20040702 Ver 1_COMPLETE FILE_20040428

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P. E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality

July 7,2004

DWQ Project # 04-0702
Iredell County
Page 1 of 3

Charles Huffman
12600 Long Cove Drive
Charlotte, NC 28277

And

Scott Needham
115 Penisula Place Lane
Mooresville, NC 28117

Lot# 32, Ponderosa Circle, Mooresville, NC
Lake Norman (Catawba River) [03~08-32, 11-(75), WS-N B CA]
\
\
Approval Of 401 Water Quality Certification And Auth~rization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions

Subject Property:

Dear Mr. Huffman & Needham:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact approximately 0.001 acres of waters, 52.5 square feet (ft2)
of protected riparian buffers and approximately 12 feet of shoreline for the purpose of removing
a portion of an existing boat ramp located on Lot# 31 and install an equivalent amount on your
property (Lot# 32), as described within your application dated June 20, 2004. After reviewing
your application, we have decided that the impacts are covered by the N.C. Division of Water
Quality (DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The
Certification(s) allows you to use Regional General Permit No. 198200030 when issued by the
US Army Corps of Engineers (USACE). This letter shall also act as your approved
" ,.... '.. Authorization Certificate for-impacts to the protected riparian buffers per 15A NCAC 2B .0243.
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control and Duke Power regulations and permits. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
,-...._...____ ""__.~__..ll. of n~ ~nl"ll I':!<~An

~

Charles Huffman and Scott Needham
Page 3 of3
July 7, 2004

is thereby responsible for complying with all conditions. T is approval requires you to follow
the conditions listed in the attached certification and any a 'tional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated etland Permit) are met. No other
impacts are approved including incidental impacts:

Shoreline
404/CAMA Wetlands
Waters
Buffers

Amount Approved
(Units)
12 (feet)
nla (acres)
0.001 (acres)
52.5 (s uare ft.)

Plan Location or Reference

2. Diffuse Flow

\
An additional condition is that all stormwater shall ,e directed as diffuse flow at non-
erosive velocities through the protected stream buff; h and will not re-concentrate before
discharging into the stream as identified within 15 NCAC 2B .0243(5).

3. Certificate of Completion

Upon completion of all work approved within the 4 1 Water Quality Certification or
applicable Buffer Rules, and any subsequent modif cations, the applicant is required to
return the attached certificate of completion to the OllWetlands Unit, North Carolina
Division of Water Quality, 1650 Maj.l Service Cent r, Raleigh, NC, 27699-1650.

Violations of any condition herein set forth may result in r vocation of this Certification and may
result in criminal and/or civil penalties. The authorization 0 proceed with your proposed
impacts or to conduct impacts to waters as depicted in yo application and as authorized by this
Certification shall expire upon expiration of the 404 or C Permit.

If you do not accept any of the conditions of this Certificat on (associated with the approved
wetland or stream impacts), you may ask for an adjudicato hearing. You must act within 60
days of the date that you receive this letter. To ask for a haring, send a written petition, which
conforms to Chapter 150B of the North Carolina General tatutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 714. This certification and its
conditions are final and binding unless you ask for a heari g.

..

Charles Huffman and Scott Needham
Page 3 of3
July 7,2004

Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of O.S. 150B.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B
.0243. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.

Sincerely,

A WK/bs

Enclosures: Certificate of Completion
OC 3373

\
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office \
DWQ Mooresville Regional Office
File Copy
Central Files

Filename: 04-0702 Charles Huffman (Iredell) 401-CBR

I'

..

401 iSSUED

()L{a70~

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-retillidable application fee to the Division of. Water" Quality of $200.00 for
impacts of tp lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.

APplications should ,be sent to:

,. j.

