - turn left onto Plantation Drive
Property (description)
Wooded Lot
"Note: Please use the back of this form, if desired, to draw us a map to the site.
_ __ ..i.av ?• 1r14t1
Destination city:
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