20050680 Ver 1_Complete File_20050421

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CERTIFIED MAIL
Return Receipt Requested
Mr. Len Bealer
Kenneth Bealer Homes, Inc.
P.O. Box 3398
Mooresville, NC 28117-3398
C)5 J O 1w^ s 0 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\ m\ as Alan W. Klimck, P.E. Director
l Division of Water Quality
January 23, 2006
tog
JAN 3 l 2006
DENR - WAT ER uuALITY
1IVW,103 Atvu ST(yok:JATER eRAI1CN
Subject: 129 Tuckernuck Drive, The Point
Iredell County
Dear Mr. Bealer:
On August 5, 2005, this office sent you a letter in regard to impacts to the Catawba riparian buffer at the
above referenced site. In the letter you were required to replant Zone 1 of the buffer with two-inch (2) caliber,
eight-foot high native species trees at a rate of 320 trees/acre. On January 11, 2006, Mr. Barry Love and Mr.
Alan Johnson of this office conducted an inspection of the site. This inspection revealed that some trees had
been planted but not at the required rate, and also that a rock wall with a sandy beach area had been
constructed in Zone 1. The Catawba Riparian Buffer Rule requires that no disturbance occur in Zone 1.
On January 20, 2006, Mr. Love spoke to Tim Kiker of Ken Bealer Homes about the situation. Mr. Love
advised that more trees needed to be planted to meet the required rate. Specifically, four trees need to be
planted along the upper edge of the 30 foot buffer and three in the area where the beach and rock wall currently
are.- The beach and rock wall must be removed and mulch placed in this area.
The buffer must be restored by February 23, 2005. Please contact this office upon completion of the
buffer restoration, or provide photos documenting the restoration.
If you have any questions, please telephone Mr. Love in the Mooresville Regional Office at 704-663-1699.
Sincerely,
V"
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Duke Power lake Management
Wetlands Unit- Cyndi Karoly
Central Files
NPS Assistance and Compliance Oversight Unit - Danny Smith
One
N Carolina
Natima!!Y
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
W A T ?9pG
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Mr. Ken Bealer
Kenneth Bealer Homes
P.O. Box 3398
Mooresville, NC 28117
Subject: Lot 405, Tuckernuck Dr., The Point S/D
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
May 10, 2005
DWQ# 05-0680
Iredell County
Fi-MR-1016M P
MAY 1 8 2005
DENR - WATER QUALITY
WETWDS AND STORMWATER BRANCH
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 213 .0243) with Additional Conditions
Dear Mr. Bealer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.007 acre of waters and 0.007 acre of riparian buffer for the purpose of
stabilizing approximately 216 linear feet of shoreline on Lake Norman, as described in your application
received on April 21, 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:
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 26 .0243
(5))•
2. The fill that has been placed into the buffer (see attached fact sheet) area during construction of the house
shall be removed. No trees shall be removed during the process and the area shall be mulched upon
completion of the work.
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.
Nom hCarolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.ncus FAX [phone]
An Equal Cpportun4lAffirmative Action Employer- 50% Recyded/10% Post Consumer Paper
Page 2
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.
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.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC
Central Files
Triage Check List
4/22/05 Project Name: Kenneth Bealer Homes Tuckernuck Dr.
Date: Lot 405
DWQ#: 05-0680
County: Iredell
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 4/21/05 to 6/19/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded 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 (Neuse, 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!
1 DUKE POWER LAKE MANAGEMENT, EC12-Q
P. O. BOX 1006
CHARLOTTE, NC 28201-1006 0 - n 6
704-382-1567 OR TOLL FREE 1-800-443-5193 U
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 in N/A in r
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER r rn
TO DUKE POWER, TO ABOVE ADDRESS. D --?
APR 2 1 2005
1. Applicant Information
A. Name Kenneth Bealer Homes, Inc. DENR - WATER QUALITY
hET1A%DSANp
B. Mailing Address P O Box 3398 - Mooresville, NC 28117
C. Telephone [phone]
Location of Proposed Project
i, ?LA ? F J
A. Lake Norman =-? ?7 d
B. Street Address Tuckemuck Drive
C. County Iredell
D. City, Town, Community or Landmark Mooresville
E. Section Lot # 405 Subdivision The Point
F. Directions to property by road 1-77 N to exit 33 - West on Williamson Rd - Left on
Brawley School - Right on Marstons Mill - right on White Horse - Right on
Tuckernuck - on corner of Tuckernuck and Wellfleet Lane
G. Latitude and longitude for the project site Sb . q.522_ I 35-, 54 A IIt
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 internet site, www.mapsonus.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 216'
B. Material 130 &P_
C. Distance from property line/shoreline Will follow existing shoreline
IV.
Intended Use of Project Area
A. Private X
B. Commercial
V. Applicant Signature
Date

