20050683 Ver 1_Complete File_20050421

4
Certificate of Completion
DWQ Project No.: County:
??? oS D
Applicant: .D n"40 y,41-1 12 S
e?
Project Name:
Date of Issuance of 401 Water Quality Certification: M A?? 7 7_ pp S'
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is
not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, ?!CC?/ I?lONw(??M1 To-"Ja i co "'g 1'?oT s hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans anfspe?ificatigns, and other supporting materials.
Signature: Date: - Z 7- 0 5
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:
OW A T ?9QG
5 W? -I
e
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 17, 2005
DWQ# 05-0683
Alexander County
Mr. Donovan Phillips
P.O. Box 849
Claremont, NC 28610
Subject Property: Lot 139, Leeward Point S/D
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. Huneycutt:
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 0.006 acre of riparian buffer for the purpose of
constructing a seawall along approximately 98 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 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. Zone 1 of the buffer shall be restored back to its original conditions. Mulch or pine bark may be used as
ground cover.
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
No hCaro]ina
aturall?
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/ 10% Post Consumer Paper
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,
, Z), , P" < " /-- --? N-1
for Alan W. Klimek, P.E.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Town and Country Properties
Central Files o D
MAY 2 4 ?005
WATER DENR. Yr'ETIRM AND ST ORMA ER BRANCH
Triage Check Dist
Date: 4/22/05 Project Name: Donovan R. Phillips
DWQ#: 05-0683
County: Alexander
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!
f d DUKE POWER P K0. BOX E MANAGEMENT, EC12-Q to j- n
CHARLOTTE, NC 28201-1006 ?.J 3.3
704-382-1567 OR TOLL FREE 1-800-443-5193
IV.
2005
A. Name Donovan R. Phillips ?ENR _ K'g1E
B. Mailing Address P 0 Box 849 - Claremont, NC 28610ATERBFH
C. Telephone [phone]
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 indica lacing N/A in -j
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FIL 7T
p??ftj
TO DUKE POWER, TO ABOVE ADDRESS. 1. Applicant Information APR 2 Y
Location of Proposed Project t
A. Lake Lake Hickory
B. Street Address #4 Blk A Leeward Point
C. County Alexander
D. City, Town, Community or Landmark Hickory
E. Section Lot # 0139 Subdivision Leeward Point
F. Directions to property by road 1-77 N to 1-40 West on 1-40 - to Hwy 321 N - Hwy 321 N
To Bethlehem - Straight on Hwy 127 - Right on Rink Dam Rd - Right on River Hills Ct -
Right on Riverview Rd - Left on Leeward Point Lp -
G. Latitude and longitude for the project site 81-25700 I 35.81336
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 98,
B. Material Wooden Sea Wall
C. Distance from property line/shoreline
Intended Use of Project Area
A. Private X
B. Commercial
V. Applicant Signaturo
Will follow existing shoreline
PLEASE NOTE THE FOLLOWING: IV /
• 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
ni murrrn'ASMU TU`- Mittinl-hl nr S-/-Trn nI SAO 1T AMMO n- nnu rrr rn. un nnnnOnu nr uu rrn n-u- 8T •rrr-?nu. §nuu
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 Donovan R. Phillips
Mailing Address P O Box 849
Claremont, NC 28610

Telephone Number 828-241-2272
Fax Number
E-mail Address

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 Tony Gaines
Company Affiliation MhR n e_ (! 0rN S4'taCGkan
Mailing Address 4 eyq el 1"a b fl,
?i c_ ?vl2-?l , N C a.4Sl?o l

Telephone Number act 2 20 Z
Fax Number
E-mail Address
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 Alexander Nearest Town Hickory
Subdivision name or site address (include phase/lot number): Leeward Point

Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): 1-77 N to 1-40- West on 1-40 to Hwy 321 N
Hwy 321 N to Bethlehem - Straight on Hwy 127 - Right on Rink Dam Rd - Right on
River Hills Ct - Right on Riverview Rd - Left on Leeward Point Lp - #4 Bilk A Leeward
Point
2. Describe the existing land use or condition of the site at the time of this application:
t-6uSE on &b PEr?.-h - 014 uuoL'>J-E lJ -38Trt.Ow1 I
3. Property size (acres): 0 .'15 A- P P 2a x i m a+e-
4. Nearest body of water (stream/river/sound/ocean/lake): Lake Hickory
5. Describe the purpose of the proposed work: Stabilize Shoreline with wooden
Sea wall -To control erosion - ?E IhoU i ?? olc st?l?ta?a 11
6. List the type of equipment to be used to construct the project Work will be done
By
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below
b, X 98'
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:
Z " x 98,
b. Please describe vegetation above the normal pool lake level and 50 feet land-ward to
be impacted (number of trees for instance):
Qld S'M-Awa(1 o44i'T1_6E
(Agent's signature Is valid only if an authorization letter from the 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.
Q))Qow -2, n;

