Burke_Historic401

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PROGRAM
RECEIPT
February 10, 2005
DWQ#: 02-1816
COE#: 200231111
Drew Isenhauer
Republic Services of NC,LLC
P.O. Box 2943
Hickory,NC 28603-2943
Project: Foothills Solid Waste Landfill Expansion
County: Caldwell
The North Carolina Ecosystem Enhancement Program(NC EEP)has received a check in the amount of
$12,276.00,check number 3161018877, as payment for the compensatory mitigation requirements of the 401
Water Quality Certification/Section 404 permit issued for the above referenced project. This receipt serves as
notification that the compensatory mitigation requirements for this project have been satisfied. Please note that
you must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NC EEP,by acceptance of this payment, acknowledges that the NC EEP is responsible for the
compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory
mitigation as specified in the permit. The NC EEP will restore 0.32 acres of riparian wetlands in Cataloging Unit
03050101 of the Catawba River Basin.
Payments to the Ecosystem Enhancement Program are not reimbursable unless a request for reimbursement is
received within 12 months of the date of this receipt. A letter must accompany requests for reimbursement from
the permitting agency stating that the permit and/or authorization has been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at 919-733-5205.
Sincerely,
Z�ill�iam D. Gilmore,PE
DirecrAl,
cc: Cyndi Karoly, Wetlands/401 Unit Amanda Jones, USACOE-AshevilleKevin Barnett, DWQ Regional Office-AshevilleFile C 7 4 2005
��jj,,,, QUA[ITY SECTIONe1\CA��{� 1 ... ��'�tP.G�U'lqoarState/ E REGICIN,?i:.._T:�._�.��
r' I�NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652/91 9-71 5-0476/www.nceep.net

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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 ApplicaQon cannot be used for wetland or stream impacts. Please
provide seven (7) copie's 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: 0 1 � , v
Division of Water Quality Wetlands Unitrk
1650 Mail Service Center
SEP 2
Raleigh, NC 27699-1650i'{
F ,
$bll9t , tif�lG?OAP
I. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address:
Charlbi4e NC, 2,0q
Telephone Number: Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
,must be attached if the Agent has signatory authority for the owner/applicant.)
Name: PFRMIT$, FIG,
Company Affiliation: SUE HARMON
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 104 -O U Fax Number: 1U4-43Y -'7) ba
ma
E-mail Address: srm i j-5 ei'G r C.0 h1
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: '91-t r k Nearest Town:� n kn
Subdivision name or site address (include phase/lot number): SmAh'fbi'nke,,Pha!5c CV Lot a 4
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity trap is included):
Frb ICe, W Le-R a i-
Le P 'n r
Md of Afre,+ f a�5 i 5 ar, ILPI-
2. Describe the existing land use or condition of the site at the time of this
application: xracan-I-, LAJ 00d rm i`d en 4-i`a.I 16L[,Ce l o F
3. Property size (acres): d 7 QLLre5
4. Nearest body of water(stream/river/sound/ocean/lake): ILL[ , �Vtlm,e_5
5. Describe the purpose of the proposed work: fo he-[ID 47�h I Zp. lx I — � rho(LI i ne,
Cl n cl n rp Ve►� P,ro s i m�,
6. Li t the e of equipment to be used.to construct the project: I...CJlJC�{.r and
the
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: - 9106/ X 3
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal Yool lake level and 50 feet land-ward in
square feet or acres: O(0 + 50
Z 3Lo ' t 4DO' 1(1 31 54 IT,
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance): 'Xme, -free5 W i u-nad f y b& removed
ThN will ac rd;n tti WNLOMI CbttnN Ordi n n wed.
are_cL Will +4rt h.ave, rn . c k pt i e_d -i-D i ,
5a
Agent's Signature Dat
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)

Loui S H5busy
5au�h -loin��
Lake`(Full Pond)
Full Pond - �p
Shoreline t
� ap
'Ry rap Rip r
e a n G 3' X U(' La. eLLYA
q 4.C cared �� X Cleared.
Area AbovePond
Jrp' Landwa.rd
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 "Normal Pool" elevation
,3) Location of rip rap or fill to be placed below the"Normal Pool" elevation
'4) The location of any proposed structures such as buildings, retaining
wails,docks, etc.
3) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
i Zcl+1i on Is a, am.binCIRrn W a'
LOOM� al M eenhr o� 5 Dore 1 i nc and
'1 b �oo�eiti
r tP yap -I•u �cc.��
5� e of wooden wa l , b)ocd e

16 September,2002
Louis Asbury
1711 Brandon Rd.
Charlotte,NC 28207
To: NC Division of Water Quality
I give Sue Harmon permission to sign on my behalf as my agent on my application for Shoreline
Stabilization.This application is for lot#239 at South Pointe on Lake James.
Sincerely
Louis Asbury

Louis Asbury
l }}ii!
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Burke County, NU UIS rage I of
Burke County, NC GIS
Parcel: 55445 Parcel Address: 237-GA4 4N-P49T��Tin
Owner: ASBURY LOUIS H III 1441 Phea.5a4 Rut) Cf
1711 BRANDON RD
CHARLOTTE NC
Deed Book: 1015 Pg: 517 Acres:0.76
746,062 240
55446
001 7001
,-143,a3
lY �
�$ V 239
i5443 55445
7082
5881
238
55444
745,681
1,160,573 Map Width=381' 1,160,954
Location Map
DISCLAIMER:The information contained on this page is NOT to be construed or used as a"legal
description".Map information is believed to be accurate but accuracy is not guaranteed.Any errors or
omissions should be reported to the Burke County Geographic Information Systems Division of the
http://www.webgis.net/scripts/esrimap.dll 9/10/2002

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Office Use Only: Form Version February 2002
USACE Action W No.' DWQ No. 02
If any particular item is not applicablCLto this project,please enter"Not Applicable" or"N/A" rather than
leaving the space blank `
I. Processing
1. Check all of the approval(s)requested for this project:
® Section 404 Permit
❑ Section 10 Permit f
® 401 Water Quality Certification ��
® Riparian or Watershed Buffer Rules
2. Nationwide,Regional or General Permit Number(s)Requested: "`N[ ,: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program(NCWRP)is proposed for
mitigation of impacts(see section VIII-Mitigation),check here: ❑
H. Applicant Information
1. Owner/Applicant Information
Name: Kanum) Properties , LLC
Mailing Address: 5581 Mineral Springs Mountain Road
Connelly Springs ,
Telephone Number: 8 2 8-413-4 5 5 7 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:_ N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12 `L'i

�1
li
III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
j impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings,or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACB requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the -
�N a full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible,the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: Camp Creek Estates
2. T.I.P.Project Number or State Project Number(NCDOT Only): N,/a
3. Property Identification Number(Tax PIN): 9 9—5 4—1—4
4. Location
County: Burke Nearest Town: H i l d e b r a n
Subdivision name(include phase/lot number): Cam p Cr7eek Estates
Directions to site(include road numbers,landmarks,etc.):0 n t h e F a c t G; d P f
SR 1804 , 800 Ft . South of the Intersection of SR 1800 and
R 18 4 .
5. Site coordinates, if available(UTM or Lat/Long): N 3 5 1—3 9 .4 8 9 ' W 81 °—2 7 ,4 6 5 '
(Note—If project is linear, such as a road or utility line,attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Vacant Grassland & Timber
7. Property size(acres): 43 . 744
8. Nearest body of water(stream/river/sound/oceanhake): Camp Creek
9. River Basin: Catawba River
(Note—this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at. .enr st te.nc mi m .)
Page 6 of 12

10.Describe the purpose u of P P ro osedwork• Culvert to carry runoff under a
P
proposed road for a new sub ivision .
11.List the type of equipment to be used to construct the project: Loader/B a c k h o e ,
Dozer , and Truck
12.DnsTge tb i land use in the vicinity of Us project: Rural Residential , Farming
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past,please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation(where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 7 of 12

1. Provide a brief written description of the proposed impacts: Install 140 L F of 4 2"
diameter C.M. Pipe in a small branch. Construct roadway
fill over this pipe .
2. Individually list wetland impacts below: N/A
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
* List each impact separately and identify temporary impacts. are Impacts include,but not limited to:mechanized clearing, fil
l,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's(FEMA)Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online athtM://mmmU ma.Qov.
*** List a wetland type that best describes wetland to be impacted(e.g.,freshwater/saltwater marsh,forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage(estimated)of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N TA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Im act lease s eci
U.T. Camp Cre k 3 ' —Perennial
* List each impact separately and identify temporary impacts. Impacts include,but arc not limited to:culverts and associated rip-rap,
dams(separately list impacts due to both stricture and flooding),relocation(include linear feet before and after,and net loss/gain),
stabilization activities(cement wall,rip-rap,crib wall,gabions,etc.),excavation,ditching/straightening,etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name,list as UT(unnamed tributary)to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1.800-358-9616,or online at
www.nsi=s.¢ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., yvvw.tonozone.com,
www.mancuest.coni etc.).
Cumulative impacts(linear distance in feet)to all streams on site: 140 '
Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.)below: N/A
Open Water Impact Area of Type of Waterbody
Site Number Type of Impact* Impact Name of Waterbody
p if applicable) (lake,pond,estuary,sound,
indicate on ma acres pp cable) bay,ocean,etc.
" List each impact separately and identify temporary impacts. Impacts include,but are not limited to:fill,excavation, dredging,
flooding,drainage,bulkheads,etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): ❑uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., damlembankment, excavation, installation of
draw-down valve or spillway,etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement,etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification(Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography,building ordinances, accessibility,and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This culvert will be installed using current erosion and
sedimentation control prac ices . Trie culvert is necessary For
construction of the street which will provide access for subdivisioi
r lots . Rip rap channels , temporary diversions , and temporary
sediment traps will be used to, protecte s ream uring cu vert ani
d oadway fill construction. All exposed areas will be seeded
VIQI. 11 iuga ion immediately following installation.
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
N/A
Page 9 of 12

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider ihe application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httn://h2o.enr.state.nc.us/ncwetlands/strmgide html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including,but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at bttp-H112o.enr-state.nc•L7SIwr it,;ndex.httn If
use of the NCWRP is proposed,please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested(linear feet): N/A
Amount of buffer mitigation requested(square feet): N/A
Amount of Riparian wetland mitigation requested(acres): N/A
Amount of Non-riparian wetland mitigation requested(acres): N/A
Amount of Coastal wetland mitigation requested(acres):__. NIA'
Page 10 of 12

1L Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state)land?
Yes ❑ No X❑
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SFPA document is required, call the SEPA
coordinator at(919)733-5083 to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes,has the document review been finalized by the State Clearinghouse? If so,please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers(DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements),or other(please identify_ )?
Yes ❑ No X❑ If you answered"yes",provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* impact Multiplier Required
(squarefeet) Mitigation
1 3
2 1.5
Total
" Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required,please discuss what type of mitigation is proposed(i.e., Donation
of Property, Conservation Easement,Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
XI. Stormwater(DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing = 1 . 20 AC, proposed = 3 .87 AC . Total = 5.07 AC . (See
calculations) . 5-()/= 43 . 744 AC . Total = 11 . 59% Impervious .
Erosion control practices will be used during construction .
XH. Sewage Disposal(DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facilitty.
Lots wil-1 have individual septic systems for sewer treat ent .
MIL Violations(DWQ Only)
Is this site in violation of DWQ Wetland Rules(15A NCAC 211.0500)or any Buffer Rules?
Yes ❑ No
Is this an after-the-fact permit application?
Yes ❑ No U
W. Other Circumstances(Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species,accessibility problems,or other issues outside of the applicant's control).
NTTA
. -�. (-��-cam
Applica nt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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eery lZl4 1.795 1l➢2 �'I ��! (✓
1736
a:tWalkers ' im ? N h �.
1.9 SI.1ahn v UK ='_ Im P
N
a 1915 Ch.2.4 '21ZPL 1-1 A •! .Li4�•y
�+- � s I9I3 ; >, y � s •° � a t'�JEGT I.OGATt�N
A 1l44 1� 1P1i 5• �•
a 1e17 loot Q' .
W '\
. BURKE COUNTY
v t G t�t�Fr�f MAP
til-c5.

OF W A7-FR Michael F. Easley,Governor
William G.Ross Jr.,Secretary
Q� North Carolina Department of Environment and Natural Resources
v� �
Alan W.Klimek,P.E.,Director
O Y Division of Water Quality
September 30, 2002
Burke County
Q DWQ Project#: 02-1552
I APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Louis H. Asbury III OC
1.711 Brandon Road
Charlotte, NC 28207
Dear Mr. Asbury:
You have our approval, in accordance with the attached conditions,to impact 0.014 acres of waters
for the purpose of shoreline stabilization at South Pointe, Phase IV, Lot 239 on Lake James as you
described in your application dated September 25, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3373,which may be
viewed on our website at http://h2o.enr.state.nc.us/newetiands. This certification allows you to use
General Permit Number 198200030 when the Corps of Engineers issues it. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when.the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid,.you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project,the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. This project is for the installation of riprap and a wooden wall to prevent further erosion of the
property due to wave action. The use of mechanical equipment on the beach must be
minimized.
3. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir.
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
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.ne.us/newetiands

i
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
- - Office-of Administrative-Hearings--P:O:Box 2744—, Raleigh,, N.C-.27611=7447-.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 John Dorney.at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
I
Klimek, P.E.
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits,Etc.
_I

OF`NATF9 Michael F. Easley,Governor
William G. Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
> Gregory J.Thorpe, Ph.D.
O c Acting Director
Division of Water Quality
April
pri1 26, 2002
Burke County
DWQ Project#02-0466
APPROVAL OF 401Quality Certification with
ADDITIONAL CONDITIONS and Catawba River Buffer Rules
Mark Davis
Crescent Communities I w
Architectural Control Committee MAY
400 S. Tryon Street, Suite 1300
u.�x,zo
_ P. O. Box 1003 W�1+r:FtOU!`,!!I� S'r f 0,J
Charlotte, NC 28201-1003 �, ASflrVi(.L{ f"
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions, to impact in .17 acres of
shoreline on Lake James at South Pointe,Lot# 156 for the purpose of stabilizing the shoreline as you - -
described in your application dated March 27, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3376, which may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
General Permit Number 30 when the Corps of Engineers issues it. This approval is also valid for the
Catawba River buffer rules (15A NCAC 2B .0243). In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed to flow at'non-erosive velocities across the entire protected stream
buffers;
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
ENt
N.C.Division of water Quality,401 Wetlands Certification Unit, Nl D
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/ncwetiands
f

j occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for the installation of rip rap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
4. Equipment and materials may be offloaded to the beach at the bulkhead site,but steps must be
taken to keep all equipment out of the reservoir;
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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, 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.
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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
g ry J.Thorpe, D
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy -_..-
Central Files .
William Thomas, Maritime Builders
i
i
I
3
5