...-' ';-'

"Division,of Water' Quality Wetlands Unit)
1650 Mail Service Center
Raleigh, NC 27699-1650

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~LANDS/401GROUP

~~~. a 0 2004
WATER QUALI1Y SECTION

I. Applicant Information

1. Owner/Applicant Information
~ , Name: ' \
Mailing Address:

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. Telep~oneNumber: 1b'l''-''91 .i':1-. .:.FaxNI;t1nber:1o'" ..S~~." H, \ t)
I E-maIl Addres~:, t '" r~~, ~. ~ .C, ,. t ~., b \ ~ w ~. fj. Lo M.

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: . . ~ f!Itr
Company Affihat16n: \.
Mailing Address:

".' ~.

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Telephone Number:
E-mail Address:

..

. Fax Number:

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II. 'Project Information

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Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as townS',' rivets" 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

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your project. Also, see the example below for guid ceo Both the vicinity map and
site plan must include a scale and north arrow. he footprints of all buildings,
impervious surfaces, or other facilities must be incl ded.

I. Location ' "~
County: \~~ A.\\ N arestTown:~t".s \It \ t
Subdivision name or site address (include phas /lot number): B 6 N" 2.
Directions to site please include road number, landmarks, etc. (This is not
necessary if an adequate vic' . ty map is includ d):
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2.

3. Property size (acres):

4.

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7.

8.

Applicant/Agent's Signature Dat
(Agent's signature is valid only if an authorization letter om the applicant is provided.)

--fo lot ~~~..tl ~o L c)~ 3 J-

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Plea.seapproximately sk'ekh the fohwing information on this Iplan
(please provld'edmeMlons for each 1teID, such as 10 ft. :IC: 10G n):
1) AI proposed vegetationereMlnl (provide dilhensions) 5 ~ . S ·
.2) Location of rip rap or fin to be placed abo~e the full 'ond elevation pA
3) location of rip rap or fill to be placed below the FUll Pond elevation I""'r\ ~
4) ,.....Iocatlon of any pro;posed structures such as bulldlngsl retaining'1'\.*
wals. docks" Itc.
5) "he leealionof any eRavation or drBdging below the, Full iPond ~
elevation.
S) Location of con.$lruetlon aecess corridors.

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~LDt .32 ....b.t-~
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lot '-t '12.."

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Pleaseillppl'OXimately slsielch the following DO ation on this plan
(please provide clmenslonslor each llem~ such 10 ft. x 100 ft):
1) All proposed veptation etearing (proifide dl nsions)
',:2) Location of rip rap or fill to be placed Go,",e te Full :Pond elnalon
" 3) Location or rip ...., or fill to be placed below t e iFull Pond elevation
4) The location or any proposed sliruct.ures sue as buildings, fietalnlng
walls, docks.. etc.
.S) The location of any excavatianar dredging b
elevation.
6) Location of construcllon access corridors.

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S DON ALL E N & ASS 0 C I ATE S . P. A,
D t 'Since '971-
Commercial · Residentiol · Mortgage Surveys - Multl-Family
Construction Stoking · Subdivision Design - Topogrophical
[phone] [phone] Fox
I, certify that this mop was drown under my supervision from on actual
survey made under my supervision recorded in deed book__~___. page_.JilL_ and/or
plot book__-l__, page_-L__. that the ratio of precision is 1': 10.000. that this mop
was prepared in accordance with the General Statutes of North 9 ~ter 8ge.
my hond and seal on the _~__, day of _~~__, A. . ....

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VICINITY MAP

~

LOT 33
WILLIAM J. DIXON
'012/436

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It
_ S 65'013'03" E
(l1E ONLY)

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"lot %,0-. _
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j; '" Bl"1
(:) OJ I - iii~ I
01"" "" lS I
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cl~ 8 :
..... - I PROPOSED PROPERTY LINE PER PIPPIN
~ ITJ I LAND SURVEYING MAP #980212 DATED
,.-- JANUARY 30. 1998.
: MAP WAS NEVER RECORDED
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NO SCAlL

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N 54:;;.00' W
95.00'