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, ASHEVIUE, NC 28801-5006
• A COPY OF THE 'DUKE POWER APPUCATION FOR PERMIT TO STABILIZE THE SHOREUNE IN NORTH CAROLINA' AND SEVEN (T)
COPIES OF THE COMPLETED 'NC DIVISION OF WATER QUAUTY PRE-CONSTRUCTION NOTIFICATION APPLICATION' MUST BE
[.1 inA/ITTt-n 1AIML-1 Tut- n1\ILL+I^AI ^t- 1 A9 A Tt-n ^I I A I ITV A- 1^AT1^AI rt-r Tn. A- 1191-9^A/ At- 9AIATrn ^91,69 1T ATTLA9Tn A1. I^914I
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
Owner/Applicant Information
Name Kenneth Bealer Homes, Inc.
Mailing Address P O Box 3398
Mooresville, NC 28117

Telephone Number 704-662-6400
Fax Number
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.
Location
County Iredell Nearest Town Mooresville
Subdivision name or site address (include phase/lot number): The Point
4
3.
4.
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): 1-77 North to exit 33 - West on Williamson
Rd - Left on Brawley School - Right on Marstons Mill - right on White Horse - Right
On Tuckemuck - Comer of Tuckemuck and Wellfleet Lane
2. Describe the existing land use or condition of the site at the time of this application:
House under construction
Property size (acres): 0.67
Nearest body of water (stream/river/sound/ocean/lake)
Norman
5. Describe the purpose of the proposed work:
- To control erosion
Stabilize Shoreline with 'p ,LdAg2 cJ ?
6. List the type of equipment to be used to construct the project: Work will be done
By barge with long reach and by land
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
1 '/2' X 216'
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:
1 '/2 X 216'
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to
be impacted (number of trees for instance): 50' buffer will not be disturbed
,/
licant/Agent's Sig ature Date
(Agents signature is valid only if an authorization letter from tho applicant is provided)
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.
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AMOUNT OF FILL CUBIC YARDS
Full Pool 3f1 r tV Z' N' P o J

(`(2` ?jELo c?J
CROSS SECTION
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: Kenneth Bealer Homes, Inc
Lake Name: Norman
Subdivision Name: The Point
Property Section: Lot: 405
City: Mooresville County:Iredell
State: NC Zip: 28117
Telephone: [phone]
Type of Permit
Requested
"Circle":
1?rivate
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): I-77 N - to exit 33 West on Williamson Rd
- Deft on Brawley School Rd - Right on Marstons Mill - right on White Horse - Right
on Tuckernuck - On corner of Tuckernuck and Wellfleet Lane
Property (description
House under construction
'Note: Please use the back of this form, if desired, to draw us a map to the site.
Maps On Us: Show Map Page 1 of 2
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R S HOLLIFIELD
PAGE 01/01
Ronald S. Ho!lifield,
SFF TlT/E- p? p K, certify that this plot was drown under
MOP recorded in _SE£ TlTL£ 8l nr i. )e' suPervlsion t recorded in book
from information os shown. K , that mthboundaries have (deed not descrip been ion surveyed, lines plots
6Ytness my or; in /
9 a stgnoturo' registration number.
Ranatd S. Hollifield. /VGpLS 1404
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on Norman,
Davldson Township Iredell County, NC
Tex 1D 4625-79-3464 D. B N/A _ P. B
and seal this list day of
Sep . 2004.
CURVE TABLE"
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