� ;ti" ' pF`NATFq
Michael F.Easley
�O� pC Governor
rWilliam G.Ross,Jr.,Secretary
> y Department of Environment and Natural Resources
Gregory J.Thorpe,Ph.D.
Division of Water Quality
April 10, 2002
DWQ#02-0404
Lee Anderson
rs/ - Burke County
City of Morganton
P.O. Box 3448
Morganton, NC, 28680
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules
Dear Mr. Anderson:
You have our approval, in accordance with the attached conditions,to place fill in 206 linear feet of perennial streams
in order to construct five greenway crossings at the Catawba River Greenway in Burke County, as you described in your
application received by the Division of Water Chrfity on h1arch 18,2002. After reviewing your application, we have decided
that this fill is covered by General Water Quardy Certificatuon Numbers 3375, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Ceftirication allows you to use Nationwide Permit Number 14 when issued by
the U.S.Army Corps of Engineers.This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection
Rule (15A NCAC 2B .0243). In addition,you should get an, other federal, state or local permits before you go ahead with
your project including (but not limited to) SecFnaent and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. Also this approval vrlll exaire when the accompanying 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 ffita'l be recidred to send us anew application for anew certification. If the
property is sold, the new owner must be given a copy of a Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A�fCAC 2f b.0506(h). For this approval to be valid, you must follow the.
conditions listed in the attached certification
If you do not accept any of the cond"rtiom cU this ceiJf cation,you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receiveti7s 5,er. To ask for a herring,send a written petition which conforms to
Chapter 150B of the North Carolina Genered Sta[teas to t,,e Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its cccDdbons ar=anal and binding unless you ask for a hearing.
This letter completes the review of the Uv5s em&Water Quality under Section 401 of the Clean Water Act. If you have
any-gmstions, please telephone Jim Reid in ce2r AsheAts Regional Office at 828-251-6208 or Cyndi Karoly in our Central
Office at 919-733-9721.
Siirxx:erely,
T rpe, Ph.
Attachments
cc: Corps of Engineers Asheville Regulatory Field
Asheville DWQ Regional Office
Central Files
File Copy
Jeffrey Brittain, 145 West Parker Road,htorgargion,UC,28655
020404
�n North Carolina Division of WaterCksW,401 llrettands Cerii n Unit,
(� 1650 Mail Service Center,RakAA NC27699-165:1(Mailryg A6Jr-ems)
Y 2321 Crabtree Blvd.,Raleigh.NC 2760442f,�45(xcatfcn)
919-733-1786(phone),919-733-0-e--c-13;ffa-4,httplif-,2o.-cfv-st-dexc.us/ricwedands/

y L
or,,
d
020
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 MAR 2 7 2002
Raleigh,NC 27699-1650
I. Applicant Information
1. Owner/Applicant Information
Name: APR 2 5 002
Mailing Address:
TV 757
Telephone Number: `�S'-7 Wax Number: 9115�.5 !ZA9_ 13.)U
E-mail Address:_ fziJr s/h Ks 0
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:_ /'�e!tl'r'fime 6 /ders 471/11an-r 77o/Ha�
Company Affiliation: Ma i-,°4i M e u;td e its
Mailing Address: 7 f. a.q 1Zra b/0"/- t'rrcf_ eta AJs- 2
Telephone Number:2Qy- 9-r/D/q Fax Number: SanrP
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 1
County:_ j6btrke Nearest Town: os n n. _
Subdivision name or site address(include phase/lot number): A --i - - --
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the exi ing land use or condition of the site at the time of this
application:
3. Property size(acres):_/r
4. Nearest body of water(stream/river/sound/ocean/lake): Z4 4 &ae5-
5. Describe the purpose of the proposed work: S elg-ae 5 Le�c.iw
6. List the type of equipment to be used to construct the project: 1,
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.)below the normal pool lake level in square feet or acres:
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 e>.ICV,&O::�4
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance):_ '
e.fta bIQ.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

doe- fill, Mar-ly-u2 15:14,
Page 2/3
Crescent Communities
Architectural Control Committee
Shoreline Stabilization
Request For Review.
Name: Date:...._
Phone Number:T 5 - .
Development Name: '
/i!f If/J/J' Lot Number:
Z,aePhase:
Shoreline Stabilization Type: ltip Rap
(Circle One)
Rock (include type):_,_._
Block
Masonry
Othcr:
Color(s):
Height above High Water Mark: Z
(Note: if height varies, note location and approximate heights on site plan. Include
F levations if Necessary)
Additional CommenIVExplanations: _•
Attach Site Plan(Use Recorded Plat or Plot Plan) at 40 Scale(1", 40') Showiare
Precise Location ol'the Wall($), limits of Clearing, and Vehicular Access Points
Mail to:
Crescent Communities
Architectural Control Committee
400 S- Tryon Street, Suite 1300
P.O. Box 1003
Charlotte, North Carolina 28201-1003

Mo 1bLA tY 8i0pibi •o 1<g yip M '�� `�`
��opueo8 1 don NO peso® 41JON a T allWOVOR
J
lb
3 `
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w
r$� qUd LeIt
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t
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it�.''�l�i"�i�:�ilry'�r'��'•i'=��r^vM��
.r
�Ot
wYW�/YYrMWr1yYMM���YfAWW�W�WidrlWWYr#WW��i���
:»s3i iec 3e�s»:its'ovvtttb k=tot kde:s»kt40�

Lake(FuN Pond)
Full Pond
Shoreline
0
WA q�x
� r
f /
ij
J /
��� �pxS�'"+G�s e►�
v c es3
�r
r� y �
Please approximately sketch the t'o0owing information on this plan
(please provide dimensions for each item, such as 10 ft. x in n):
1)All proposed vegstalion clearing (provide dimensions)
A Location of rip rap or fib to be placed above the Full Pond elevation
9)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
waft,docks, etc.
5)The location of any excavation or dredoing below the Full Pond
elevation.
S)Location of construction access corridors.

WAT�R Michael F. Easley
Q
`Q G Governor
CII r William G.Ross,Jr.,Secretary
>_ Department of Environment and Natural Resources
Gregory J.Thorpe,Ph.D.,Acting Director
Division of Water Quality
March 20, 2002
MEMORANDUM
TO: Forrest W estall t; y
Asheville Regional Office
i } f MAR 2 5 20n2 5 a
FROM: err- John Dorney�"r t
RE: 401 Certification Review
Attn: Mike Parker
Please review the enclosed 401 Certification applications by the dates listed for each project. Please call me if
you or your staff have any questions, or need assistance in these reviews.
Please complete the staff report and recommendation form on Filemaker Pro.
1. Gary Becker
020414 ,L 6
Burke County 2l Central Office Received 03/19/02, clock expires 05/18/02
Need RRO comments by 05/04/02.
2. Morganton Greenway
020404
Burke County d 2/ Central Office Received 03/18/02, clock expires 05/17/02
`{ ( � Need RRO comments by 05/03/02.
The other enclosed material is for your general information and use as appropriate.
Enclosures
North Carolina 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)
nan moo i70G i..H......� non-so•a eons ir....� had...ii�n.....,...a......,....:i...,...,,i.....a..i

91
Triage Check List
Date:_
To: ❑RRO Steve Mitchell Project Name coartw -
❑FRO Ken Averitte DWQ Project Number
❑WaRO Deborah Sawyer County`)42
❑WiRO Joanne Steenhuis
❑WSRO Jennifer Frye
�RO Mike Parker =
❑MRO P$fe GotweJ
From: Telephone Telephone 919 733- 1
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
❑Stream Length impacted
❑Stream determirzaBon
❑Wetland determir ation.and distance to blue-line surface waters on USGW topo maps
Mmimiz�Ordavoadarace issue
a5afrer Pules(Nese,Tar-Pamil ,Catawba Randleman)
❑Pccid fill
❑Kefigation Rzitios .
❑ 9
❑A-e the strum and or wetland mitigation sites available and viable?
❑Check dra»kngs for accuracy >
❑Is the appTirbon coisa ent with pre application meetings
Ctrrzulafve impact oor>cerns a�� t
F � =' � -•- ,-�• fir. Y � +�, r ,; r y' t -
a r t-&-S—C£ t .ss._` i$ ��/'a•u .c-r .l.�n .x} f ;�r ti ,r
—r•=y..xr•# �. .. u. .. r �'m*. - v ''' µ h' ..u•>R"'`4 ,..n�t-x
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sH �• x"S{�S?.'�I�`�`x .�'` r .y�c'C,,;r. "� t ���F �- ��'u6 'f^�� .�C I
Z.—
%., � r-� W r.*9'•�""-Mar �.�' +' �.§i�vt.. .:����.l�:F.2a��' �- - J�v. .i:.'+ac.s«3:��2 •..S-•' �
t '� -%f.f w` }r -i.- •�- ;V......za •: - •,.- -- +*< <, .�+n^ ;at iC_n^rf•.•.Y _ sl t4�'�..f
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.. .ice 'se - %S� r.-•f-,4r...r

The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
j 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 (nco i&of this application and sup
porting 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: r 3 ( p
Division of Water Quality Wetlands Unit -7 1`
1650 Mail Service Center 2002
i
Raleigh, NC 27699-1650
11"�WFTLANDS g OUp
UTILITY SECTION
I. Applicant Information
1. Owner/Applicant Information
Name: Gary
Mailing Address:—
Telephone Number: Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
.must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sun l4 r mon
Company Affiliation:__ P2r M i l 1 4
Mailing Address: PP n• F) a;�q
Telephone Number:-' n4-y3 -U'7 Fax Number: '71)Lf - 00
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: _VY!J.V' Nearest Town: Mor6anf6n
Subdivision name or site address (include phase/lot number): Z-56trLh Poink 4 l4F 197
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): kzz
i - s p o l
D
2. Describe the existing land use or condition of the site at the time of this
application: VQ LaC&. n r OR a I n't
3. Property size (acres):
4. Nearest body of water(stream/river/sound/ocean/lake):-- J�yne-5
5. Describe the purpose of the proposed work: S nre-ji ne,
6. List the type of equi ment to be used to construct the project: '�'1-&CL
nnJ b L, '�7,nC5
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.)below the normal pool lake level in square feet or acres: I X P, = iS a P.
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above tPe norfmal pool lake level apd 50 feet land-ward in
square feet or acres: �� X._ ID Y,
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance): aren. IN i frl t1'eeS,
an eL V
bQ, rept oaord i neq ,4r) 4h& gdidehiv-5 b+ -+he 3U.r'Ke aw)+ j and i rO nce5.
U -/ .4-1hfM i &All i4i A C�� HI, ol�czj
App4wit/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.) '

n
�QQ
�S .
Lake Fuii Pond
d
Wl Pond
shoreline
kagebAd
R
a x 5 , 1�z
rjec
O x 1051 C(ear`el A r ea
Abm., Vord
50 4
Cp-
Ltd t,�xtrcl
wMM
Vv t
s
Please approximately sketch the following information on this plan
(please provide dimensions for each itern, such as 10 ft. x 900 ft):
1)All proposed vegetation clearing (provide dimensions)
A Location of rip rap or fill to be placed above the"Normal Pool"elevation
3) Location of rip rap or fill to be placed below the"Normal Pool" elevation
d)The location of any proposed structures such as buildings, retaining
walls,docks, etc.
6)The location of any excavation or dridging below the "Normal Pool"
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Triage Check List
Date: a— 1
To: ❑RRO Steve Mitchell Project Name
❑FRO Ken Averitte DWQ Project Number
0WaRO Deborah Sawyer County
ElVYiRO Joanne Stehuis
[3WSRO Jennifer Frye
WtARO Mike Parker
❑MRO PI Golweg
From: �l IL2. l?;u'� lI �G nS 'L Telephone I919) 733- 1 ��
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
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a
145 West Parker Road
Morganton,North Carolina 28655
Phone [phone]
Fax [phone]
wwwAgsengineers.corn FILE COPY
December 12,2001
IGS Mr. Tim Smith
ENGINEERS Project Manager
US Army Corps of Engineers
151 Patton Avenue
Asheville,NC 28801-5006
Description: Morganton, NC - Proposed Section II of the Catawba
River Greenway,E-3814 Burke County
Re: U.S.Army Corps of Engineers Permit for Pipe Crossing
Dear Mr. Chapin:
Please find enclosed, one (1) copy of the completed Application for Permit To Excavate or Fill
for the second phase of the project captioned above as requested. Please provide us with your
comments at your earliest,convenience.
By copy of this letter, we are forwarding a copy of this permit application to the North Carolina
Wildlife Resources Commission for their comments.
If you have any questions,please call.
Best Regards,
TGS ENGINEERS
9JeffreW.Brittain,P.E.
Project Engineer
Enclosures
Cc: Lee Anderson—Director of Community Development, City of Morganton
Ron Linville—Western Piedmont Region Coordinator,NCWRC

I
Office Use Only: Fonn Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project,please enter"Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s)requested for this project:
0 Section 404 Permit
❑ Section 10 Permit
❑ 401 Water Quality Certification
❑ Riparian or Watershed Buffer Rules
2. Nationwide,Regional or General Permit Number(s)Requested: 4/0
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts(see section VIII—Mitigation), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: City of Morganton
Mailing Address: P.O. Box 3448
Morganton NC 28680
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: landerson0ftimet
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: TGS Engineers
Company Affiliation:
Mailing Address: 145 West Parker Road
Morganton NC 28655
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: ibrittain(a-)tgsengineers.com
Page 5 of 12