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friD)
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LOT 32
0,47 AC.

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LOT 3 t
HARRY".
ROODHOUSE
t 145/t984

13 RWJl ?

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(nE"ONLY)
N 63'2'36" W
84.83'

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94.91'

.p.
8.1" t <f/1 118.83'
"tb ::=- S_65,"Q2'99:"'E ,9~Q4' rc;>:r~
~AO POWER IlRICK .
l:()I.WN

PONDEROSA ROAD
(PAVED)

100'

1

NOlES
1) ~ ~:~ ~~ ~~:fJ;J~WAY
2) ~~:Ulf:D BY lItE COORDlIlAlf:
)) ~r:c 760' " 76" CON'IllUR ELEV-
A lION BASED ON LN<E NORIlAN ~
LEVEL AT COWAN'S FORD DAM (REAl\I"G
ON 7/17 /2OfJJ ) ELE\IA nON. 758.8 \,.. 0 T

0' 20' 40'
~
SCALE IN FEET
80UNDARYSURVEY
OF

32 LAKE NORMAN BONANZA

" 40'
SCALE ~-=-__ DAVIDSON TWSP.. IREDE\..L CO.. N.C,

ACQUIRED BY: CHARLES W. HUfFMAN

&0.0'

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LEGOlD
on. - P.P. - POlIIER P(ll.t
CI - DUKE POwEll tRANS.
E.IJI. - EXl5'IlNG IROH f'OIJNll
LP,$. _ ". RI!8AR 5U
R/W - R1CH1-0I'-WA'Y
(I - IltLL

FIELD BOOK: 61'
F.I.E: 8174
DCFlLE:
TAX IIAP NO: 4fqZ3414

CHARLES HUFFMAN
12600 LONG COVE DRIVE
CHARLOTTE NC 28277

TEL [phone] CELL [phone] WORK [phone]

TO

FROM

Name: Alan Johnson Name: Chuck
Date: 3/17/04
No. of Pages: 2 Fax No: 704-663-6040
( Includes cover page)

Dear Alan,

I spoke with Mr. Mike Parker today with regard to lot 32 on Ponderosa Road. The basic
situation is this; I inherited lot 32 and lot 31 from my family approximately 6.5 yrs ago.
I then had a survey and appraisal done on Lot 31 and Lot 32. There is currently, a house on ,~.
Lot 31-as that is the house that I lived in with my family from 1974 to 1980 when I went off t,
to college. The survey was performed by Pippin Land Surveying. At the time of the survey
Mr. Pippin noted to me that the concrete boat ramp located on Lot 32-- shown on the survey
did extend out over the Lot 31 which I was planning to sell. He indicated at that time that it
would be best to move the lot line to have the concrete ramp located fully on lot 32, the lot I
was going to keep. Based upon this I gave to him my approval to do this---however the
survey was not recorded at the County office. This fact was realized by me and the current
owners of Lot 31 approximately 6-7 months ago. Until that time all parties had accepted the
Pippin survey.

However once the current owners realized that the Pippin survey was not recorded properly
-they expressed their desire to their new found property. I consulted a lawyer to explore
options -and it was decided that the cost for me to try to re~over the property would not be
something that should be pursued. My lawyer did not feel that this would have a negative
impact upon the property value -and he did not feel that the concrete ramp being located
slightly on the other lot would be a problem for the owners of lot 31 (the concrete ramp was
build on the property around approx. (1976-1977). However within the last several weeks
the ramp situation has become a problem. The owners of Lot 31 have indicated to me that
they do not wish for the owners of Lot 33 (the Dixons) using their property-the very last part
of the ramp. To prevent the Dixon's from using the ramp they drilled holes in the ramp and
placed steel rebar in the holes and then cemented the rebar into the ramp. The rebar now
extends up out of the concrete ramp approximately 5 feet. (The rebar was later removed
and replaced by a telephone pole.)

I have since spoken with the owners of lot 31-advised them that it would be best to remove
the rebar as this is a safety hazard. They originally did not agree that they had to move -but
have now come to the understanding that they must move the rebar as they now have been
noticed of this by Ms. Ann Duncan of Duke Energy.

CHARLES HUFFMAN
12600 LONG COVE DRIVE
CHARLOTTE NC 2827

TEL [phone] CELL [phone] WORK [phone]

At present I wish to resolve this issue to best suit all parties while still maintaining if possible
the ramp. I have found that I can not negotiate with the owners of Lot 31-therefore I feel it
best to remove the portion of the ramp located on their property. Mr. Parker indicated to me
that this is proper and legal to do. Also I would like to ask for permission to put back and f
equal amount as the amount removed onto my lot-lot #32. Therefore the ramp will be
usable. Please advise if this is possible. Also would it be possible for someone to indicate
to me as to what point I should remove the concrete pad---is it to the Pier Projection line
