20041976 Ver 1_Complete File_20041210

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Mr. Richard Kolka, Jr.
195 Brawley Harbor PI.
Mooresville, NC 28117
Subject: Lot 43, Pinnacle Shores
Michael 1=. E:aslcy. Governor
\fiilham G. Ross Jr.. Secretary
North Carolina Department of Divironnlcnt and Natural Resources
FEB o 1 2005
DENR . WATER
1?nANDSANDSTp?g1 H
Alan W. Klimek. P.E. Director
Division of Hater Quality
January 28, 2005
DWQ# 04-1976
Iredell County
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. Kolka:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.02 acre of waters and 0.02 acre of riparian buffer for the purpose of
stabilizing approximately 300 linear feet of shoreline on Lake Norman, as described in your application
received on December 10, 2004. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3 992_which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwet]ands. 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 parry 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
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Internet h2o.enrstate.ncus
An Equal Opportunity/Affirmative Action Employer- 50% Recysledl10% Post Consumer Paper
N Carolina
o
Atarally
Phone [phone] Customer Service
FAX [phone]
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 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.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC
Central Files
W AT ?9QG
? r
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
January 18, 2005
DWQ# 04-1976
Iredell County
Mr. Richard Kolka, JR.
195 Brawley Harbor Pl.
Mooresville, NC 28117
Subject: Approval Denied, 401 Water Quality Certification, Lot 43, Pinnacle Shores
Mr. Kolka:
On January 13, 2005, Mr. Alan Johnson of this office conducted an investigation at the subject site in
response to your Preconstruction Notification (PCN) for a 401 Water Quality Certification to stabilize
approximately 247 linear feet of shoreline on Lake Norman, as described in your application received on
December 10, 2004.
During the investigation Mr. Johnson observed that riprap had previously been installed along the
shoreline. Based on the photo submitted with the application and his observations, it appears that the request
for stabilization is for impacts made to Zone 1 of the Catawba Riparian Buffer that occurred during the
installation of the riprap.
Zone 1 consists of the first 30 feet from the project elevation (in this case the 760 foot elevation)
extending landward. The rules limit any impacts to Zone 1 without prior approval. The impact to Zone 1 that
was observed at the site, and the requested Stone Loc wall, is not allowed under current regulation. To
remediate the problem with erosion due to the impact, trees and/or shrubs should be planted in the buffer and
the area should be mulched.
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 Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
AK/aj
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC Seawalls
Central Files

for Alan W. Klimek, P.E.
None Carolina
?tura!!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%a Recycled/10% Post Consumer Paper
Date: Project Name: id'WA c? K
DWQ#: Dd
County:
To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
MRO Alan Johnson ? WSRO Daryl Lamb
RRO Mike Horan
From:. Telephone : [phone]'7/S"
The file attached is being forwarded to dour for your evaluation.
Please call if you need ash stance.
1
? 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
Comments:

c DUKE POWER LAKE MANAGEMENT, EC12-Q
1 V P. O. BOX 1006
Q CHARLOTTE, NC 28201-1006
704-382-1567 OR TOLL FREE 1-800-443-5193
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' FILING FEE, PAYABLE
TO DUKE POWER, TO ABOVE ADDRESS.
1. Applicant Information
A. Name
B. Mailing Address
C. Telephone
Richard S. KD( KA-
3 Rocklyn Dr - Suffern, NY 10901-3715
845-368-3540
_ II. Location of Proposed Project L9 09-1
D
A. Lake Norman DEC '1 0 2004
B. Street Address 113 Emerald Point Lane DENR-WATER QUALITy
-? C. County Iredell
- D. City, Town, Community or Landmark Mooresville
r7 t E. Section Lot # 43 Subdivision Pinnacle Shores
z :2f
- F. Directions to property by road 1-77 N to exit 36- West on Hwy 150 - Right on
Pinnacle Shores Dr - Right on Emerald Point Lane - Lot on Point
G. Latitude and longitude for the project site 80.93091 35.61182
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 coordina s can
be found on intemet site, www.mapsonus.com. Directions: Don't register, cl' enter
address, draw map, select "Map Clicking Will...", select "Lat(Lon f, 'c ap 7S1
III. Description of Project
A. Length of wall 300'
B. Material Stone Loc Wall
C. Distance from property line/shoreline Will follow existing shoreline
IV. Intended Use of Project Area
A. Private X
B. Commercial
V. Applicant Signature Yyw( 41(1 Date ??- 30- OV
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 28801-5006
• 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 DMSION OF WATER QUALITY, ATTENTION: JOHN
DORNEY, PARKWEW BLDG., 2321 CRABTREE BLVD., RALEIGH, NC 27604, PHONE: [phone]
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. I
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 Richard S. Ni
Mailing Address 3 Rocklyn Dr
Suffern, NY 10901-3715
Telephone Number 845-368-3540
Fax Number 845-356-2939
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): Pinnacle Shores
11
Directions to site - please include road numbers, landmarks, etc. (This is not necessary
if an adequate vicinity map is included): 1-77 N to exit 36 - West on Hwy 150 - right
On Pinnacle Shores Dr- Right on Emeral Point Lane - Property on point
2. Describe the existing land use or condition of the site at the time of this application:
Wooded Lot
3. Property size (acres): 0.93
4. Nearest body of water (stream/river/sound/ocean/lake): Norman
5. Describe the purpose of the proposed work: Stabilize shoreline with a Stone Loc
Seawall - To stop shoreline erosion Q. pro )P- ?- bAs e-
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
3. x 300'
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:
3'x300'
b. Please describe vegetation above the normal pool lake level and 50,feet land-ward to
be impacted (number of trees for instance): Wooded lot - Buffer will not be disturbed
Applicant/Agent's Signature ? Date
(Agents signature is valid only if an authorization letter from the applicant is provided)
Lake (Full Pond)
Rive. C-:3 ?=5t:3

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.
1..? U t 7' • a c 0' ri c /c•-r7 4--%? l0 I A J/ A, P/ /V c
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42
NORMAN Lot 43 7 h`/ A, . it . 3a
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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: Richard S. Mlka Jr
Lake Name: Norman
Subdivision Name: Pinnacle Shores
Property Section: Lot: 43
City: Mooresville: County: 1?.LR,E DELL,
State: NC Zip: 28117
Telephone: [phone]
Type of Permit
Requested
"Circle":
'vate Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway): I-77 North to Exit 36 - West on Hwy 150
Right on Pinnacle Shores Dr - Right on Emerald Point Lane - Property on point.
Property (i.e. brick garage, white fence, mobile home, etc.
Wooded Lot
*Note: Please use the back of this form, if desired, to draw us a map to the site.
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