1
III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Morganton Greenway
2. T.I.P. Project Number or State Project Number(NCDOT Only):
3. Property Identification Number(Tax PIN): 179416737408 &270409153337
4. Location
County: Burke Nearest Town:_ Morganton
Subdivision name(include phase/lot number): N/A
Directions to site(include road numbers,landmarks, etc.):
See Permit 1 of 7 and 3 of 7
5. Site coordinates,if available(UTM or Lat/Long):
(Note—If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Vacant wooded land and National Forest Service
7. Property size(acres): 198 acres &24 acres
8. Nearest body of water(stream/river/sound/ocean/lake): Catawba River
9. River Basin: Catawba River
(Note— this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.nc.us/admin/inaps/.)
Page 6 of 12

a
10. Describe the purpose of the proposed work: Walk and Bike Path
11. List the type of equipment to be used to construct the project:
Bulldozer. Backhoe, Compactor
i
12. Describe the land use in the vicinity of this project:
Vacant wooded land and National Forest Service(Nursery)
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation(where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 7 of 12

1
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma (acres) es/no linear feet)
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:mechanized clearing,grading,fill,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online at http://www.femag_ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage(estimated)of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts,including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact lease specify)
1 66"CSP 52 UT to Catawba River 2' Perennial
2 84"CSP 30 UT to Catawba River 2' Perennial
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding),relocation(include linear feet before and after,and net losstgain),
stabilization activities(cement wall,rip-rap, crib wall,gabions, etc.),excavation,ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT(unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tMgzone.com,
www.m,Vquest.com,etc.).
Cumulative impacts(linear distance in feet)to all streams on site: 82
Page 8 of 12

I
I
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
I other Water of the U.S.
I
Open Water Impact Area of Type of Waterbody
jSite Number Type of Impact* Impact Name of Waterbody (lake,pond,estuary,sound,
indicate on ma ) acres (if applicable) bay,ocean,etc.
1 Fill 0.012 UT to Catawba River UT
2 Fill 0.001 UT to Catawba River UT
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): ❑uplands ❑ stream ❑wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement,etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification(Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
There is only 0.013 acres of unavoidable impact required for construction. There are no
other feasible alternatives.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htip://h2o.enr.state.ne.us/ncwetlands/stmigide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location(attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of. mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hft://h2o.enr.state.nc.us/M/index.htm If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested(linear feet): N/A
Amount of buffer mitigation requested(square feet): N/A
Amount of Riparian wetland mitigation requested(acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested(acres): N/A
Page 10 of 12

IX. Environmental Documentation
(DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes Z' No ❑
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at(919) 733-5083 to review current thresholds for environmental documentation.
Yes ❑ No [✓�
If yes,has the document review been finalized by the State Clearinghouse? If so,please attach a
copy of the NEPA or SEPA fi al approval letter.
Yes ❑ No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other(please identify V
Yes ❑ No [✓r If you answered"yes",provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square Mi to
1 0 3 0
2 0 1.5 0
Total 0 0
* Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required,please discuss what type of mitigation is proposed(i.e., Donation
of Property, Conservation Easement,Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. Stormwater(DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious acreage and the proposed is less than 2% of the total area of the
plates of land. There are no storm water controls due to the minimal impact of the site.
XII. Sewage Disposal(DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project,or available capacity of the subject facility.
None
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules(15A NCAC 211 .0500)or any Buffer Rules?
Yes ❑ No Er
Is this an after-the-fact permit pplication?
Yes ❑ No Q�
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems,or other issues outside of the applicant's control).
No
/2/0-d/
A hcant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

VICINITY MAP
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1421
PROJECT 64
LOCATION
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181
64
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181 18
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M
64
` CITY OF MORGANTON
NORTH CAROLINA
BURKE COUNTY
70
PROJECT:E-3814
MORGANTON GREENWAY
1102
64
SHEET 1 OF 7 DECEMBER 2001

i
LEGEND
—WLB-- WETLAND BOUNDARY
XxXxX LIVE STAKES
WETLAND CJ BOULDER
�L
® DENOTES FILL IN --- COIR FIBER ROLLS
WETLAND
5 ADJACENT PROPERTY OWNER
® DENOTES FILL IN OR PARCEL NUMBER
SURFACE WATER
® DENOTES FILL IN PROPOSED BRIDGE
SURFACE WATER
(POND)
®DENOTES TEMPORARY PROPOSED BOX CULVERT
FILL IN WETLAND
DENOTES EXCAVATION
IN WETLAND ��� PROPOSED PIPE CULVERT
DENOTES TEMPORARY (DASHED LINES DENOTE
FILL IN SURFACE WATER EXISTNG STRUCTURES)
• • • • DENOTES MECHANIZED n
•••`•`• CLEARING (�J,
SINGLE TREE
- E d— FLOW DIRECTION
�'•Z-``�-. WOODS LINE
T—�� TOP OF BANK
WE EDGE OF WATER ■ DRAINAGE INLET
-- PROP. LIMIT OF CUT ROOTWAD
-- F -- PROP. LIMIT OF FILL
PROP. RIGHT OF WAY VANE
---NG--- NATURAL GROUND
---J---- PROPERTY LINE RIP RAP
—TDE— TEMP. DRAINAGE EASEMENT RIP RAP ENERGY
OISSIPATOR BASIN
—POE— PERMANENT DRAINAGE
EASEMENT
--EAB-- EXIST. ENDANGERED
ANIMAL BOUNDARY
--EPB-- E PLA ENDANGERED
PLANT BOUNDARY
WATER SURFACE
CITY OF MORGANTON
NORTH CAROLINA
BURKE COUNTY
PROJECT:E-3814
MORGANTON GREENWAY
SHEET 2 OF 7 DECEMBER 2001

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BEGIN
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126
CITY OF MORGANTON
NORTH CAROLINA
'-� BURKB COUNTY
PROJECT.E-3814
MORGANTON GREENWAY
SHEET 3 OF 7 DECEMBER 2001

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1
PROPERTY OWNER
SITE # OWNER'S NAME ADDRESS
SITE 1 & 2 CITY OF MORGNATON P.O. BOX 3448
MORGANTON, NC 28680
CITY OF MORGANTON
NORTH CAROLINA
BURKE COUNTY
PROJECT:E-3814
MORGANTON GREENWAY
SHEET 7 OF 7 DECEMBER 2001

Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. 020404
If any particular item is not applicable to this project,please enter "Not Applicable"i or"N/A" rather than
leaving the space blank.
MAR 1 8 2002
I. Processing
WETt.r",i`R GAOUP .
1. Check all of the approval(s)requested for this project: 1:1T v�i►�fl StC7�.
❑ Section 404 Permit
RSection 10 Permit
401 Water Quality Certification
❑ Riparian or Watershed Buffer Rules
2. Nationwide,Regional or General Permit Number(s)Requested: N/A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is.proposed for
mitigation of impacts(see section VIII—Mitigation),check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: City of Morganton
Mailing Address: P.O. Box 3448
Morganton,NC 28680
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: landersonnaci.morganton.nc.us
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: TGS Engineers
Company Affiliation:
Mailing Address: 145 West Parker Road
Morganton,NC 28655
Telephone Number:[phone] Fax Number: [phone]
E-mail Address: ibrittainOtgsengineers.com
Page 5 of 12

III. 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. Both the vicinity map
I and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Morganton Greenwav
2. T.I.P. Project Number or State Project Number(NCDOT Only):
3. Property Identification Number(Tax PIN): 179416737408 & 270409153337
4. Location
County: Burke Nearest Town: Morganton
Subdivision name(include phase/lot number): N/A
Directions to site(include road numbers, landmarks, etc.):
See Permits 1 of 7, 3 of 7 and 3 of 6
5. Site coordinates, if available(UTM or Lat/Long):
(Note—If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Vacant wooded land and National Forest Service
7. Property size(acres): 198 acres&24 acres
8. Nearest body of water(stream/river/sound/ocean/lake): Catawba River
9. River Basin: Catawba River
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/inUs/.)
Page 6 of 12

10. Describe the purpose of the proposed work: Walk and Bike Path
11. List the type of equipment to be used to construct the project:
Bulldozer,Backhoe, Compactor
12. Describe the land use in the vicinity of this project:
Vacant wooded land and National Forest Service(Nursery)
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation(where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 7 of 12

1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres ( es/no) (linear feet
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:mechanized clearing,grading,fill,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online at htip://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage(estimated)of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts,including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma (linear feet Before Impact (please s eci )
1 of 2 66"CSP 52 UT to Catawba River 2% Perennial
2 of 2 84"CSP 30 UT to Catawba River 2' Perennial
1 of 1 54"CMP 42 UT to Catawba River T Perennial
i
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:culverts and associated rip-rap,
dams(separately list impacts due to both structure and flooding),relocation(include linear feet before and after,and net loss/gain),
stabilization activities(cement wall,rip-rap, crib wall,gabions,etc.),excavation,ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT(unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com,etc.).
Cumulative impacts (linear distance in feet)to all streams on site: 124
Page 8 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Type of Waterbody
Site Number Type of Impact* Impact Name p Waterbody
� pact pact (if applicable) (lake,pond,estuary,sound,
indicate on ma acres bay,ocean,etc.
1 of 1 Fill 0.012 UT to Catawba River UT
2 of 2 Fill 0.001 UT to Catawba River UT
1 of 1 Fill 0.023 UT to Catawba River UT
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): ❑uplands ❑ stream ❑wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
There is only 0.036 acres of unavoidable impact required for construction. There are no
other feasible alternatives.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stmigide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location(attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at ho://h2o.enr.state.nc.us/wrp/index.htm If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested(linear feet): N/A
Amount of buffer mitigation requested(square feet): N/A
Amount of Riparian wetland mitigation requested(acres): N/A
Amount of Non-riparian wetland mitigation requested(acres): N/A
Amount of Coastal wetland mitigation requested(acres): N/A
Page 10 of 12

IX. Environmental Documentation(DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ( No ❑
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at(919)733-5083 to review current thresholds for environmental documentation.
Yes ❑ No [�
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No M
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other(please identify V
Yes ❑ No [ ] If you answered"yes",provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Required
(square feet Multiplier Mitigation
1 0 3 0
2 0 1.5 0
Total 0 0
* Zone I extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required,please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement,Riparian Buffer Restoration/Enhancement,Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. Stormwater(DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious acreage and the proposed is less than 2% of the total area of the
plates of land. There are no storm water controls due to the minimal impact of the site.
XII. Sewage Disposal(DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project,or available capacity of the subject facility.
None
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules(15A NCAC 2H .0500)or any Buffer Rules?
Yes ❑ No
Is this an after-the-fact permit application?
Yes ❑ No M
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
No
S o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

145 West Parker Road
Morganton,North Carolina 28655
Phone [phone] FILE
Fax 82a 433 9146
www.tgsengineers.com
October 15,2001
IGS Mr. Steve Chapin,PSS
ENGINEERS Project Manager
® US Army Corps of Engineers
rVA151 Patton Avenue
P Asheville,NC 28801-5006
Description: Morganton, NC - Proposed Section II of the Catawba
River Greenway,E-3814 Burke County
i
Re: Permit for Pipe Crossing
Dear Mr. Chapin:
Please find enclosed, one (1) copy of the completed Application for Permit To Excavate or Fill
for the project captioned above as requested. Please provide us with your comments at your
earliest convenience. If you have any questions,please call.
Best Regards,
TGS ENGINEERS
Jeffrey W.Brittam,P.E.
Corporate Vice President
Enclosures
Cc: Lee Anderson—Director of Community Development, City of Morganton

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Commnnity Development Corps of Engineers Wilmington District
(GS 113-29,143-215.3(a)(1),143-215.3(c),113A-1111) (33 CFR 209.3209)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I. Applicant Information
A. Name _ City of Morganton
B. Address P.O. Box 3448
Morganton, NC 28680
II. Location of Proposed Project.
A. County Burke
B. 1. City, town,community or landmark Morganton
2. Is proposed work within city limits? Yes X No_
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project.
Catawba River
1II. Description of Project
A. 1. Maintenance of existing project N/A 2. New Work Walk&Bike Path
B. Purpose of excavation or fill
1. Access channel N/A length N/A width N/A depth N/A
2. Boat basin N/A length N/A width N/A depth N/A
3. Fill area Yes length 51 Ft. width 22 Ft. depth 16 Ft.
.4. Other N/A length N/A width N/A depth N/A
C. 1. Bulkhead length N/A Average distance waterward of MHW N/A
2. Type of bulkhead construction(material) 54 Inch CMP
D. Fill(total for project)
1. Cubic yards 580 2. Type of material _Select Backfill(Soil)
E. Fill material to be placed below MHW(see also VI A)
1. Cubic yards 580 2. Type of material Select Backfill(Soil)
IV. Land Type, Disposal Area, and Construction Equipment
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes_ No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes_ No X
C. Disposal Area
1. Location N/A
2. Do you claim title in disposal area? N/A
D. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled? Class I Rip Rap&Temp Silt Fence
F. Type of equipment to be used Bulldozer. Backhoe, Compactor _
G. Will marshland be crossed in transporting equipment to project site?If yes, explain N/A

V. Intended Use of Project Area(Describe)
A. 1. Private N/A
2. Commercial N/A
3. Housing Development or Industrial N/A
4. Other Public Walk&Bike Path
B. 1. Lot size(s) 198 Acres
2. Elevation of lot(s)above mean high water N/A
3. Soil type and texture Sandy Silty Clay
4. Type of building facilities or structures None
5. Sewage disposal and/or waste water treatment A. Existing N/A Planned N/A
Describe N/A
6. Land Classification(circle one) DEVELOPED TRANSITIONAL COMMUNIT7 RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No_
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes— No X
2. Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion(if known) N/A
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in
project area, if applicable None Known
IX. Length of time required to complete project 8 Months
X. In addition to the completed application form,the following items must be provided:
A. Attach a copy of the deed(with State application only)or other instrument under which applicant claims title to
the affected property, OR if applicant is not claiming to be the owner of said property, then forward a copy of
the deed or other instrument under which the owner claims title plus written permission from the owner to carry
out the project on his land.
B. Attach an accurate work plat drawn to scale on 8'/z x I I"white paper(see instruction booklet for details). Note:
Original drawings preferred-only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified
mail or by publication(G.S. 113-229(d))Enter date serve
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
See Permit 6 of 6
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of
North Carolina's approved coastal management program and will be conducted in a manner consistent with such
program.
XII. Any permit issued pursuant to this application will allow only the development described in this application and plat.
Applications should therefore describe in the application and plat all anticipate evelopment activities, including
construction,excavation, filling and land clearing.
o xd
DatO Applicant's Signature