which is shown on the survey---or is it to some other point---Iot projection line ??? I wish to
do what is necessary to make the owners of lot 31 happy. I look forward to your assistance.

THANK YOU AND BEST REGARDS

tu

Charles W. Huffman C.E.M.
"CHUCK"
email: [e-mail]

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

Coleen H. Sullins, Deputy Director
Division of Water Quality

June 11, 2004

DWQ Project No. 04-0702
Iredell County

CERTIFIED MAil: RETURN RECEIPT REQUESTED
REQUEST FOR MORE INFORMATION

Charles W. Huffman
12600 Long Cove Drive
Charlotte, NC 28277

Subject Property:

lot # 32, Ponderosa Circle, Mooresville, NC
Lake Norman (Catawba River) [03-08-32, 11-(75), WS-IV B CA]

Dear Mr. Huffman:
On April 28, 2004, the Division of Water Quality (DWQ) received your Minor Variance application to impact approximately
0.001 acres of waters and 0.004 acres of protected riparian buffers to remove a portion of an existing boat ramp located
on Lot # 31 and install an equivalent amount on your property (Lot # 32). The proposed activity does not require a Minor
Variance under the Catawba River Buffer Rule (15A NCAC 02B .0243). The proposed activity is classified as a "water
dependent activity" use within the Catawba Buffer Rule. This use is currently designated as "exempf' and does not
require written authorization from the DWQ. However, the DWQ has determined that this activity will require DWQ
approval for the use of General Water Quality Certification No. 3373. As such, the DWQ has determined that your
application was incomplete as discussed below. The DWQ will require additional information in order to process your
application to impact protected waters on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B
.0243(8) and will place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to revie:w your project.

o Application - Please complete the attached application and return the original and two (2) copies to this office. Be sure
to include the required application fee of $200. Checks should be made out to the N.C. Division of Water Quality.

Please respond within three weeks of the date of this letter by sending this information to me in writing and Mr. Alan
Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three weeks, we will assume that you
no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the
application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any
impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Bob Zarzecki at
919-733-9726 if you have any questions regarding or would like to set up a meeting to discuss this matter.

Sincerely,

cc: USACE Asheville Regulatory Field Ottic
DWQ Mooresville Regional Office
Ms. Ann Duncan, Lake Management, Duke Power, PO Box 1006 - EC12Q, Charlotte, NC 28201
File Copy
Central Files

o n Dorney, 1
W tlands/401 Unit, jQ.

JRD/bz

North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o,enr,state,nc.us/ncwetlands/

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

Coleen H. Sullins, Deputy Director
Division of Water Quality

June 11, 2004

DWQ Project No. 04-0702
Iredell County

CERTIFIED MAil: RETURN RECEIPT REQUESTED
REQUEST FOR MORE INFORMATION

Charles W. Huffman
12600 Long Cove Drive
- Charlotte, NC 28277

Subject Property:

lot # 32, Ponderosa Circle, Mooresville, NC
Lake Norman (Catawba River) [03-08-32, 11-(75), WS-IV B CAl

Dear Mr. Huffman:
On April 28, 2004, the Division of Water Quality (DWQ) received your Minor Variance application to impact approximately
0;001 acres of waters and 0.004 acres of protected riparian buffers to remove a portion of an existing boat ramp located
on Lot # 31 and install an equivalent amount on your property (Lot # 32). The proposed activity does not require a Minor
Variance under the Catawba River Buffer Rule (15A NCAC 02B .0243), The proposed activity is classified as a "water
dependent activity" use within the Catawba Buffer Rule. This use is cur~ently designated as "exempt" and does not
require written authorization from the DWQ. However, the DWQ has det~rmined that this activity will require DWQ
approval for the use of General Water Quality Certification No. 3373. As such, the DWQ has determined that your
application was incomplete as discussed below. The DWQ will require additional information in order to process your
application to impact protected waters on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B
.0243(8) and will place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.

