20030621 Ver 1_COMPLETE FILE_20030521

r
OF 114A1 FR Michael F. Easley, Governor
O? QG William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
[ Alah W. Klimek, P. E. Director
j .? Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 17, 2003
DWQ Project No. 03-0621
County: Catawba
Page 1 of 2
Richard L. Carper
9015 Tintinhull Lane
Waxhaw, NC 28173
Subject Property: Lot # 51, Phase 1, Northview Harbour S/D, Northview Harbour Drive, Terrell, NC
Lake Norman [03-08-32, 11-(75), WS-IV (water supply) B (primary recreation) CA (critical area)]
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. Carper:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.006 acres of waters and 1,120 square feet (fe) of protected riparian buffers for the
purpose of installing rock to stabilize approximately 140 feet of shoreline, as described within your application dated
May 15, 2003 including additional information received by this office on June 17, 2003. 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 will
expire when the accompanying 404 permit expires unfess 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 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 is thereby responsible for complying with all conditions. For
this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
Conditions:
1. Buffer Impact
The proposed stabilization project shall not extend greater than five (5) feet landward of the full pond elevation of
the lake excluding any disturbance necessary to remove or collapse overhanging sections of shoreline. Any
questions concerning compliance with this condition should be directed to Mr. Alan Johnson of the DWQ
Mooresville Regional Office at [phone].
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B.0243(5).
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.ne.us/ncwetlands
Page 2 of 2
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless-you ask for a hearing.
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 G.S. 1508.
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,
Ian W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 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
DWQ # 03-0621
Date: July 17, 2003
bz
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Richard '& Linda Cooper
Project Number 03 0621
Recvd From APP
Received Date 5/21/03 Recvd By Region 6/24/2003
Project Type shoreline stabilization
County Catawba
County2
Region Mooresville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet - - -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
G_P3 0 Waters O Y -@N F- F F 11-(75) WSIv B & CA 30,832. 0.01 F F-
CBR $uffersF'7_0 N rF-F-F_-.30,832. 0.03 F_ ?r-
Shoreline O Y ON rF ??- 30,832. r- 140.00 ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant?O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Staff visited the site on July 9th. The applicant requests approval for sloping the shoreline along
Lake Norman for stabilizaion (riprap), Up to 8 fee t of the Catawba Buffer (Zone 1) is proposed to be
impacted. Bank height varies from 1 to 3 feet abo ve the lake bed. Up to 3 feet of the bank has been
undercut due to erosion from wave action.
To install the riprap- the bank overhang would n eed to be removed before any grading of the
shoreline could begin. It may be possible to "colla pse" the overhang (rather than remove it) which
might minimize the impact to the buffer. Once th e bank overhang has been removed or collapsed
impact to the buffer should not exceed 5 additiona l feet.
This is a Crescent Prope[ty development and t he lot must adhere to their guidelines: 50 ft. buffer
and trees >4 in. in diameter must remain.
Approval recommended with 5 ft. maximum bu ffer impact, excluding the bank overhang.
cc: Regional Office
Central Office Page Number 1
Triage Check List
Il
cop
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Date 6-P-0-3 Project Name. R1 Aarcl Carper
DWQ#: 03 O6al
County: 64fa wba.
To: ? ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
MRO Alan Johnson ? WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: Amanda M,Ueller - Telephone : (919)
-733-/-7?6
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 TS tAeie as way to M?ni^"L¢
down o?S trees )n Zont ?
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:
Concemej about 54A;1;JV i-P aver rorck s4arh a.
t?c oro0er4v fire aLL/I nond . 7Aere seems -id sQ1 be -t?e.
Cta?inq
al-
i
13 June 2003
NC Division of Water Quality
ATTN: John Domey
1650 Mail Service Center
Raleigh NC 27699-1650
Reference DWQ #03-0621