VICINITY MAP � 18
�\ 1593
1420
421.
145
1419
18
i
PRO,jECT
LOCATION
t8,
TO
181
J �
c
CITY OF MORGANTON
NORTH CAROLINA
t10 BURKB COUNTY
TO
PROJECT:B-5814
1103 MORGANTON GRBBNWAY
SHEET 1 OF 6 0CT0BER 2001

LEGEND
--WLB WETLAND BOUNDARY XXXXX LIVE STAKES
C:,`70,d±L
WETLAND BOULDER
® DENOTES, FILL IN ——— COIR FIBER ROLLS
WETLAND
5 ADJACENT PROPERTY OWNER
® DENOTES FILL IN OR PARCEL NUMBER
SURFACE WATER
® DENOTES FILL IN SURFACE WATER PROPOSED BRIDGE
(POND)
®DENOTES TEMPORARY PROPOSED BOX CULVERT
FILL IN WETLAND
®DENOTES EXCAVATION
IN WETLAND PROPOSED PIPE CULVERT
DENOTES TEMPORARY (DASHED LINES DENOTE
FILL IN SURFACE WATER EXISTNG STRUCTURES)
+ + + + DENOTES MECHANIZED
•`•`+•+ CLEARING
SINGLE TREE
-F— -E FLOW DIRECTION WOODS LINE
- — TOP OF BANK
WE EDGE OF WATER ■ DRAINAGE INLET
-- PROP. LIMIT OF CUT ROOTWAD
-- F -- PROP. LIMIT OF FILL
—�- PROP. RIGHT OF WAY VANE
---NG--- NATURAL GROUND
---EL-- PROPERTY LINE RIP RAP
—TOE-- TEMP. DRAINAGE EASEMENT RIP RAP ENERGY—PDE--- PERMANENT DRAINAGE OISSIPATOR BASIN
EASEMENT
-EAB-- EXIST. ENDANGERED
ANIMAL BOUNDARY
-EPB—_ EXIST. ENDANGERED
PLANT BOUNDARY
WATER SURFACE
CITY OF MORGANTON
NORTH CAROLINA
BURKE COUNTY
PROJECT:E-3814
MORGANTON GREENWAY
SHEET 2 OF 6 OCTOBER 2001

SITE .MAP
rl
ENO
PROJECT
SITE 1
Q
C
181
64
.BEGrN
PROJECT
CITY OF MORGANTON
NORTH CAROLINA
BUP KB COUNTY
PROJECT:B•3814
MORGANTON GRBBNWA,.Y
SHEET 3 OF 6 OCTODBR 2001

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'PROPERTY OWNER
SITE # OWNER'S NAME ADDRESS
SITE 1 CITY OF MORGNATON P.O. BOX 3448
MORGANTON, NC 28680
CITY OF MORGANTON
NORTH CAROLINA
BURKE COUNTY
PROJECT:E-5814
MORGANTON GREENWAY
SHEET 6 OF 6 OCTOBER 2001

Michael F.Easley
�O G Governor
William G.Ross,Jr.,Secretary
>_ Department of Environment and Natural Resources
Gregory J.Thorpe, Ph.D.
Division of Water Quality
April 5, 2002
DWQ#02-0414
Burke County
Gary Becker !
5256 Oak Hill Trail
Commerce, MI,48382
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. Becker:
You have our approval,in accordance with the attached conditions,to place fill in 0.004 acre of waters in order to stabilize the
shoreline on your property on Lake James in Burke County,as you described in your application received by the Division of Water Quality
on March 19,2002. After reviewing your application,we have decided that this fill is covered by General Water Quality Certification
Number 3373,which can be viewed on our web site at httpJ/h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use
Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River Mainstem
and Lake Buffer Protection Rule(15A NCAC 2B .0243). In addition,you should get any other federal,state or local permits before you go
ahead with your project including (but not limited to)Sediment and Erosion Control,Coastal Stormwater,Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 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 total wetland
fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed
below:
1. This project is for the installation of a rip-rap bulkhead to prevent further erosion of the property due to wave action. The use of
mechanical equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site,but steps must be taken to keep all equipment out of
the reservoir;
3. No trees greater than 6 inches diameter at the stump may be removed except for those directly within the construction corridor.
If trees are removed,forested vegetation-shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction of the project.
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 which conforms to Chapter 150E 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.
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 Jim Reid in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919-733-9721.
Sincerely,
He .Thorp , Ph. .
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office'
Central Files
File Copy
020414
North Carolina Diarision of Water Quality,401 Wetlands Certification Unit,
1650 Mail Services Center, Raleigh,NC27699-1650(Mailing Address)
2321 Crabtree Brvd.,Raleigh,NC 27604-2260(Location)
919-733-1786(phone),919-733-6893(fax),httpJm2o.enr.state.nc.us/ncwetlands/

�- OF W A TF� Michael F.Easley,Governor
. Q William G.Ross Jr.,Secretary
10, G North Carolina Department of Environment and Natural Resources
rGregory J.Thorpe,Ph.D.
-f Acting Director
0 Division of Water Quality
April 9,2001
DWQ# 02-0466
-�/v/ Burke County
CERTIFIED MAIL-REQUEST RECEIPT REQUESTED
Maritime Builders
c/o William Thomas
7629 Rabbit Circle APR
Denver,NC 28037
Dear Mr. Thomas: -
On March 27, 2002,the Division of Wirer Quality(DWQ)was notified by receipt of you applications regarding
you plans to impact .17 acres of shoreline mi Labe Janes at South Pointe, Lot# 156 for the purpose of stabilizing the
shoreline of your lot in Burke County. Aptxov al L=DNVQ is required to impact these waters. Please provide seven
copies of the following information and refc to thz DWQ number listed above in your reply.
1. Application needs to be signed and do 3, plicant or agent.
Please telephone Bob Zarzecki (91zj-- :'7=6.Todd St John [phone] or meat 919-733-9646 if you have
any questions or would require copies of oq rule_x=rocedural materials. This project will remain on hold as incomplete
in accordance with 15A NCAC 2H .05055cr The=Tr ic_=-5jinH time for this application will begin when this information is
received. If we do not hear from you by s„r-hm= hj�nd three(3)weeks we will assume you no longer want to pursue the
project and will consider it withdrawn_
Sincerely Yours,
borne
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Crescent Communities Architectural Cow_: C.�tnmittee
�DENR
North Carolina Division ccTAF,-- . 'eledands/401 Certifzabon Unit
1650 Mail Service Center-._Rae-,g%SC L:-aG9 16r0(Mailing Pddress)
2321 Crabtree BSvd., Rae:cr,Nr_Z a.-22e0(Location)
`�`w� Ph:[phone], Fax;97 1 i r;i_ZS71. ii4-1/h2o.enr.state.nc.us/ncwetlands/

IvllVllacl1 ."OQJV ,VUvv111V1
�O 9p William G.Ross Jr.,Secretary
�O North Carolina Department of Environment and Natural Resources
C Gregory J.Thorpe,Ph.D.
Acting Director
Division of Water Quality
May 29,2002
I DWQ#02-0715
1 It Burke County
APPROVAL OF 401 Quality Certification
City of Morganton
Post Office Box 3448
Morganton,NC 28680 " ;
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to impact 21 feet of waters for
the purpose of Summers Road—Drexel Road sewer line construction as you described inyyour application dated May 21,
2002. After reviewing your application we have decided, this fill is covered by General Water Quality Certification
Number 3374. This certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it.
In addition, you should get any other federal; state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. 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. If total wetland fills for this project(now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and(7).This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.For this approval to be
valid,you must follow the conditions listed in the attached certification.
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,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.
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 John Dorney at 919-733-1786 or Mike Parker at our Asheville Regional Office at
828-251-6208.
Since`) ,
r J.Thorpe,aPh.D
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
WIWI
Raleigh Division of Land Resources
560E'NR
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)
(9-19)733-1786(phone),919-733-6893(fax), (http://h2o.enr.state.nc.us/ncwetiands

Office Use,Only: ;
Form Version February 2002
USACE Action ID No. ' DWQ No.
If any particular item is not applicable to this project,please enter"Not Applicable" or"N/A"rather than
leaving the space blank,
I. Processing
1. Check all of the approval(s)requested for this project: r lJ aa-
® Section 404 Permit
❑ Section 10 Permit
® 401 Water Quality Certification ...,`
�6 tAN
�dit7T t (rF,{�Uw
Riparian or Watershed Buffer Rules �,T,.ov�, :�yt1�
2. Nationwide,Regional or General Permit Number(s)Requested: N tik 1
3. If this notification is solely a courtesy copy because written approval for the 491 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program(NC'WRP) proposed for
mitigation of impacts(see section VM-Mitigation),check here: ❑
H. Applicant Information
1. Owner/Applicant Information
Name: Kanupp Properties , LLC
Mailing Address: 5581 Mineral Springs Mountain Road
Connelly Springs , NC 28612
Telephone Number: 8 2 8-413-4 5 5 7 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
c Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12

III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings,or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible,the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: Camp Creek Estates
2. T.I.P.Project Number or State Project Number(NCDOT Only): N/A
3. Property Identification Number(Tax PIN): 9 9—5 4—1—4
4. Location
County: Burke Nearest Town H i l d e b r a n
Subdivision name(include phase/lot number): Camp Creek state s
Directions to site(include road numbers,landmarks, etc.):On the Fast s i d e of
SR 1804 , 800 Ft . South of the Intersection of SR 1800 and—
Tr
1 004 .
5. Site coordinates, if available(UTM or Lat/Long): N 3 5 1—3 9 .4 8 9 ' W 81 °—2 7 .4 6 5 '
(Note—If project is linear, such as a road or utility line,attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Vacant Grassland & Timber
7. Property size(acres): 43 . 744
8. Nearest body of water(stream/river/sound/ocean/lake): Camp Creek
9. River Basin: Catawba River
(Note—this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at :/h2o.enr
Page 6 of 12

r
10.Describe the purpose of the proposed work: Culver t to carry r u n o f f under a
proposed road for a new subdivision- .
11.List the type of equipment to be used to construct the project: Loader/B a c k h o e ,
Dozer , and Truck
12.Dey i mhp land use in the vicinity of this project: Rural Residential , Farming
Dr
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision)in the past,please explain. Include
the USACE Action ID Number, DWQ Project Number, application date; and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts,along with associated mitigation(where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of tho same T.I.P. project, along with
construction schedules.
N/
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in section VHI below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 7 of 12

F
1. Provide a brief written description of the proposed impacts: Install 140 L F of 4 2"
diameter C .M. Pipe in a small branch . onstruct roa way
fill over this— pipe .
2. Individually list wetland impacts below: N/A
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:mechanized clearing,grading,fill,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's(FEMA)Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online athb p://www.fema.eov.
•** List a vketland type that best describes wetland to be impacted(e.g., freshwater/saltwater marsh,forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage(estimated)of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Im act leases ec'
U.T. Camp Creek 3 ' Perennial
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:culverts and associated rip-rap,
dams(separately list impacts due to both stricture and flooding),relocation(include linear feet before and after,and net loss/gain),
stabilization activities(cement wall,rip-rap,crib wall,gabions,etc.),excavation,ditching/straightening,etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated-streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name,list as UT(unnamed tributary)to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1.800-358-9616, or online at
wNw.us¢s.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., ysTvw.topozone.com,
www.matxmest.com etc.).
Cumulative impacts (linear distance in feet)to all streams on site: 140 '
Page 8 of 12

e,
r
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other mater of the U.S.)below: N/A
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact if applicable) (lake,pond,estuary,sound,
indicate on ma (acres)- pp cable) bay,ocean,etc.
" List each impact separately and identify temporary impacts. Impacts include,but are not limited to:fill,excavation, dredging,
flooding,drainage,bulkheads,etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): ❑uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway,etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement,etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification(Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography,building ordinances, accessibility,and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This culvert will be installed using current erosion and
sedimentation control prac ices . Trie culvert is necessary for
construction of the street which will provide access for subdivisioi
lots . Rip rap channels , temporary diversions , and temporary
sediment traps will be used to, protecte stream uring cu vert ani
VIII. 1&d oadway fill construction . All exposed areas will be seeded
gaion immediately following installation.
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
N/A
Page 9 of 12

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httn://h2o.enr.state.nc.us/newetlands/strm idgi a html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including,but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hit p:Hh2o_ear.state.nc,�jpiindex.htrn If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested(linear feet): N/A
Amount of buffer mitigation requested(square feet): N/A
Amount of Riparian wetland mitigation requested(acres): N, A
Amount of Non-riparian wetland mitigation requested(acres): N/A
Amount of Coastal wetland mitigation requested(acres):_ N/A'
Page 10 of 12

t
IK Environmental Documentation(DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state)land?
Yes ❑ No X❑
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at(919)733-5083 to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes,has the document review been finalized by the State Clearinghouse? If so,please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X Proposed Impacts on Riparian and Watershed Buffers(DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements),or other(please identify_ )?
Yes ❑ No X❑ If you answered"yes",provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

r
If buffer mitigation is required,please discuss what type of mitigation is proposed(i.e., Donation
of Property, Conservation Easement,Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
u�A
M. Stormwater(DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing = 1 . 20 AC , proposed = 3.87 AC . Total = 5 .07 AC. (See
calculations) . 43 . 744 AC. Total = 11 . 59% Impervious .
Erosion control practices will be used during construction .
XH. Sewage Disposal(DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project,or available capacity of the subject facility.
Lots will have individual septic systems for sewer treat ent .
XHL Violations(DWQ Only)
Is this site in violation of DWQ Wetland Rules(15A NCAC 211.0500)or any Buffer Rules?
Yes ❑ No RI
Is this an after-the-fact permit application?
Yes ❑ No U
MV. Other Circumstances(Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species,accessibility problems,or other issues outside of the applicant's control).
N+ A
Applica nt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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176 /3

W A Michael F.Easley,Governor
`O�� �QG William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
�/? r Alan W.Klimek,P.E.,Director
> =i Division of Water Quality
,r Coleen H.Sullins,Deputy Director
Division of Water Quality
March 15, 2004
DWQ Project#: 04-0349
Burke County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS
Davis H. Gardner -
2217 N. Point Street
Nebo, NC 28761 D D
Subject Property: Holiday Shore Subdivision,Phase 1,Lot#32 MAR 19 2004
Dear Mr. Gardner: WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.01 acres of waters and 0.01 acres of protected riparian
buffers on Lake James for the purpose of a interlocking block wall to stabilize approximately 125 feet of
shoreline, as described within your application dated March 5, 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 r(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 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 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. 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).
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/newetlands)
Customer Service#: 1-877-623-6748