o Application - Please complete the attached application and return the original and two (2) copies to this office. Be sure
to include the required application fee of $200. Checks should be made out to the N.C. Division of Water Quality.

Please respond within three weeks of the date of this letter by sending this information to me in writing and Mr. Alan
Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three weeks, we will assume that you
no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the
application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any
impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Bob Zarzecki at
919-733-9726 if you have any questions regarding or would like to set up a meeting to discuss this matter.

Sincerely,

cc: USACE Asheville Regulatory Field Offic
DWQ Mooresville Regional Office
Ms. Ann Duncan, Lake Management, Duke Power, PO Box 1006 - EC12Q, Charlotte, NC 28201
File Copy
Central Files

o n Dorney, 1
W tlands/401 Unit, rQ.

JRD/bz

North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h20.enr,state.nc.us/ncwetlands/

I OFFICE USE ONLY: Date Received

Request #- _______.__ t

State of North Carolina
Department of Envlronment and Natural Resources
Division of Water Quality

04070

Variance R~questForm - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

NO TE This form may be photocopied ror use as an originaL

~~..~~~. ~''''''''''''~~''''-'''~''''''''_Y''~m'~'-'~''*'W',,(p'~~~'''''''' "~'=:o~",z..",..~~P"~~~~_'::;' ~~-'~'~_Y-~'7"~~!r"'_~W':.!""',,~m'w,

Please identify which Riparian Area (Buffer) Protection'Rule applies.

[J Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenanc-e of Riparian Ar-eas Rute (15A NCAC 02B
.0233)

[J Tar-Pamlico River Basin: 'Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of .Riparian Areas Rule (15A
NCAC 02B .0259)

hatawba River Basin: Protection a~d Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243}

1. Applicant's name (the corporation, individual, etc. who owns the property):
c: hA. \.~s 1;-\ "" ~,.fVlt\A. N

APR 2 8 2004
WATER QUAlITY SEC:'nCJJ

2. Print Owner/Signing Official (person legally res onsible for the property and its compliance)
Name: C:. It' \ W, """,, M" tJ
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

P",:v(
C),8"-a...11

\ '2. ~oo LD""~ (0 \.H
. c...IAA " \ 0 l-f AJ <... .
(,il4) 3<.. \ - "2.1. g,
.o.ill S~3- I <JJ Ii)

3. Contact person who can answer questions about the PF~posed project:
Name: (' hA'r\( S W \~ '^~...." J'1
Telephone: (IO~)'i'2.-'- 2(,rC) '"'~ Cd~ :1olf &08. g1~'-I Wc-.-...I.'-lo'1'i"l'1 I~
Fax: .c:lQ.1J S g 3 - I~ LO
Email: We"\lt..-hU~-\-W\.I\.v(.-\--Ll)etJJ~tJ~~V.:.II}wW.1<heme-c.114-4~....;tC4rol..vA. rr.(OIl

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters,oper~tiol]l and maintenance agreements, etc.):
~2... ()Av\c\Q..-\ O)~ 1-\ C,rc..e

Version 2: November2002

5. Project Location: D
Street address: 1i 3 2... \ ? lvd { 1/ <) ') t:
City, State, Zip: (\A nO i""es\..lI \\? 1J ---=-
County; \ If e ~e \ \ C <9'...."....:lj
Latitude/longitude: S L\ (' J ( 1 1/\/1 ~ I {V L I ... d{ ~

6. Directions to site from nearest major intersection (Also, attach an 8 %x 11 copy ofthelJSGS

m~9iaPi~iifue~cm~~_~,~ - ~ F'~;+3J
~:: - -f~+L-~t3L -'~' (~(ifo ::t(>:f~'"

7. Stream to be impacted ,by the .pfDposed~Ry: .. ,
Stream name (for unnamed streams labet as "UT" to the nearest named stream):
\- C'\, 't...e to $-'\ Wl 0. N
Stream classification [as identified within the. Schedule-of Classifications 15A NCAC 26
.0315 (Neuse) or .0316 (Tar-Pam1ico)}:

8. Which of the following permits/approvatsWn1 be required or have been received already for
this project? .

Required: Received:

Date received:

Permit Type:
CAMA Major
CAMAMinor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit Oncluding stormwater)
Non-discharge Permit
Water Supply Watershed'Variance
Others (specify)

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)

1 . Description of proposed activity [Also, please attach a ma~of sufficientdetail (suchas:.a .plat
map or site plan) to accurately delil1eatethe boundan.es--Of--tRe-lanctto..be utilized in cartying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the. extent of riparian buffers on the land. Include the area
of buffer impact in 1f.I: . , ~

!Et*~rtt~~~~~:t~*~J~

2. State reasons why this plan for the proposed activity cannot be pr~cticallyaccomplished,
reduced or reconfiguTed~ better IlIinil I li..!e or eiiminate disturbance to the,ripafi-aR buffers:

~~~ ~~~~~~b~r~~~

Vari~nce Request Form, page 2, . r~
Version 2: November 2000 , I . 11.-... ~ A --h \ 1/\ ,I .J. . 'J J
Cv\.Xcr, ~ /V~ ~-&\.5 r ~ 1-"'" - 0 lA} I. Vif-'..- \'VVr'\1 VvV 0

b ~ ,1 ~/\ L &t~ P'1_AY(2..e_~~J

3. De.scription of any best management practices to' be used to' cantral impacts a5S0€iated with
the prapased activity (Le..contr.ol of r.unoff fr.o.m imperviaus surfaces,,to provide diffus.e flow,
re-planting vegetation ar enhancem.entafexistingveg.e,tatia , etc.):
\ \ I( l

lJ
-t\)

4. Please provide an explanatian af the fallowing:
(1) The practical difficultiesQJ hardships that wauld result fram the strict applicatian af this
Rule. ~ b~+-

-iO-l-f
( <J.1A.

I
V'Y\. "I {) (' e- . .
(2) Haw these difficulties ar hardships result from .conditions that are unique to the praperty
invalved.
'0

w~~
~~
~~

2~ & ,+ l> ~~.

Part 3: Deed Restrictions J.. p L.o.a. ~ ~ J ~ )

By yaur signature in Part 5 afthis applicatian, y~fy that all structural starmwater best
management practices required by this variance shallbelocaled in recorded.starmwater
easements, that the easements will run with the land, that the easements cannat be changed or
deleted withaut cancurrence fram the State, and that the easements will be recarded priar to' the
sale af any lat.

Part 4: Agent Authorization

If yau wish to' designate submittal autharity to' anather individual or firm sa that they may pravide
infarmation an yaur behalf, please camplete this sectian:

Designated agent (individual ar firm):
Mailing address:
City, State, Zip:
Telephane:
Fax:
Email:

/13
fV .

Part 5: Applicant's Certification

Variance Request Form, page 3
Version 2: November 2000

I, C. hAdeJ W < \-\,,,,-.(..(.W\.~ pJ (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.

