20050682 Ver 1_Complete File_20050421

F W A T?9 Michael F. Easley. Governor
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pG William G. Ross Jr.. Secretary
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North Carolina Department of Environment an
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--{ Alms W. Klimcl.. P.E. Director
p -? Division of Water Quality
May 3, 2005
DW Q# 05-0682
Gaston County
Mr. Brian Fornato
12674 Overlook Mountain Dr.
Charlotte, NC 28216
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. Fornato:
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 150 linear feet of shoreline on Mountain Island Lake, 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.erir.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
NJ -1699 North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone X70) 6663 63 6040 1ustorn r Service
Internet: h2o.enrstate.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recyded110% Post Consumer Paper
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Page 2
conforms to Chapter 1508 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
ag@0mVa?
MAY 1 0 2005
DENR-WATER QUAUB-
Y 8
V.-r ACIDS AND STOf?MWA
Triage Check List
4/22/05 Project Name: Brian and Brita Formato
Date: DWQ#: 05-0682
County: Mecklenburg
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 4/21/05 to 6/19/05 1 i
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!
DUKE POWER LAKE MANAGEMENT, EC12-Q
P. O. BOX 1006
CHARLOTTE, NC 28201-1006 050682
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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 1 ING E PAYABLE
?TO DUKE POWER, TO ABOVE ADDRESS. D `'M///7 D
1. Applicant Information APR 2 1 2005
A. Name Brian & Brita Formato
B. Mailing Address 12674 Overlook Mountain Dr - Charlotte, NC 28M1-46"
SAND ' - ""I r-t( yA LITY JCH
C. Telephone PAJ 704731-1185
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II. Location of Proposed Project i{
i 0 1. A. Lake Mountain Island Lake L j;
B. Street Address 12674 Overlook Mountain Dr
C. County Mecklenburg
D. City, Town, Community or Landmark Charlotte
E. Section Lot # 346 Subdivision The Overlook
F. Directions to property by road Hwy 16 North - Right on Mt. Holly-Huntersville Rd
Left on Overlook Mountain Dr - house on right
G. Latitude and longitude for the project site 80.95020 35.34864
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 Will...", select "Lat/Long", click map)
Description of Project
A. Length of wall 150,
B. Material Rip Rap
C. Distance from property line/shoreline
Will follow existing shoreline
IV.
V. Applicant Signaturo Date (J \
0
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 28801-5008
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
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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 Brian & Brita Formate
Mailing Address 12674 Overlook Mountain Dr
Charlotte, NC 28216
Telephone Number 704-731-1185
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 Mecklenburg Nearest Town Charlotte
Subdivision name or site address (include phase/lot number): The Overlook
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): Hwy 16 North - Right on Mt Holly-
Huntersville Rd - Left on Overlook Mountain Dr - House on right
2. Describe the existing land use or condition of the site at the time of this application:
House on lot with landscaped yard - W expo t=d
3. Property size (acres): 1.135
4. Nearest body of water (stream/river/sound/ocean/lake): Fountain Island Lake
5. Describe the purpose of the proposed work:
- To control erosion
Stabilize Shoreline with Rip Rap
6. List the type of equipment to be used to construct the project
By barge with long reach
Work will be done
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
2,' 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): 100' buffer will not be disturbed
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided)
Lake (Full Pond)
Full Pond
Shoreline
Please approximately sketch the following information on this plan (please provide dimensions
for each item, such as 10 it 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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Page 1 of 1
Mecklenburg County, North Carolina
POLARIS
Parcel Ownership and GIS Summary
Date and Time: 41712005 8.17.•29 PM
Parcel /D #: 023 29452 GIS /D #: 02329452 Building Photography
Owner Name: BRIAN EVERETT FORMATO PHOTO #1
AND BRITA O FORMATO Location: 12674 OVERLOOK MOUNTAIN DR
Mailing Address: 12674 OVERLOOK
'
MOUNTAIN DR
CHARLOTTE, NC 28216 ,
Proper ty Characteristic s
Legal Desc.: L346 M28-802
Land Area: 1.135AC
Fire District: 11-COOKS

Special District: FIRE SERVICE A

Account Type: INDIVIDUAL
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UNINCORPORATED Information contained within this photo may be used as a visual aid
and to
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Property Use: SINGLE-FAM County, North Carolina. There are inherent errors and limitations
associated with this type of electronic medium. Mecklenburg County
Deed Reference(s) and Sales Price cannot warrant or guarantee the information contained herein Including
but not limited to its accuracy or completeness.
17335-921 (6/11/2004) $730,000.00
11787-060 (12/14/2000) $660,000.00 Powered by
11127-306 (3/3/2000) $150,000.00 ?-' -
Situs Addresses Tied to This Parcel ??®
12674 OVERLOOK MOUNTAIN DR ?Q
Site Location Information -
y
Zoning Boundaries: Contact Appropriate Planning
Department or See Map. 4
ETJ Area: CHARLOTTE [:rogrv?b+rlefirumeUauSjurws
Charlotte Historic Districts: NO
Within Charlotte 6/302005 Annexation Area: YES
Census Tract #: 61.01
Parcel Falls Inside SWIM Buffer?: YES
FEMA Flood Information
FEMA Panel #: 3701590104E
FEMA Flood Zone: IN:VIEW FEMA FLOODPLAIN
TO VERIFY
FEMA Panel Date: 02/042004
Regulated Watershed Information
Watershed Name: Mtn. Island Lake
Watershed Class: CA-4
he Information provided by this program is prepared for the inventory of real property within Mecklenburg County and Is compiled from recorded
eeds, plats, tax maps, surveys, and other public records and data. Users of this map data are hereby notified that the aforementioned public
,unary information sources should be consulted for verification of the information. Mecklenburg County and its mapping contractors assume no
al responsibility for the information contained herein.
http://maps2.co.mecklenburg.nc.uslwebsitelrealestatelParcelDetailsPhotoReport.asp 4/712005
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DUDE PORTER 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: Brian 8s Brita Formato
Lake Name: Mountain Island Lake
Subdivision Name: The Overlook
Property Section: Lot: 346
City: Charlotte County: Mecklenburg
State: NC Zip: 28216
Telephone: [phone]
Type of Permit
Requested
"Cir "•
Private Facili
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): Hwy 16 North - Right on Mt. Holly-
Huntersville Rd - Left on Overlook Mountain Dr - House on right at lake
Properly (description
Stucco house with landscaped lawn - 12674 Overlook Mountain Dr
*Note: Please use the back of this form, if desired, to draw us a map to the site.
iviaps un us: snow iviap
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Draw New Map I Current Map Ma Settings I Mail a
Real5ter with
What's Nearby
Click to view on map
_ Dining
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r Restaurants
r Brew Pubs
t Chinese
r Italian
r Mexican
l Pizza
r Seafood
r Steak
+ Recreation &
Entertainment
+ Community Services
+ Shopping & Services
+ Travel
Map Size: 370 x 400
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Default Size
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