Page .
Mr. Gardner
March 15, 2004
-_-2 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. 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,
Klime , P. ,
Q,Director
Attachments: Certificate of Completio
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte,NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon,Permits Etc.
DWQ#04-0349

013 0 Y'15 2.0[l3
The followingis an abbreviated application form for those applying for a y
p
Quality Certification to impact FERC (Federal Energy Regulatory Commiss
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Applicaliou 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 MAND /401 OR01F,
1650 Mail Service Center MAY 0 Z 2003
Raleigh, NC 27699-1650
WATER QUALITY SECTION
I. Applicant Information
1. Owner/Applicant Information n J I �Lr�,A n,,
Name:_
Mailing Address: I(t 1 R c cdc-A d Drive,
Charlotte Kic, aRa l l
Telephone Number:104 3(91 1584 Fax Number:
E-mail Address:
2, Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: PERMITS ETC.
Company Affiliation: SUE HARMON
Mailing Address: P.O. BOX 2
34
BOILING SPRINGS, NO 2UM
Telephone Number: 104- 434- 0 Fax Number: 104- 434- 116D
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

Todd &rbard(,
Lod- �8
SwA PkPe. 6ubdivi5ioru
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:„ '�1!irl�r _ Nearest Town: Mo-r�-awn—fon
Subdivision name or site address (include phase/lot number): Sbu 0 P sa5. Lptom$_
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): FrbW Mtgonn�nn lukt
h Poirife, Or I Rr
No r
2. Describe the existing land use or condition of the site at the time of this
application: \(flrron4 i W t residenif I take 14
3. Property size (acres):
4. Nearest body of water(stream/river/sound/ocear>/lake): LaKe ►^Iles
5. Describe the purpose of the proposed work: 4t heln 5�'C�.bi li2e, `I�1e. �ROfe,ltt�e�
fo� ero5ioh CZnolu i nc► ri n r D �"D 1211Li-�
� V
kr i i rie �LIDPJT6Y�`nnnk Ill feed
6. List the e of equipment to be used to construct the project: VYObCQhanal
ui nu -I'L`��15
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc,) below the normal pool lake level in square feet or acres: ' a` X I*;�I ` ' aa < A-
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:
1
I
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance): A number 9 4-ree5 will nee"
brd i s.
2
R,t c h will be.tied +b 4+e. d i S+urbccJ ar
Agent's Signature Date
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)

-Qd &rbmk,
L-Of As
st,ujq) Poinfe 5ubd d i 5i 61t
Lake Full Pond
Full Pond Proposed booA- dog
Shoreline
RIP ra.P P rc,p
C� �;, t{' X 131 , C'cared
(W P-boa Pond
a
50' Lard Wad �
--
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) AJI proposed vegetation clearing (provide dimensions)
.2) Location of rip rap or fill to be placed above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" 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 "Normal Pool"
elevation.
6) Location of construction access corridors.
4- r4 Will be, 13 l -Fez' i N len#)
he� ��'.

To; North Carolina Division of Water Quality
I give Sue Harmon of Permits, Etc. permission to sign as my agent on my
application for shoreline stabilization.
Signature
Date

Todd Bu.rbanlc
Loft A a$
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MR!`.

W A Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�O North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek,P.E.,Director
O c Division of Water Quality
September 6, 2002
Burke County
DWQ Project#: 02-1359
Approval of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
Ronald W. Darab
3600 Sagamore Drive
Greensboro, NC 27410
Dear Mr. Darab:
You have our approval,in accordance with the attached conditions, to impact 100 square feet of
waters for the purpose of shoreline stabilization at South Pointe,Phase 5, Lot# 36 on Lake James as
you described in your application dated August 21, 2002. After reviewing your application,we have
decided that this fill is covered by General Water Quality Certification Number 3373,which may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
General Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid
for the Catawba River buffer rules (15A NCAC 2B .0243). In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply.Watershed
regulations. This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project(now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed as diffuse flow at non-erosive velocities across the entire
protected stream buffers
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for the installation of riprap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
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/ncwetlands

4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
-- - taken to keep all equipment u of the reservoir;
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project,the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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, 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
i
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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
lke
P.O.,DUector
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon,Permits, Etc.

�OF W A 7-p Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�0 G North Carolina Department of Environment and Natural Resources
Xa i7-- Alan W.Klimek,P.E.Director
> -{ Division of Water Quality
i
I
June 10, 2003
MEMORANDUM
TO: Forrest Westall
Asheville Regional Office :(yV
FROM: �tr John Dorney � UUv
RE: 401 Certification Review
Attn: Mike Parker
Please review the enclosed 401 Certification applications by the dates listed for each project. Please call me if
you or your staff have any questions, or need assistance in these reviews.
Please complete the staff report and recommendation form on Filemaker Pro.
1. Henry's Glen S/D Central Office Received 06/02/03, clock expires 08/01/03
Need RO comments by 07/18/03.
The other enclosed material is for your general information and use as appropriate..
Enclosures
N.C.Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 [phone] Customer Service
1 800 623-7748

Triage Check List
03 Ite: Project Name:
DWQ#:
County:.
To: ARO Mike Parker ❑ W
aR0 Tom Steffens •
❑ FRO Ken Averitte ❑ WiRO Noelle Lutheran ;
❑ MRO Alan Johnson ❑ WSRO Cyndi Karoly.(Central Office)
RRO Steve Mitchell
{rom: Telephone : (gig) 3 3
The file attached is being forwarded to your for your evaluation.
.Please call if you need assistance.
❑ Stream length impacted r
0 Stream determination
❑ Wetland determination and distance.to blue-line surface waters on USFW topo maps
❑ h4inimization/avoidance issues r
❑ 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
mments:
111174
ru 1-P ��

� ... ,_ _,. ��� a �._- '•.ii - ,,., `� _J i,
Erwin
emsIllu
d o "•.
Zj
it o� 1 t ti}� �ye tifll
o u I �@w�a.� .a Y--
Fi
4... :.i r � 4fq� tt a vie i-� er xsv rr � r k •,\\'1
'' ` - ; a 1 `��F k aT ��, 1".'� "�7#iA v�, ,.•�L�ck'i�^�`, o o❑o�. i�pp a •,a /i./� t
•p ` \\ \ n 4- '#jta �%"��r)+�.fr° v_: r�1� ;i5 fv �Ck�.r 1y �.!ti�t4`.�z,�� F,J +.� "' 'II _i' ,•' \
,v s - S i y r �2t r r1Y � a+���.+` W �,� s' �+f� f ���•: } `S '�
10
H�ae + '
s � ,♦; 1v��.'.(=�� f ,.h v">.,G���` `�"�" �`,��`�� yf' r��,��� ,�. sl'��t �.�K�����br - .. �/y, �; 0 0��-_.
144� x x -> �' rr� e rt �?' ¢. � �2`ra +\ ,��rf �r �i�su� R F��o. ,t N �rY} h.F fi\�� :1�,.+� � '•! :i
t`i \� l M J k aS - fA�•� ��# y- �S�' k�'�.#�d L(.h`i � � �,\ �3�Yk .r\,':♦ �\,_.;�''� Y4��ri�.S'rt}XhS� emu,. 1J ��.r'.t��',
. '' r Y� rJ.' t v �'� f s -',* ,: � ,fir 3d`� T�i+fit ..€\^rf ��Fes'- h'�, w ��,#�P �' R •�YF y �'ese: K , I'
\ •;-fb� ;) ��...•f tY.\1 v..•��:C <h '!'^- .•hz���s-.,erg ri n� ��� `�f tee.6 �Y ��}��� ,' ...Ye � �`� � _Ash 3' �;,,w�`y.avfu4 � �, � v'' I '�.}i 9
� x r.rt r.':4• >•' rhFf .,r Y' �r, rz}»•' I. .;5�,4. .` t;., �n �:�` „� � � �
437 11 (MORGANTON S UTH) 439 401 44 1441
465511 NIN
SCALE 1:24000
1 2 0 1 MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
1 .5 0 1 KILOMETER

.�P lOyNs '
Fsi kiy�,R
5' 1579
RIVER
!":: <a�
15g3 CATA,WBA
^f.
.80
1571
1518
�b-
1 1443 2 7
I518 ,60
1519
566
1"3 i
... Je :� '/Q 1V8
64 1571
�1
O) •. .� 1512
s 's�
512
q3
1525
:.`•:�E SOUTHERN
y •�`. �;;�. 1520
I443
1596 1591 7'B
BUS. J :S 7 1521 '
.•IBA.,.. 03 .1964
j0 u FAS .25 .5
18 y,' t• 1597 f
p n
�o '70
Qd' yR. :•.' o T3 '
JP O 14 _.0 .09' "� W
a S .:i v
Sr.
JS 181 181 < t<'e . <.• '.. v�` .34 '06 1525 1523
2200 1715 �o
819 i
AY A .178 ..?IORGANTON ryp ,0 4 ss i 159a : 1�
POP. 13,763 0 '9yy�o°.®Tqp/ei N raE lave IB19
= O
1° Bethel •;: � 2506
0 0� .12
1888 1888 1716
1862 •IS .05
' • o� `�e vo4
A
'fPQ ID" ` ee�o\ Run L 2307 �
'< 't
s��� •By 1714
1 e+a
BUS.
m 64: 1894,30 0
7
1974 ".25— 1708 '6 2505
.I 8 0�8 t:`:$�: f F� 1711 ,15
2 v 1708 'iiil Porker \.� \ i704 lays
831 .28 1.,10 FA'
J/:.•:Ob 1874 ..:.::u:<i'::4 •ga .47 106 .1712 `
I97t ••'1 '^^ 42 1632•181706`w 712 ..I7
y
TO1] 192m '1C .:•:•i:i '.75 .23 38 1816 187e q
.62
78... yJ 1704 �Oq.
::.. 03 r'. ......
0. 40 A 07..:. ..03 1972 �L
f.:i::y>:. ^:. 0.1!"• BUR&�� 67 �•Y ' �� ,�,
1.20 104 w•:: ''•'•�':liii:i:•'.•':;i:•,`:i%. \ 1709 /
; 9 J
.32
1911 :.1 FAI ..1� 80 7 1912�•��p'/�
lr,�: 4: y;:� y ,u1 .51 1704
4
(i1P Vv;?gyii P'l.' / 1976

R
Office Use Only: Form Version May 2002
030657
USACE Action-M No. DWQ No.
(IT any particular item is not applicable to this project,please enter"Not Appli6bleo,
L Processing JuN 2003
I I a'
1. Check all of the approval(s)requested for this project:
® Section 404 Permit
❑ Riparian or Watersle'
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
N 401 Water Quality Certification
2. Nationwide,Regional or General Permit Number(s}Requested:NATIONWIDE.# 12.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4: If payment-into the North Carolina Wetlands Restoration-Program{NCWRP)is proposed for
mitigation of impacts(verify availability with NCWRP prior to submittal of PCN), complete
section VIH and check here: ❑
5 If your project-is located!in any of North..Carolina's twenty coastal,counties(listed-on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern(see the top of page 2 for further details), check here: ❑
H. Applicant Information
L Owner/Applicant Information.
Name: REDWOOD DEVELOPMENT
Mailing Address: PO BOX 2935-
MORGANTON NC 28680=2935
Telephone Number:-829-433-1226 Fax Number:
E-mail-Address:
2. Agent/Consultant 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:
Mai-king Address:
Telephone Number: (M-433-1226 Fax Number:
E-mail Address:
n C --C In

M. 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 Both-the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious_surfaces, or other facilities:must be.included` If possible, the.maps and plans.should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan_drawings, or other-maps may be..included at_the.applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be_si jbmitted.on sheets.no_ larger than.U by 17-inch,format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings_rather than a.sequential.sheet version-of.the_full-size plans_. I£:fi 11:size-planks are
reduced to a small scale such that the final version is illegible,the applicant will be informed that
the.project_has been placed-on-hold untiLdecipherahle-ma�provided.
1. Name of project: HENRY'S GLEN PLANNED RESIDENTIAL DEVELOPMENT
2. YIP.-ProjectNumber or-State-Project-Number(NCDQT-Only): NIA-
3. Property Identification Number(Tax PIN): 42 68 1 19 AND 42 68 1 16
4. tion
y._. BURRKE NearestTown..MORGANTON
Subdivision name(include phasellot number): HENRY'S GLEN
Directions-to.site(include-road-numbers,landmarks etn..}: 2500' WEST OF'THF_I ;R-
SECTION OF US-70(EAST UNION STREET)AND SR1443 TOWARD US 64/NC 19
5. Site coordinates, ifauailable-(LiTM.orLatLLong):N-35-45..350' W-8-L44:019'
(Note—If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates-for ea.chcrossingo£adistinctwated)pdy.)
6. Property size(acres): 32.96 AC
7. Neuest-body of water-(stxean r verlseundloceanllake) UT-PEE DEE.BRANCIL
8. River Basin: CATAWBA
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at )
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application_ VACANT QKA84T.AND AND TIMBER. .

10.Describe the overall project in detail, including the type of equipment to be used:
SUBDR-AINS-TO CARRY SPERR WATER FROM ROADWAY FILL MATERIAL OR
NEW STREET-IN FROPOSEl?3UBI?II0N -f,OABER,.BACIOE DOZER=TK
11. Explain the purpose of the proposed work: CONSTRUCT A RESIDENTIAL
DEVELOPMENT VITFI ASSOCIATED SERVICES
IV. Prior Project History
If jurisdictional- determinations- and/or.permits-have-been. requested-and/or obtained.fob this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE-Action ID Number, DWQ Project-Number;application.date,-and date-permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications-or other useful-informatiop Describe-previously approved-wetland, stream and
buffer impacts, along with associated mitigation(where applicable). If this is a NCDOT project,
list-.and.-describe permits-.issued-.for- prior segments-of.the.same T<I.P. .prcject,.along_with
construction schedules.
NOTIFICATION OF RMSDICTIONAL DETERtE A". ION
USAGE-ACTION-ID:20Q2230753 —REOUESTED-A:PRIL, 2003
V_ Future-Project-glans
Are-any future permit requests anticipated for this project?- If so;describe the.anticipated Work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's}-responsibility to- determine, delineate and.map, all-impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these-impacts-in Section VII-below: All proposed,impacts;-pen-
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All.wetlands and waters, and all.streams(intermittent-and perennial}must be shown,on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and, delineation, forms_ should,be included-as.appropriate. Photographs- may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact-in Section- 111-below. If additional space is needec} for
listing or description,please attach a separate sheet.
TV-_.R-:r 111.