Signature:
Date:
Title:

Ch~ \.0,
'iJs-iOL(
I
() w tJf'{'

~bv~
DD L.-o+ 32-

Variance RequestForm, page 4
Version 2: November 2000

CHARLES HUFFMAN
12600 LONG COVE DRIVE
CHARLOTTE NC 28277

TEL [phone] CELL [phone] WORK [phone]

TO

FROM

Name: Alan Johnson Name: Chuck
Date: 3/17/04
No. of Pages: 2 Fax No: 704-663-6040
( Includes cover page)

Dear Alan,

I spoke with Mr. Mike Parker today with regarq to lot 32 on Ponderosa Road. The basic
situation is this; I inherited lot 32 and lot 31 from my family approximately 6.5 yrs ago.
I then had a survey and appraisal done on Lo~ 31 and Lot 32. There is currently a house on
Lot 31-as that is the house that I lived in with my family from 1974 to 1980 when I went off
to college. The survey was performed by Pippin:Land Surveying. At the time of the survey
Mr. Pippin noted to me that the concrete boat ramp located on Lot 32-- shown on the survey
did extend out over the Lot 31 which I was planning to sell. He indicated at that time that it
would be best to move the lot line to have the concrete ramp located fully on lot 32, the lot I
was going to keep. Based upon this I gave to him my approval to do this---however the
survey was not recorded at the County office. This fact was realized by me and the current
owners of Lot 31 approximately 6-7 months ago. Until that time all parties had accepted the
Pippin survey.

However once the current owners realized that the Pippin survey was not recorded properly
-they expressed their desire to their new found property. I consulted a lawyer to explore
options -and it was decided that the cost for me to try to recover the property would not be
something that should be pursued. My lawyer did not feel that this would have a negative
impact upon the property value -and he did not feel that the concrete ramp being located
slightly on the other lot would be a problem for the owners of lot 31 (the concrete ramp was
build on the property around approx. (1976-1977). However within the last several weeks
the ramp situation has become a problem. The owners of Lot 31 have indicated to me that
they do notwish for the owners of Lot 33 (the Dixons) using their property-the very last part
of the ramp. To prevent the Dixon's from using the ramp they drilled holes in the ramp and
placed steel rebar in the holes and then cemented the rebar into the ramp. The rebar now
extends up out of the concrete ramp approximately 5 feet. (The rebar was later removed
and replaced by a telephone pole.)

I have since spoken with the owners of lot 31-advised them that it would be best to remove
the rebar as this is a safety hazard. They originally did not agree that they had to move -but
have now come to the understanding that they must move the rebar as they now have been
noticed of this by Ms. Ann Duncan of Duke Energy.

CHARLES HUFFMAN
12600 LONG COVE DRIVE
CHARLOTTE NC 2827

TEL [phone] CELL [phone] WORK [phone]

At present I wish to resolve this issue to best suit all parties while still maintaining if possible
the ramp. I have found that I can not negotiate with the owners of Lot 31-therefore I feel it
best to remove the portion of the ramp located on their property. Mr. Parker indicated to me
that this is proper and legal to do. Also I would like to ask for permission to put back and
equal amount as the amount removed onto my lot-lot #32. Therefore the ramp will be
usable. Please advise if this is possible. Also wduld it be possible for someone to indicate
to me as to what point I should remove the concrete pad---is it to the Pier Projection line
which is shown on the survey---or is it to some other point---Iot projection line ??? I wish to
do what is necessary to make the owners, of lot 3~ happy. I look forward to your assistance.

THANK YOU AND BEST REGARDS

fll

Charles W. Huffman C.E.M.
"CHUCK"
email: [e-mail]

'Spo'lL vJ] A\~ ~

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20'
I

40'
I

SCALE IN FEET

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VICINITY MAP

NO SCALE

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LOT 33
WILLIAM J. DIXON
1012/436

LEGEND
'0.> = P,p, = POWER POLE
o = DUKE POWER TRANS,
E.I,P, = EXISTING IRON FOUND
I.P,S, = 114 REBAR SET
R/W = RIGHT-OF-WAY

@ = W~LL

Q:
~
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~

- S 65.08'03" E
(TIE ONLY)