D
*4 -RI K ILElytd Po, n4
qg I Loom Eno Ste, wal l
AMOUNT OF FILL_ CUBIC YARDS /
?,L Full Pool J t i "' D b e,
mer Pool . l a c :5L4 DacK.,,l?c (,
3 ' SC Lou)
CROSS SECTION
Arc1MJ viewer
0193 ; ^01
0132
+f.
J60
0191
' ... 99 13
rage i or i
/ ?.
960
0137 V r
4j, 6g Sa
96 1R3 9r _ ,.
S GO
013'3 ti QtS
?y 013 r40
0133A ryj ` 0140 i9?ss,
?1fp - ry
j
in
I ry t
9$0
?s - 122
9(3,3? 0174 j
"'5peLiel.Dete
_ t fl3 --
116
112 _
0105 C1?Q"
trdevelope 0j, 0 Inc 0107
http://maps.co.alexander.ne.us/sdx/mapframe.htm
3/14/2005
DUKE POWER DIREC'T'IONS 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: Donovan R. Phillips
Lake Name: Lake Hickory
Subdivision Name: Leeward Pt
Property Section: Lot: 0139
City: Hickory County: Alexander
State: NC Zip:
Telephone: [phone]
Type of Permit
Requested
"Circle":
ivate F
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): I-77 N to I-40 - West on I-40 to Hwy 321
- North on Hwy 321 - to Bethlehem - Straight on Hwy 127 - Right on Rink Dam Rd
- Right on River Hills Ct - Right on Riverview Rd - Left on Leeward Point Lp
Property (description)1,
House on property -
Note: Please use the back of this form, if desired, to draw us a map to the site.
1viaPa vii Ub. o11uw t"uutC Page 1 Of 3
on i ,SAPS DIRECTIONS FIND A E3USINESS MY ADDRESSES 11SETT
Meow
a service of Switchboardcom _-
. • ' Plan New Route I Current Route I Map Settings I Mail Route
Got $310 in instant savings on 16 new HP Compaq nc6220 Notebook
h with IntcF CentrinoTm Mobiles Technology.
Now focturing HP's exclusive ProccdTools Socuriy Solutions.
i n v• n l ??
))Save $310 now s Ral over for printer offer
What's Nearby
Click to view on map
_ Dining
Coffee Shops
Restaurants
Brew Pubs
Chinese
Italian
Mexican
Pizza
Seafood
Steak
+ Recreation &
Entertainment
+Community Services
+Shopping & Services
+Travel
Route Summary
Start: Start Point (11290 Oldo Cedar Ct, Davidson, NC)
End: End Point (Leeward Point Loop, Bethlehem, NC)
Totals: 67.7 miles, 1 hour 40 min, 24 turns (Fastest Route)
Plan-Return _Route I Plan Another Route 1 _Delete Route
Jump to Turn-by Tum Directions I Show Full _.Route _on Map I Hide Large
?? Love Valley o PAN BY:
Ceder Rode ° Harmony FULL SCREEN
n Tay srsvilks ? 4 ?
TaylorsvilleR4- .?
Stitt Point ILeliij
lethle E HALF SCREEN
19-24` 'l 3 9 I?
Rho • ' a 1 Z? !te UC Clevelrnd g b
-0 ?1' 10-18 T
1 e n ~ . , g ZOOM FAR IN
?.r
ZOOM IN
fir 16
tic 10 ?`?Y G Sherri Fc s ZOOM OUT
?? ?_t? j'' ZOOM FAR OUT
?.r WatpvrE: ;d g
Llacol tea ?° ! 1-4 apps I BLACK&VVHTE
DROP ROUTE
cRstatt
gh he Laws- tr44 VIP,
S'
Chefryvius Hi t
,
a Utley
D as
Bessemer City Mount Hb?
eYA &74 LESS DETAIL
1jr 0.0 M CENTER: -01.06021 35.65163
Map by Maps On U (R)
l]t9s4-2005 TdeAtlas KM, Switchboard. Use wbjtd to LICENSE.
Scale (mi/in): 10.0 ._1 Map-Clicking will: Show Long/Lat _j
REDRAW MAP WHAT'S NEARBY?
Explain Mal) Operations
Problems printing? Get a Printable Map.
http://mapsonus.switchboard.comlbinlmaps-route/usr= --423c4533.d3O4.62c5.5/c=161isredi... 3/19/2005
Register with-

iviaps un us: snow iviap
AdOWL __ - a 0
Page 1 of 2
Draw New Map I Current Map ( Map_Settings I Mail Map
Register with
What's Nearby
Click to view on map
_ Dining
Coffee Shops
Restaurants
Brew Pubs
Chinese
Italian
Mexican
Pizza
Seafood
Steak
+ Recreation &
Entertainment
+Community Services
+Shopping & Services
+Travel
LEEWARD POINT, CLAREMONT, NC
PAN UY:
FULL SCREEN
HALF SCREEN
ZOOM FAR IN
ZOOM IN
LESS DETAIL
Aom 8
he be.
hup://mapsonus.switchboard.corn/bin/maps-maponly/usr---423 c4533.d304.62c5.5/c=3/for... 3/19/2005
Scale (mien): 0.40 A Map-Clicking will: Show Long/Lat
REDRAW MAP WHATS NEARBY?
Explain Map -Operations
Problems printing? Get a Printable Map.
TopoLone -The Web's l opograpluc Map
PA

0??V?1_-z___1

1 / f M - f
f 1?'r i -';I l 4 •#` f!j C, _ '1? ,` :,, - ti -?,. ? StF ? ?'\.\ -°-11`_.. (?? ?
+
r1q
rabc i vi i
?ly 1
_?'%j? fr?'i ? r
l _ r\?
S, Not.
..,, ,
Is dot-,

'Am
Ilk,
0 0.3 0.6 0.9 1.2 1.5 kA
0 0.2 0.4 0.6 0.8 1 Ri
Map center is UTM 17 476466E 3963106N (WGS84/NAD83)
Bethlehem quadrangle
Projection is UTM Zone 17 NAD83 Datum
0
I
M=-6.937
G=-0.152
http:/hv-%vv.topozone.com/print.asp?z=17&n=3963105.95436008&e=476466.07133107&s... 3/19/2005
Leeward Point
Lake Hickory