I. Provide a written description of the proposed impacts:INSTALL 145 LF OF PIPE AND
APPURTENANCES IN CREED. CONSTRUCT ROADWAY FILL OVER THIS PIPE,,
2. Individually list wetland impacts below.: _N/A
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on (acres) esino linear feet
* Listeachimpactseparately.and identify.temporary impacts...Impaccts include,but_are.not limited to:mechanized.clearing,.
excavation,flooding,ditching/dramage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Pmergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online at
*** List a wetland type that best describes wetland to be impacted(e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.) Indicate if wetland is isolated(determination of isolation to be made by USACE only).
List the total,acreage-(estimated):of all existing wetlands.on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact lease
1 PIPING 70 LF UT-PEE DEE BR. 2' PERENNIAL
2 55 LF
3 25 LF
Dist each impactsegazaf ely and identify temporaryy impacts .Impacts includr but are.not limited to:culverts and assoeiated_�p-rap,
dams(separately list impacts due to both structure and flooding),relocation(include linear feet before and after,and net losstgain),
stabilization-activities(cement wall,rip-raps crib-wall;gabions;-eW;,excavate ditehing/straighteamg;etc. If stream re on is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
SbrAm.names can,be.found on USGS,topographic_maps...If a atream-ha&no name,list as UT(unnamed tributary)-to the,4earest
downstream.named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Several intemet sites also allow direct download and printing of USGS maps (e.g., ,
,etc.).
Cumulative.impacts(linear-distance-in.feet)to-all-streams on site: 150 LF

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean-and any other water of the-U.S)below: N/A
Open Water Impact Area of Name of Waterbody T x of Waterbody
Site Number Type of Impact* Impact (lake,pond,estuary,sound,
(indicate on ma ) (if applicable)
(acres) bay,ocean,etc.
* List each.impact-separately and identify temporary impacts.-Empacts.include,.but are not limited.to: fill, excavation,dredging,
flooding,drainage,bulkheads,etc.
5. Pond Creation-TVA
If-construction.of a.pond is proposed,,associated:wetland_and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be-described here and illustrated on-any maps included with.this applicItion.
Pond to be created in(check all that apply): ❑uplands ❑ stream ❑ wetlands
Describe the method of construction (e,g., dam/embankment, excavation; installatiofi of
draw-down valve or spillway, etc.):
Proposed-use or purpose of pond-(e.g., livestock watering, irrigation, aesthetic, trourpond,
local stormwater requirement, etc.).-
Sizeofwatershed drainmgto-pond:.- Expected pond-surface.area •
VH. Impact Justification (Avoidance and Minimization)
Specifically describe-measurestaken to.avoid the_proposed.impact&-It may-be-useful to_pr�vide
information related to site constraints such as topography, building ordinances, accessibility,' and
financial-viabilit-y of the project:- The-applicantmay-attach drawings of alternatives lower-ilpact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were.minimized once the-desired site plan was developed_.If applicable,.discuss•constriction
techniques to be followed during construction to reduce impacts.
TH E.SPRINGS ARE NEAR THE CENTER OF TIC PROPERTY AND-THEREFORE NEED
TO-BE FILLED OVER IN-ORDER-TO—AeeONffdODATE-THE CLUSTER-TYPE T
DEVELOPNffi QT PROPOSED:NMIN ZATIONINCLUDES THE LOCATION THE
DEVELOPMENT TOWARD E[IGHWAY-?0-SO}TRAYMOST OF TIC BRANCH REMAINS
UNDESTURBED.
VIIL Mitigation
DWQ- In accordance with, 15A NCAC 2H-.0500, mitigation may..be required. by-the,NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater-wetlands or greater.than_or- equaL to.150 linear,feet of total impacts to--perTnial
streams.N/A

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits,..published in the.Federal Register.on-March-9, 2000, mitigation will_be.required-When
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size.and type of proposed impact.and.function..and .relative value_of.the-impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed_ExamplMof mitigation.that-may.be-appropriate-and practicable_include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or-upland-vegetated-buffersts-protectopen-waters-such-as streams; and-replacing s of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions.and.values,preferable_in-the same watershed,
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for. USACE_ or DWQ- to--consider_the application.complete_.for. processing_. Any applic-+.ion
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete....An-applicant may-also_choose to review the current guidelines-for stream_restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina; available at
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much informationaspossible; including, but not limited-to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed(restoration,-enhancement,.-creation, or preservation. a,plan.-view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and-proposed-method of construction, Please-attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program(NCWRP). Please note it is-the applicant's responsibility to contact the NCWV at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process fo,the
NCWRP, check the NCWRP website at . If use of
the NCWRP is proposed, please check.the appropriate box on page three and providq the
following information:
Amount of stream-mitigation-requested-(linear feet}. N/A
Amount of buffer mitigation requested(square feet): N/A
Amount of Riparian,wetland mitigation-requested(acres:..N/A
Amount of Non-riparian wetland mitigation requested(acres): N/A
Amount of Coastal wetland mitigation requested(acres. :. N/A

I-X,. En-vironmental IIocumenta#ion (required by-D--W%
Does the project involve an. expenditure of public (federal/state) funds or the use of public
(federal/state)land?
Yes ❑ No
If.yes; does-the- project require-preparation-of an-environmental document pursuant t9 the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure-whether a- NEPA/SEPA document is- required call the. SfPA
coordinator at(919)733-5083 to review current thresholds for environmental documentation.
Yes ❑ No ❑
If-yes, has-the document review been-finalized by the-State-Clearinghouse? If so, please-attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed mpacts-ea- riamand Watershed Buffers-(required-by DW%
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required.state-and-local buffers associated with-the.project. The--applicant- must_also-provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must-be-clearly identifiable-on the-accompanying site-plan._All.All.buffers must be-sho, on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional- Office. may be- included.as_appropriate- Photographs may. also-be- included-a� the
applicant's discretion.
Will.the_project.impact_-protected.riparian•buffers-identified within-15A, NCAC 213 -.Q233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements),..orother(please )?
Yes ❑ No ® If you answered"yes",provide the following information:
Identify the.square feet and-acreage_of impact to-each.,zone of the riparian_buffers_ If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* ( Im quarefeet ut Multiplier Required
1 3
2 1.5..
Total
* Zone 1 extends out 30 feet perpendiculff froni-near bank of ehannel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required,please discuss what type of mitigation is proposed (i.e.,Donation
of Property, Conservation-Easement,Riparian Buffer-Restoration/Enhancement;Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within I SA NCAC 2B .0242 or.9260.
N/A-
XL Stormwater(required by DWQ)
Describe- impervious,acreage- (both-existing and-proposed) versus total.acreage on the.-site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
EXIST: RAPER:VIOUS 20-9377 SF PROP. fl"ERVIOUS = 3-59-543-SF. TOTAL T =
32.96 AC - % HAPERVIOUS = 23.93 % SEE ATTACHED CALCULATIONS) EROS O_N
CONTROL PRACTICES-WILL BE.USED DUBINC CONSTRUCTION.,
XIS..- Sewage Disposal(required-by DWQ)
Clearly-.detail..the ultimate-treatment methods-and-disposition.(non-discharge.or,discharge of
wastewater generated from the proposed project,or available capacity of the subject facility.
ALL LOOTS- WILE. BE SERVED BY TIM- CITY- OF MORGANTON. PUBLIC SEWER
SERVICR: T
XIIL Violations (required by DWQ)
L&this-site.in violation of DWQ-WetlaudRules-(15A NCAC 2H .050Q}.or..an}_.Buffer.R�les?
Yes ❑ No
Is-this-anafier-the-fact permit-application?
Yes ❑ No
XM Other Circumstances (Optional):
It is.the-applicant's responsibility to..submit.the..application_.sufiiciently_in-advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to-list-constraints-associated-with construction-or sequencing that-may impose limitts on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered.and
Threatened-Species, accessibility.problems,or-other-issues-outside of the-applicant's control
5/-)- ,6 Zo-3
Appticaut/Agenes Signature Date
(Agent's signatumis valid only if-an authorization.letter from.the.applicantis provided.)
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200230753 County: Burke
Notification of Jurisdictional Determination
Property owner/Authorized Agent: Redwood Development Company Attn: Jim Lowdermilk
Address: 121 N. Sterling Street
Morganton, NC 28655
Telephone Number: [phone]
Size and Location of Property(waterbody, Highway name/number,town, etc.):
Residential development site on Business Highway 70 (East Union Street) in Morganton,
North Carolina.
Indicate Which of the following apply:
X There are waters of the U.S.on the above described property. Any proposed filling or culverting of streams or
wetlands would be subject to requirements of Section 404 of the Clean Water Act and notification through the
submittal of a Pre-Construction Notification Application to us would be required.
Because of the size of your property and our present workload,our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a timely delineation
of the wetlands. Once your consultant has flagged a wetland line on the property,Corps staff will review it,and,
if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The
Corps will not make a final jurisdictional determination on your property without an approved survey.
The wetlands on your lot have been delineated,and the limits of Corps jurisdiction have been explained to you.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
There are no waters of the U.S. present on the above described property that are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from
the date of this notification.
Placement of dredged or fill material in waters of the U.S.on this property without a Department of the Army permit is in
most cases a violation of Section 301 of the Clean Water Act(33 USC 1311). A permit is not required for work on the
property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory
program, please contact
Tim Smith at-at [phone]
Project Manager Signatures/
Date 7 Ay&O2.
cc: C. West(West and Associates)
CESAW Form 566
I OCT 91

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OF WATF9 Michael F.Easley,Governor;
William G.Ross Jr.,Secretary
�a North Carolina Department of Environment and Natural Resources
> Alan W. Klimek,P.E.,Director
p Division of Water Quality
May 8, 2003
Burke County
DWQ Project#: 03-0526
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
Douglas J. Reed 3 )i)
139 Kristin Court
Westerville, OH 43081
Dear Mr. Reed:
You have our approval,in accordance with the attached conditions, to impact 0.01 acres of waters
and 0.03 acres of buffers for the purpose of shoreline stabilization at South Pointe,Phase 5,Lot#23 on
Lake James as you described in your application dated April 24, 2003. After reviewing your
application,we have decided that this fill is covered by General Water Quality Certification Number
3373, which may be viewed on our website at http://h2o.enr.state.xic.us/ncwetlands. This certification
allows you to use General Permit Number 198200030 when the Corps of Engineers issues it. This
approval is also valid for the Catawba River buffer rules (15A NCAC 2B .0243). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project(now or in the future) exceed one acre, compensatory mitigation.may be
required as described in 15A NCAC 211 .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream
buffers;
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for the installation of rip rap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
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)
n [phone](phone),919-733-6893(fax),(hftp://h2o.enr.state.no.us/ncwetiands

4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
t�cen to keep all equipment out of the reservoir;
.5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
'j return it to the 401/Wetlands Unit of the Division of Water Quality.
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,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
i
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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
1 ffl,
Klimek,P. ., rector
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon,Permits Etc.

�WAr� Michael F. Easley,Governor
O William G. Ross Jr.,Secretary
ti� p� QG North Carolina Department of Environment and Natural Resources
r
Alan W.Klimek,P.E.,Director
0 Division of Water Quality
January 3, 2003
Burke County -y/o/
DWQ Project#: 02-1954
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
William Cloud
112 Wesley Drive, Apt A
Morganton,NC 28655
Dear Mr. Cloud:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of waters
for the purpose of shoreline stabilization at Lot 141, South Pointe on Lake James as you described in
your application dated December 17, 2002. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3373,which may be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit
Number 198200030 when the Corps.of Engineers issues it. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations, This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project,the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. This project is for the installation of rip rap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized.
3. Equipment and materials may be offloaded to the beach at.the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir.
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, which conforms to Chapter 150B of the North Carolina General Statutes to the
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh,NO 27699-1650(Mailing Address)
2321 Crabtree Blvd., Raleigh,NC 27604-2260(Location).
�N�19)733-1786(phone),.919-733-6893(fax), (http://h2o.enr.state,nc.us/ncwetlands
�1

i
Office of Administrative Hearings, F.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
kKli , P.E.
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
_ Central.Files
Sue Harmon,Permits,Etc.
{

jjVV OF W TFq Michael F.Easley,Governor
O� pG William G.Ross Jr.,Secretary
North Carolina Department
ent of Environment and Natural Resources.
p
C A...i lart W.Klimek,P.E.,Director
O < Division of Water Quality
January 3, 2003
Burke County t(p�
DWQ Project#: 02-1947
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
City of Morganton
Attn: Larry Pressley, Assistant Director of Engineering
201 West Meeting Street
Post Office Box 3448 {�
Morganton, NC 28680-3448
Dear Mr. Pressley:
You have our approval, in accordance with the attached conditions, to impact 47 feet of waters for
the purpose of installing a water line for Old Highway 18 as you described in your application dated
December 18, 2002. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3374, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 12
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including(but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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,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.
N.C. Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh,NO 27699-1650(Mailing Address)
02321 Crabtree Blvd., Raleigh,NC 27604-2260(Location)
[phone](phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands

i
This letter completes the review oft e-Divi-si-o-n-of Water Qua ity under Sec-tion 401 of-the Clean -- - ---
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
la ime E.,Direct r
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files

,ram
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank. � �.,
1. Processing
1. Check all of the approval(s)requested for this pf'k .., 7 2002 .„<,
® Section 404 Permit
Section 10 Permit ­�i-RANDS G+OUP
® 401 Water Quality Certification I A UAL° 1 �G°T w"-"
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s)Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII—Mitigation), check here: EIN/A
II. Applicant Information - 4
1. Owner/Applicant Information , ,iY.
Name: Burke County
Mailing Address: P.O. Box 219
Morganton
North Carolina 28680-0219
Telephone Number: 828-438-5265 Fax Number: 828-438-5264
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: completed by the City of Morganton Engineering Department on behalf of Burke
County. Signature by Owner/Applicant
Company Affiliation:
Mailing Address: City of Morganton
P. O. Box 3448
Morganton,NC 28680-3448
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13