94.91'

SCALE

1" = 40'

ACQUIRED BY:

100'

I

LAKE NORMAN

~ PIER PROJECTION
. , LINE

~
~~<Q'"
~

NOTES
1) THIS PROPERTY MAY BE SUBJECT TO
ANY EASEMENT AND/OR RIGHTS-OF-WAY
OF RECORD.
2) AREA COMPUTED BY THE COORDINATE
METHOD.
3) EXISTING 760' Be 761' CONTOUR ELEV-
ATION BASED ON LAKE NORMAN LAKE
1?Q LEVEL AT COWAN'S FORD DAM (READING
~. "'oc;1l~ ON 7/17/2003 )ELEVA TION: 758.9'
''e) ~

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"', ,
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GI
u'
I PROPOSED PROPERTY LINE PER PIPPIN
I LAND SURVEYING MAP #980212 DATED
,--- JANUARY 30, 1998.
I MAP WAS NEVER RECORDED
,
I
I IRON
. (/) FOUND
I
I
I
I
I
I
I
I
I
I
I
I

.-

D+S~ 0 N ALL E ~'Sin~ 19~1'~ S 0 C I ATE S . P. A.

Commercial * Residential * Mortgage Surveys, * Multi-Family
Construction Staking * Subdivision Design *, Topographical
[phone] [phone] Fax
I, certify that this map was drawn under my supervision from an actual
survey made under my supervision recorded in deed book__~9!.___. page_--?llL__. and/or
plat book__.-?____. page__....?____, that the ratio of. precision is 1': 1 O.OQQ;Ulltl;),~t this map
was prepared in accordance with the General Statutes bf North Caroli~4t::~~lIbW~"8-~C.
d I th 11 d f MARCH A D 20 11>1:0 0 '\"""lI'\1"I/""" 0<:... ";,.
my hand an sea on e ______, ay 0 _._________, " . QFEs ,'.., __....1. ~
. :/' \

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---
N 64.59'00" W
95.00',

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LOT 32
0.47 AC.

LOT 31
HARRY W.
ROODHOUSE
1145/1984

f/3 REBAR ~

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(TIEONL Y)
N 63"12'36" W
84.83'

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8,11 ~ 86.93
-- S 65.09'00" E 95.04' TOTAL:,
"Q:;..- .-,.-..-,.-..-.. "
OVERHEAD POWER BRICK /;
COLUMN,

PONDEROSA ROAD
(PA VED)
PIER SURVEY SURVEY

60.0'

OF

J

LOT 32 LAKE NORMAN BONANZA

DAVIDSON TWSP., IREDELL'CO.. N.C.
CHAR..LES W. HUFFMAN

FIELD BOOK: 619
FILE: 9174
DC FILE:
TAX MAP NO: 4646234146

Charles Huffman
12600 Long Cove Drive
Charlotte, NC 28277
DWQ# 04-0702 - Iredell

&)

3. Service Type <82n.
i1 Certified Mail Express Mail
b -Registered liit'Return ReCeipt for Merchandise
o Insured Mail, OC.O.O.

4. Restricted Delivery? (Extra Fee) 0 Yes

Arti:e~:t~Je~/J/Jli 7.0.01 ' 2510 000 b 31 b 7 5855

DYes
DNo

..oil Complete items 1, 2, and 3. Also complete
. item 4 if Restricted Delivery is desireCl.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpjece~
or on the front if space permits.

r. Article Addressed to:

n. ~R 11 1=..."..."", ?nnA

nl"\l'I"l_H,.: C.o.+llr..,. c.o......o.t....t

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UNITED STATES POSTAL SERVll ,::;:-: P tV ~
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· Sender: Please print your name, address, and ZIP+4 in this box ·

I t -. - iFits't~'CfC1ssM~in,.'
' .3 '}' , pO'!a9.e&.Fi.e~s..'f.. ,aid'
;.:2,]:. '~~~t'NO.';16:;~~~;

NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604

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