JUN 1 7 2003

In reply to the 29 May 03 request, we want to explain in more detail our proposed approach regarding the
tree removal. We understand this is the key point of discussion for our proposal to go forward. We spoke
with Cyndi Karoly on Wed, 11 Jun 03 and she gave us a better explanation of what is needed.
In the attached map, site plan and photos, the boundary between the IMZ area and the property
line is the full-pond waterline. The waterline and property line boundary extends about 140 feet.
The proposed shoreline stabilization involves grading the bank adjacent to the cove from the
waterline level/property line several feet back into the property at the approved ratio of 2:1. The
estimated grading will be about 8 feet back into the 50 property buffer zone, achieving a height of about 4
feet relative to the full pond waterline. Then, matting and river rock will be laid down for a compact finish
and heavy border.
In the area in which we need to grade the bank to lay down the river rock (8' wide by 140° long)
there are 25 trees over 4 inches in diameter that will need to be removed. This is the only area in which
we need to remove trees.
Referring the photos:
The first two photos provide a view looking south, with the person in the center of the picture at
about the middle of the cove/property line in question for Lot 51. To the right, a seawall has been built by
the adjoining property owner and this wall ends at the Lot 51 property line. The proposed shoreline
stabilization for sloped river rock or rip rap would interface with the seawall and extend left into the interior
of the cove.
The third photo is a view looking east into the interior of the cove. Lot 51 is to the right and the
bank is obscured by the low brush.
The chief reason for the stabilization is to control the erosion that is occurring on the bank which is the Lot
51 property line facing the cove. The lake waterline is currently near full pond and the wave action is
eroding away at the roots of the larger trees nearest the cove. Removal of these trees would be
inevitable. The second reason is to improve the view of the lake from the propose +welling in the interior
of the lot.
c4o_a?
Richard L. Carper
9015 Tintinhull Lane
Waxhaw NC 28173
3 Atch
1. DWC Letter
2. Lot Plan
3. Site Plan
4. Photos
FILE COPY
' F wArF9 Michael F. Easley, Governor
J r, q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
j r Alan Klimek, P.E., Director Division of Water Quality
.E
May 29, 2003
DWQ # 03-0621
Catawba County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Richard Carper
9015 Tintinhull Lane
Waxhaw, NC 28173
Dear Mr. Carper:
On May 21, 2003 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of shoreline stabilization in Catawba
County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply. Please show these on maps of
suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with
15A NCAC 2H.0500.
1. Your proposal to clear trees > 4" diameter within shoreline would not comply with the
Catawba Buffer Rules. Please provide an alternative plan which would minimize impacts to
the protected buffer. You may find it helpful to provide photographs which would illustrate
site conditions.
Please telephone Cyndi Karoly at 919-733-9721 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when
this information is received. If we do not hear from you by writing or by fax at [phone] within
three (3) weeks we will assume you no longer want to pursue the project and will consider it
withdrawn.
Sincerely,
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
JrWateerr rney
4Quality Ce7rtica
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on Program
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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), (hftp://h2o.enr.state.nc.us/ncwetiands
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Review Officerl Certificate
STATE OF NORTH CAROLINA
COU OF CATAWBA
I. r W,0, n fM A' Revi.
Catowbo County, certify that the map o
this certification is affixed moo II slc
requirements for recording. )
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This plot is exempt from Cotawbo Count
Regulations.
?S)1 .County Planner
Drone. ??/
riuNIli Ly uniC CR run rullu, iuu rvi,:)L.
Lot 51, Northview Harbour
This is a view looking south toward
Lot 51, and the trees nearest are on the bank
of the lot.
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This is one of the trees to be
'moved and is being eroded
This is the property line. On the left
is the bank proposed for shoreline
stabilization
This Is the cove area.
j I GROUP
JUN 1 7 2003
;?Ul.-i ECTION
This is the property line. On the left
is the bank proposed for shoreline
stabilization.

This Is the cove area.
t"?t

This is the cove.
This is the end of the lot. The adjacent
property owner erected a seawall and it
ends at the lot line of Lot 51.
OF TO n 1 Michael F. Easley, Governor
?O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co
Alan Klimek, P.E., Director Division of Water Quality
0 iF
May 29, 2003
DWQ # 03-0621
Catawba County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Richard Carper
9015 Tintinhull Lane
Waxhaw, NC 28173
Dear Mr. Carper:
On May 21, 2003 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of shoreline stabilization in Catawba
County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply. Please show these on maps of
suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with
15A NCAC 2H.0500.
Your proposal to clear trees > 4" diameter within shoreline would not comply with the
Catawba Buffer Rules. Please provide an alternative plan which would minimize impacts to
the protected buffer. You may find it helpful to provide photographs which would illustrate
site conditions.
Please telephone Cyndi Karoly at 919-733-9721 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when
this information is received. If we do not hear from you by writing or by fax at [phone] within
three (3) weeks we will assume you no longer want to pursue the project and will, consider it
withdrawn.
Program
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
A-
a`? Eta
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), (hftp://h2o.enr.state.nc.us/ncweVands
Sincerely,

DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
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
SUB E POWER FILING FEE, PAYABLE TO DUKE POWER, TO
APPLICATION AND APPROPRIATE DUK
ABOVE ADDRESS.
1. Applicant Information-- __11
A. Name 1C??`f?+ ?` 'SPX
B. Mailing Address t Ti VI->tr?il ?t t? f ? P ??Aa? u ? ? / ?? ?y
? S °'R(?"v'!
C. Telephone: 70 f &46
II. Location of Proposed Project MAY 2 1 2003
A. Lake ?/o inn pvlf
:'
t QUAL,` YSECTION
B. Street Address Jo+ 51, rd0 A1ER
C. County C V
D. City, town, community or landmark
E. Section Lot # 51 Subdivision ?(b ty'hv(t tLt? ?d' ??? /?
F. Directions to property by road ???? Veg y+t'?2 a L?n?'L l., /t??11 ? !? ?' tJ/`t .° ;
MA k) r,^ V-4
v ?5?to33 N
G. Latitude and longitude for the project site a?? 1- ` I? ?-
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 o ::ater:,? : te,
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 tqo
B. Material tai
C. Distance from property line/shoreline (7
IV. Intended Use of Project Area
A. Private__)C
B. Commercial
V. Applicant Signature Date ST y3
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. -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 DIVISION OF WATER QUALITY
ATTENTION. JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
FILE COPY
10' I h'02%sh
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 of to 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:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1. Ow
Telephone Number: g S -4S L5 Fax Number:
E-mail Address:-tnO-q',1- mo, f7?f'?to ra-mh va. l'
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:
Company Affiliation:
Mailing Address:
Telephone Number: 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.
1. Location /??
County. CZI "' Q w b a Nearest Town: ? rfe
Subdivision name or site address (include phase/lot number): M 4i7 %X ew Harbd Lt., :T S j
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): mV gc k" MaW
2. Describe the existing lad use or condition of the site at the time of this
3. Property size (acres): 1. 1q a c re s
4. Nearest body of water (stream/river/sound/ocean/lake): CQ W'_ NOI-WkM
5. Describe the purpose of the proposed
In
6. List the type of equipment to be used to construct the project: /3 ate p y4 i i6
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: J?A_ jS?_L[ WtV -t
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 lad-ward in
square feet or acres:
t v1 `F ?? c3vea?.
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): amOU'k, 11,5 - eS G D , v
1-1 "in CLioweR,',ovdq WMAntO Cork- cc{p' 2ov?
3
Applicant?TAgent's Signature Date `
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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W I / ?? ?? 1. ai?? • y?fM /? ROYIo Catawba County, certify that the mop o
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NOTES:
I. TAX ID: 462903114282
2• ZONED R-2
y 3. ALL DISTANCES ARE HORIZONTAL
4. DEED REFERENCE: PART OF D8 2079
PT PC t7'S1 5 666. PART OF PS 49 PO 64 k 65
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Plan Detail Incomplete 00000000V S-/ a ;)-10
? Please provide a location map for the project.
? _ Please show all stream impacts including all fill sloes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please Indicate all buffer impacts on the site plan.
a Please Indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
?. Please locate all isolated or non-isolated wetlands, streams and other waters of the Slate as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
?2 Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
Q Please specify the percent of project imperviousness area based on the estimated built-out conditions.
.? Please indicate all stormwater outtalis on the site plan.
? Please Indicate the diffuse flow provision measures on the site plan. .
? Please indicate whether or not the proposed Impacts already been conducted.
Avoidance and/or Minimization Not Provided
0 The. on the plans does not appear to be necessary. Please eliminate the or provide additional Information as to why
It is necessary-for this project
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please
revise the plans to avoid the Impacts,
This Office believes that the `laesiort on the plans ar can be moved or reconfigured to minimize the impacts to the Please .
revise the plans to minimize the impacts.
? The stormwater discharges at the location on the puns labeled will not provide diffuse flow through the buffer because Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. if ll is not possible to achieve. diffuse
Pow through the entire buffer then. It may be necessary to provide stormwater management pfactices that remove nutrients before the stomfwater .
can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was requested. Please provide $
This additional fee must be received before your application can be revfewecL
? Please complete Section(s) on the application.
•Q Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatoryH%afion is required for this project. Please provide a compensatory mitigation plan. The plan must conform .
to the requirements in 15 A NCAC 2N .0500 and must be appropriate to the type of impacts proposed.
? Please Indicate which 404 Permit the USACE would use to authorize this project.
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UNITED STATES POSTAL SERVICE

LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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Postage & Fees Paid
Permit No. G-10
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(transfer from service labeq
PS Form 3811, August 2001 Domestic Return Receipt 102595.02-M-15<