III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible,the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Old Highway 18-Sugar Loaf Road Water Line Construction
2. T.I.P. Project Number or State Project Number(NCDOT Only): N/A
3. Property Identification Number(Tax PIN): N/A-Road Right of Way
4. Location
County: Burke Nearest Town: Morganton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):I-40, Exit No.104, Enola Road (SR
1922), go southerly 6.4 miles to its intersection with Old Highway 18 (SR 1924) & River
Road (SR 1916). Water line begins and runs southeasterly with Old Highway 18 (SR 1924)
to Sugar Loaf Road (SR 1913), thence easterly with Sugar Loaf Road (SR 1913) to end water
line
5. Site coordinates, if available(UTM or Lat/Long): See Attachment
(Note—If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct water body.)
6. Describe the existing land use or condition of the site at the time of this application:
The area is partly residential, undeveloped, and partly commercial
7. Property size (acres): Area disturbed by water line construction is=4.1 acres (17724'x10')
8. Nearest body of water(stream/river/sound/ocean/lake): Henry Fork River
9. River Basin: Catawba River
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 12

10. Describe the purpose of the proposed work: New Water Line Construction
11. List the type of equipment to be used to construct the project: pipe laying equipment
12. Describe the land use in the vicinity of this project: Mostly wooded residential area, with
some Commercial area
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Not aware of any previous permits along this project.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 7 of 12

mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts N/A
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to:mechanized clearing,grading,fill,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.)
List the total acreage(estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 6' UT Henry Fork River 6' Perennial
2 3 UT Henry Fork River 3' Intermittent
3 15' UT Henry Fork River 15' Perennial
4 6' UT Henry Fork River 6' Perennial
5 7' UT Henry Fork River 7' Perennial
6 4' UT Henry Fork River 4' Perennial
7 1 1 6' 1 Rock Creek 6' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation(include linear feet before and after, and net loss/gain),
stabilization activities(cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com,etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 47 linear feet
Page 8 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbod Type of Waterbody
Site Number Type of Impact* Impact (if applicable) y (lake,pond,estuary,sound,
(indicate on map) (acres) bay,ocean,etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): 0 uplands stream R wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
N/A
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.e.nr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Silt Fence, Vegetation and Rip rap
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Page 10 of 12

Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested(acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at(919) 733-5083 to review current thresholds for environmental documentation.
Yes n No ❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes No ❑ If you answered"yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No ❑
Is this an after-the-fact permit application?
Yes ❑ No ❑
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
d4, r"K_ Mi- -
3- 1 wo
Applicant/Agent's Signature Bur e County Director of Public WJ14cs
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

s � UrZke. -
The followingis an abbreviated application form for those applying for a 401 Water
PP
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 Applica�ion 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 !s
Raleigh, NC 27699-1650 !` 2 3
02
WETLANDS GROUP,
WATER QUALITY SECTION
I. Applicant Information
1. Owner/Applicant Information
Name: 1 Cloud
Mailing Address:
Moraanfnn, iqc, A��55
J
Telephone Number: 'UD Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: PERMITS, ETC.
Company Affiliation: SUE HARMON
Mailing Address: P.O. BOX 234
BOILING
Telephone Number: '764- 434- 010(n Fax Number: '1o4- N 34 7100
E-mail Address::erMif5e_fG (� Caroling YY- Corm)
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: ar Nearest Town: or
Subdivision name or site address (include phase/lot number): Souf h oinf�+p �LG'�f i4 l
Directions to site please include road numbers, landmarks, etc. (This is not 1�10 Sou.fh Poin+e l)r,
necessary if an adequate vicinity map is included):
rt)m MprQdnfon Q. e Hwu
c Or
6+ 141 i4 bo rf4kk If fhe, Corner r.
2. Describe the existing land use or condition of the site at the time of this
application: Aca n L wooded re n i denh'a l Ia Ke /Of
3. Property size (acres): 0.97 CLCfe5
4. Nearest body of water(stream/river/sound/ocean/lake): La 'arne5
5. Describe the purpose of the proposed work: 4'b S+&b i I i m the, Shored i nc,,,
v i /0
o e �horel�n.e.
6. List the e of equipment to be used to construct the project: ,bQ[11 hhe, Ct n d
han + 15
7. Amount of impact (including all excavation, backfill, rip rap, retaining wallsl
etc.) below the normal pool lake level in square feet or acres: X I DD 4 Do f.
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:
3.00 ' + 400 - 1 ADD �a
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance):6me, +ree will be, removed. lh�
%i Burkord�n'
area, V/i l l +hen haVe, rnJCh u.ppli ecd fo if.'
t/Agent's Signature Date
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)

William CI ou.d
I ft bout-k Poi n, Dr.
LOB 141 , 60I,t,`I'h Po i rLve'
r(Vorgr,n-ttsn, 9C, 1%"r5
Lake (Full Pond) .
Full Pond
Shoreline
,Ai �a ray 6wo rd
® y 'X too Ajtj rcy
la ' Cleared qlk, 100' Cleared
p rea Above,Pond
4-
So' Land ward lba
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 "Normal Pool" elevation
3) Location of rip rap or rill to be placed below the"Normal Pool" 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 "Normal Pool"
elevation.
6) Location of construction access corridors.
Of ry rap wi 11 b.e, o-pproki mate-l� 100
9
h6g yr h4- rip rop will be, 4-5 -Pee4.

To: North Carolina Division of Water Quality
I give Sue Harmon of Permits, Etc. permission to sign as my agent on my
application for shoreline stabilization.
Signature
Date L- / �—

sake County, NC; UIJ
11�i l l i ern, I au a I I
Burke County, NC GIS
Parcel: 52391 Parcel Address:
Owner: SHI N MARK& ANN L
3 FIRST
EASTO A
D�e Book: 907 Pg. 365 Acres:0.97
:I-
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140
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4068
743,036 1,159,654
1,159,223 Map Width=431'
Location Map
DISCLAIMER:The information contained on this page is NOT.to be construed or'used as a"legal
description".Map information is believed to be accurate but accuracy is not guaranteed Any errors or
omissions should be reported to the Burke County Geographic Information Systems Division of the
Office of information Technology,in no event will Burke County be liable for any damages,
including loss of data,lost profits,business interruption,ions of business information or other
~-- pecuniary loss that might arise from the use of this map or tho information it contains.
Page generated on 6l20/02 5 06:57 PM
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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. Pleas' IJAN
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 W0.00 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 uy AUG Z 62002
1650 Mail Service Center
Raleigh, NC 27699-1650 '' G ' 2002
WETLANDS GROUP
imf"EV UALITY.SLCI:ION
I. Applicant Information c u ?v
1• Owner/Applicant Information
Name: Yota
Mailing Address:
N
Telephone Number: 5a?- ?174- 27q!4 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: PFRMITS ETC
Mailing Address: SUE HARMON
P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 1 M- q34-b'70(. Fax Number: 7041- )43N- 7100
E-mail Address: rm i l"4e_&(� c a,ro li"na r r,Um
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
R

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: 1?urke, Nearest Town: by afrb
Subdivision name or site address (include phase/lot number): La hinhe,, hA6e-31,
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): a YV Lei'
I'� o pen (rrePil�q to !o-h #�D� 111 1) 1-de -,5aC-
2. Describe the existing land use or condition of the site at the time of this
application: Pri'VCJ6.. rniden a,I Ialke, Iof- Wo r and Vac n�
3. Property size (acres): ,'BA acre,
4. Nearest body of water(stream/river/sound/ocean/lake): L LKe, s l► o 5
5. Describe the purpose of the proposed work: fU 5�hr I i Ze Ae, 61)OreJ[11 e, and-1
vh) ea
I I�Iteau +be_ IenQM 'OF fl)c, bhplel,nr.� e�F
0�
6. List the type of equipment to be used to construct the project: 1' e)b mf ayncG
nM gods
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level ins uare feet or acres:
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:
i - Q
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance): �56me� w i II need h be,,
r_ryio ► 1 ice
IN, a fc.4ecl ox. 4 nW i!I + ) hd/ve, rn,Wd) "p l i ' � If,
L e, t cpA�Yl(.�7 s 14�w,TAP rm� l�&
Ap.p.lica Agent's Signature- Da
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

�la,me5 7Uu��J
r,
Lake (Full Pond
dz
Full Pond 4-
Shoreline
ci z
LIcared LRl4wcj-rd
00~ �$p' VJo 5 ' , ' fQJ Ajd� X Wacr,len Sea-wall)
�' Glea red �86' X.(01 Cleared Prea,
tqrea
3
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) AJI proposed vegetation clearing (provide dimensions)
.2) Location of rip rap or fill to be placed above the "Normal Pool" elevation
3) Location of rip rap or Fill to be placed below the "Normal Pool" 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 "Normal Pool"
elevation.
6) Location of construction access corridors.
\,4ccdev, Q SO ` tong ) approx) r Yiafe! q ' fCl I I

Pot-
to
.2x$ 60ardp
$�cc ( G'aOle .fir C Na0'.. ante 44*pr
QyC It,ol+-``
�ra r\
a
1 � C
.. �y� bolt'

/s/© �-
.y
�� ��
� �
ryi A
��• r
������
���� � � .
���

L JiJ 214 0,` r� t 1c
��� �' rR r
1 (17j7) 11i2 ' rr �.�.
Q l Setbv L266
L 308 �. w� 0.91 Ac. °k C' 21
�v c^ (a 3 {7yp
,
216 ;` ,
0.94 Ac. '� _ 90
E10 L263 213 N g4. 4(
`n 0' L262
10, 217 <� GW Cg`S _►---r`r 5 gE 02' 42- .'N L261 02. 42 N L25E• L27776
h
O jr • L259 '' 1:ga,U7' L258 5 82 12t.85' SS102;
0.98 Ac.
c, 45.00' Fit. \�, PQ� q��e
R. /L BrOXt,O.a d Prpo e Road)` ss � 21,` to
(35' See Note A _ '.;
44 212 0.91 •Ac. i N 82' 02' 42 L-
L260 '
ICJ• rv/ 1 24, S 87' 28' 08" E t ` r
246 L2,5ti P39
� •r� 250.73' . .
rD1 A, _ ^� � � �ry - 'L24 ;'Lake- J(
r e� , ;a�
0.76 Ac.
12.9� ��o
21 9 1' _ N 89' 49' 15" w
5�, -------- Ins
. . . • . - PM r
3y•• �`� r L 24 L242 L2 I
.. ._ ...... T
v� 271.61' �v�y (12.68) PPS
210
0.88 Ac. �+ - (32.6�-}----7/4P33 ,
-
L 2 0 fl r ��A
r N 87' 27' 53" E (26 0"')
Gh0 C42 7L23 '2
C4 L236 L23 ` ,
C28 311.68'. �ti31 L2
J0 �� 209 0.87 Ac. 60 .�, � �� - 5 8T 59.
e A (� 0�9 a o � 0 F2
k. No C,9 `�. /� 0 4 0 0.88 Ac 6 20°
203 - ee �.� 1� .o. 20'8
" f .o
`1e oo• �,�� . R Inset A- �.y�5 �.Q ° � _ _9_00'
J1 0 66 .AC. 5p. OOd�� I ��j C A ?0 p H 8T 59 5T
\00. Linen
' y1 C�° �i b- C37 S
00,
8 0.58
.59 0 �bkJ
Cjj
lip 4' • 00 aZ C� 7
,20 2 , <0 `' 207 / r•�
% °° 205 206 ? . sse. �. off,
me — Co
Phase 3 NCo lam.. �` 0.54 A� o, M 073 Ac. Y
1 o f 3 . z
� �,.
(n �1 ' 90 \SAr 4.
L 780 . j ,� F z"�•"Vi �, L ak F
206
the L 190 S 900r a e'
011,lol
o\��t r ::I
A �\ � � 0 � \ L193 Lp5 2
.On o1 Streets, Utilities \�� PZU�, \-u, L186
�204 `� �� 205 �� f
e required improvements — _� 1n(T)��5 E Young-received and thot PJO , �.JI,U 'ZJ

Page I of I
MAPBLASTI Nebo, NC
Everyone needs a little direction in life
24 E9MAPBLASTI
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22 11 F
I Icon Latitude:35.7620644, Longitude:-81.827782
http:Hwww.mapblast,com/myblast/mPrint.mb?CT=35.7620644%3A-81.827782%3A2000... 8/16/2002

Jiro Young
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Triage Check List
E Date: Project Name:
DWQ#:
County: Lola-
To: (S—ARO Mike Parker ❑ WaRO Deborah Sawyer
❑ FRO Ken Averitte ❑ WiRO Joanne Steenhuis
❑ MRO Mike Parker ❑ WSRO Jennifer Frye
❑ RRO Steve Mitchell
From: Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Astream 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) z
ElPond fill /
L10 -�
❑ Mitigation Ratios❑ Ditching
❑ Are the stream and or wetland mitigation sites avail k er
❑ Check drawings for accuracy❑ Is the application consistent with pre-application m❑ Cumulative impact concernComments: ,
juC1 (�(V
oaq Ova i�
lAle, ac�G��`�Ss- <�yS w glo
wi u�
�\0- Z ls�

W A TF9Q
Michael F.Easley
�O G Governor
rWilliam G. Ross,Jr.,Secretary
Department of Environment and Natural Resources
✓ Gregory J.Thorpe,Ph.D.,Acting Director
Division of Water Quality
September 30, 2002
MEMORANDUM
TO: Forrest Westall raw" "apt
Asheville Regional Office
FROM: `John Dorney A�A
RE: 401 Certification Review
Attn: Mike Parker
Please review the enclosed 401 Certification applications by the dates listed for each project. Please call me if
you or your staff have any questions, or need assistance in these reviews.
Please complete the staff report and recommendation form on Filemaker Pro.
1. Camp Creek Estates
021083
Burke County Central Office Received 09/12/02, clock expires 11/11/02
Need RRO comments by 10/29/02.
The other enclosed material is for your general information and use as appropriate.
Enclosures
Z14�7"
3 �3 a
Lz) ov . S/ 3 3-
North Carolina Division of Water Quality,401 Wetlands Certification Unit,
,A 1650 Mail Service Center, Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
Hill-f77 4700/..h..n.+\ flip 700 COIF]/fn..\ nv.r�1..... —/.........+I.. A. I

W L'>p,yam Eyaluation Form
Project Name:. River Basin County: Evaluator:
DWQ Project Number: Nearest Named Stream Latitude: Signature:
Date: USGS QUAD: Longitude:
Location/Directions: 3Z61Y
1 Primary Field Indicators: (Circle One Number Per Line)
Absent Weakly,Ffes-nt Somewhat Present Moderately Present Strongly Present Prevalent
1) Are Riffle(s) &Pool(s)Present? 0 2 4 6 8 10
2)Is The Streambed Substrate Present '
Different From Surrounding Terrain? 0 2 ( 4 gl 6 8 10
3) Are Terraces Present? 0 r,,.'2'"^, 4 6 8 ' 10
4)Are Bivalves Present? t'`y0`.3 f" 4 6 8 10
Are Meanders Present? 0 2 4 6 8 10
6) Is There A Floodplain Present? 0 2, 4 6 8 10
7)Are Multiple Thread Channel Present?
e.g. Is It Braided?). 0 t"2 4 6 8 10
8) Are Alluvial Deposits Present? 0 2 4 6 8 10
9) Is There A Bankfull Bench Present? t 0> 2 4...,.._. 6 8 10
10) Is A Continuous Bed&Bank Present? 0 24� _;r' 6 8 10
11) Groundwater Flow/Discharge Present?(e.g., �LL.
Seep,High Water Table etc. . 0 2 4 6 8 10.
12 Is Peril2hZon Present? 0 2 4 6 8 10
13 Are Step Pools Present? 2 4 6 8 10
14 Are Fibrous Roots Present In Streambed? 10 .8 6 4 2 0
15 Are Plants Present In Streambed? 10 8 6 4 2 0
16)2ad Order Or Greater Stream(As Indicated /L)
On Topo Map And/Or In Field)? Yes=10 No=O
PRIMARY INDICATOR POINTS:`
II.Secondary Field Indicators:(Circle One Number Per Line)
Absent Weakly Present Somewhat Present Moderately Present Strongly Present Prevalent
1 Are Fish Present? 0 1 2 3 4 5
,t)Are Amphibians Present? 1 2 3 4 5
3)Are Turtles Present? (...... 1 2 3 4 5
4)Are Crayfish Present? (r 0, .� 1 2 3 4 __ 5
5)Are Macrobenthos Present? 0 _3 1 2 3 4 5
6) Is Water Present In The Channel? '0 1 2 3
Nick Point Present In Landsca e? 0 dr2 2 3 4 5.
8 Sediment On Plants Present? 1 2 3 4 5
4 Are Iron Oxidizing Bacteria/Fun- us Present 0 1 2 3 4 5
.10 Floating Non-Attached Algae Present? 1 2 3 4 5
11) Are Wrack Lines Present? 2 3 4 5
.12) Organic Layer In Streambed Present?
(*Coastal Plain Only*) (�0 ' 1 2 3 4 5
13)Are Contour Lines Indicative -�-�
Of A Natural Channel? 0 1 2 ( 3 .J 4 5
14) Are Non-Sediment Stained Sticks,Twigs,Or Branches
In Streambed(And Not Associated With
Any Nearby Wrack Lines)Present? r< 0 1 2 3 4 5
15)Is This Year's(Or Last's)Leaflitter --1,
Present In Streambed? 5 4 3 2 ( 1-;) 0
16) Wetland Plants In Streambed?(*Note:if Total_ Mostly OBL Mostly FACW Mostly FAC Mostly FACC'U Mostl L
(*Absence Of All Plants In Streambed—As Noted Above—Then Skip This Step*). 5 4 3 1 0
111)Hydric Soils Present Within+/- 100' Of Streambank? Y
(*If Streambank>6"In Height Then—50%Chance Of Hydric Soi4,,,1f eStre mbank<6"In Height Then—100%Of Hydric Soils Present.Also Consult County Soil Survey`)
_ ,-<-- Yes=5 No=O
18), Soils Survey(Within+/- 100' Of Streambed)
Indicative Of F1oodPlain Series? Yes=S No=O
SECONDARY INDICATOR POINTS:
TOTAL POINTS (Primary + Secondary) _ (If Greater Than 42 Points The Stream Is At Least Intermittent).

1Va Michael F.Easley,Governor
�0 RQ William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
�- Alan W.Klimek,P.E.,Director
Division of Water Quality
p Coleen H.Sullins,Deputy Director
Division of Water Quality
October 6, 2003
DWQ#03-0984
Burke County
Burke County �U/
C/o Mr. Larry Pressley
P.O. Box 219
Morganton, NC, 28680-0219
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pressley:
You have our approval, in accordance with the attached conditions, to impact 10 linear feet of streams in order to
construct the Bost Road, Piedmont Road and Sherwood Forest Subdivision Water Line Construction project in Burke
County, as described in your application received by the Division of Water Quality on August 7, 2003, and in additional
correspondence received September 22, 2003. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3374, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 12 when issued by
the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Randleman Buffer Rules, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 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 total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional condition listed below:
1. Upon completion of all work approved within the.401 Water Quality Certification, 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;
2. Instream activities shall be prohibited during the fish spawning season of May 1 through July 15 to prevent off-site
sedimentation from impacting fish eggs and fry downstream of the site;
3. Directional boring is preferred for the Warrior Fork Creek crossing if practicable and feasible;
4. Pipe installation must be accomplished so that pipes are located a minimum of one foot below the thalweg depth of the
stream channel. Pipes must not interfere with aquatic life passage during low flow conditions. Any riprap used must not
distort channel dimensions, including the thalweg;
5. Native riparian vegetation should be used for streambank stabilization.
6. Sediment and erosion control measures shall adhere to design standards for sensitive watersheds (15A NCAC 4B.
.0024).
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 which 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.
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://l12o.enr.state.nc.us/ncwetlands)
Customer Service#: 1-877-623-6748

Mr. Larry Pressley
Page 2 of 2
October_6, 2003
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 Kevin Barnett in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in our
Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Ron Linville, 1721 MSC, Raleigh, NC, 27699-1721
Larry Pressley, City of Morganton, P.O. Box 3448, Morganton, NC,28680-3448
030984
I

State of North Carolina
Department of Environment
and Natural Resources
Michael F.Easley, Governor
Alan W. Klimek,P.E.,Director NCDENR
Coleen H. Sullins,Deputy Director
Division of Water Quality NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Asheville Regional Office
June 21, 2004
TO: Sueanna Sumpter
Attorney General's Western Office
Facsimile Transmission—2 pages - (828-251-6338)
FROM: Jim Reid
DWQ - ARO
SUBJECT: Simonca
Burke County
Based upon the site visit of June 18, 2004, observations revealed that the Simoncas had made progress toward
stabilizing their lot. The upper portion of the lot had, for the most part,been satisfactorily stabilized. However,
the lower portion of the lot(closer to Lake Hickory, i.e. the "Catawba Buffer) and the most crucial in protection
of Lake Hickory had been left to become overgrown with scrub vegetation and weeds. While the dense scrub
vegetation provides some protection for the Lake, that protection is not as great as would be provided by a
forested buffer. The restoration plan agreed upon by the Simoncas and DWQ as justification for settlement of
DWQ's case contained some hardwoods and a carpet of rug juniper. Despite deficiencies remaining on the
Simonca's property,DWQ would be willing to continue the settlement process based upon progress made by
the Simoncas and assurances provided by their attorney who was present on June 18.
Items remaining on the Simonca's property include the following:
Establish hardwood trees in the buffer area. The trees would provide a canopy and further result in
development of a dense leaf litter(that in an undisturbed, forested buffer can absorb up to 0.5 inches of
rainfall). Establish dense ground cover(such as well-mulched rug juniper) in any bare areas that
develop under or around the trees within the buffer.
Fill and stabilize the deeply eroded area adjacent to the dead poplar tree (right of house when facing
front door).
Fill and stabilize the eroded area(left of house near air conditioning units). Heavy flows of storm water
appeared to be causing continued erosion.
Asheville Regional Office,2090 U.S.70 Highway,Swannanoa,North Carolina 28778 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled\110%Post Consumer Paper

Establish dense, ground-holding vegetation on the bare areas and nearly vertical cuts along the retaining
wall.
September 1, 2004 would seem to be a reasonable period of time in which to accomplish the above- described
activities.
Your assistance in this is truly appreciated. Please contact me at telephone number 296-4651 if additional
information is needed.
Asheville Regional Office,2090 U.S.70 Highway,Swannanoa,North Carolina 28778 _Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled\110%Post Consumer Paper

r
U
1 01 ISSUED
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 Q4,",Aot-be used;
for wetland or stream impacts. Please provide seven (7) copies of this applicatidw dr upport1%9gJAL OFFICE
information as well as a non-refundable application fee to the Division of Water Quality of$2200, 00
i 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. MAY 0 3 2004
Applications should be sent to: t V
Division of Water Quality Wetlands Unit WATER
�� ����
1650 Mail Service Center
MAY 1 1 2004 SECTION
Raleigh, NC 27699-1650 WERANDS/401
I. Applicant Information WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE APR 2 7 2004
1. Owner/Applicant Information
Name: RICKY D. GRAHAM
Mailing Address: 104 PEACHTREE ROAD
ASHEVILLE, NC 28803
Telephone Number: _828-891-3812 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706 Fax Number: _704-434-7100
E-mail Address: permitsetcncarolina.rr.com
H. 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.

,�
I

, t
D . Grahoan
1. Location
County: BURKE Nearest Town: NEBO
Subdivision name or site address(include phase/lot number): MALLARD POINTE/PHASE 1/LOT 12
2373 LAKE FOREST COVE, NEBO,NC 28761
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126W/LEFT ON BENFIELD
LANDING RD/LEFT ON LAKE FOREST COVE TO LOT 12
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT
3. Property size(acres): _0.95 ACRES
4. Nearest body of water(stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: _TO STABILIZE THE ERODING SHORELINE
AND HELP PREVENT EROSION, BY APPLYING RIVER ROCK TO THE ENTIRE LENGTH
(110 FT) OF THE SHORELINE. THE RIVER ROCK WILL BE APPROXIMATELY 4-5 FEET IN
HEIGHT.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact(including all excavation, backfill, rip rap, retaining walls, etc.)below the
normal pool lake level in square feet or acres: 2 FT. X 110 FT. =220 SQUARE FEET
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:
NONE. A BARGE WILL BE USED.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): _THREE TO FOUR TREES MAY NEED TO BE
REMOVED. IF SO, THEY WILL BE REPLACED USING THE GUIDELINES SET FORTH
IN THE BURKE COUNTY ORDINANCE.
�, 1P 15 ao
Applicant/Agent's Signature Datf
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

R�CKu. n. C�rw7n
1 at lard
Lake (Full Pond)
�1i s wo I h� d6n, b j ba ?
Full Pond P
Shoreline
------------
LDS l
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 "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
d) The location of any proposed structures such as buildings, retaining
wails, docks, etc.
5) The location of any excavation or dredging below the "Normal?""
elevation.
6) Location of construction access corridors. �I
T{1�, � I'll D� �'`"1'?, ���� 11'i�. l� i�hi5 �D� I5 l �0 �e� ..►r11S
U)i 111G,Ve. i t;
to
h� cif �h� r�Yer >ra w i tI be a fprO)4mCLfPJa q f-o 5

&A9 D • �ra6tyo-
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51.on:� Curve Ra�.t'•�s C'nord 8e /� 5
Show llb l:tnerr feed' (3F rivex rocK) r c
----- gproc 4
3 3� , N 00' �a 1
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2.G•: 4 :504.96' N 67•
a, 04 9f•' ° 53'
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90 r 127
itt 5
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32.8E C 1 1 311 55' 5 66
L 12 300.97' N 61' ' `
a4 `' fog 1
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r. ,;..4, ,`.. 1. ' v �,� I. Boo
0.11
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4,59
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;�9�4•. ''i'�'�'�ii, ':��e{.r\�::4i`i! l;�i.'' �i4.�:.n•', •l •,,. �'i. �L ' �' �l i�:k. t i,v,kryu.1.�',ii.4i. 'i sr:;�i''"''.1j:; ;'' : 'i. •, 'a'' l:.: %:' �, j iltbC 0.)2 Ac
;'+ v ''?� �k '. ;a�Z,:nt r, :f• ;'''+','t' ,.• ';' Lihes (TYP-) L51
Uj `i
Vi
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r1' � �7 1 44 Ac. $ L55
cn
+ '1 Centerline .' �• c
C 75 10' Drain Ease. .^, 4r)' ' •�%
r :39' Propertyy� e� \ \ N 2T 29' 48" W 1=2 z e. �'
r_entertine '10 00 ut2hty .
42.95' O
3.82 k Draigage Easem 1\ g� "''• \� 0.95 Ac. SDI �+ w •` �
2.2 3' ♦ po \ Co�rol 'Ricv-A �' $P Z
t 6.33 ry
s6 3z. ��4'�� r'1? \Corner _hO .0.95 Ac. a 0 05 Ac
7 96 Building
1 p \�y3 S Srtbock
13 ow, I�L5 *1• e(f ` 9d ci• Line
3 3 ''7 `', �`, 47
5G.o; �
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80:0o' CoV�, 'yell ' +pO C7� 70 1.t 9, Ac.
27 15' 4 plr� ' C Property_Lige*, N I fW
fW
]0 pp ` t� Centerline 10,00 UtilJty I.
1.� k Drolnoge Edsame\t p .
NO \z I

Morganton area, North Carolina, United States qir-Yq Graham
iT � � - t R ����;�r�,1 ;t �w f� 4 �� er rh•�n t1 �
1281
pr
PISg Oval Forest "pay���a�Yy RR
.,. ', `I t i' t.t �' �� t� fp s '� v • 1
� 126
2373 Lake Forest Cove
_ _ Nebo,NC
Latitude 35 74349
Longitude 8187272 N��� Try,
�k llry
� y ti h.� r P �i- , u.n+. ✓�, i* $�
0tr �k4.•
• � �, 3 �z4'� ��l� ,t%?.fii��j�� �f:�usdt�,Jd'��y4�r� v�FN y tt. Q�;i � �!��Cr����t�kr'���� �t�'�� ��
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26
U �1231)
1233
�-11646.i .1676k 1206.
t1 `1649 t• / .�
0 rni 0.5 1 1.5 2 2.5
Copyright O 1988-2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/A~.microsoft.com/streets
O Copyright 2000 by Geographic Data Technology,Inc.All rights reserved.O 2000 Navigation Technologies.All rights reserved.This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada.0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.

dr
,
� � t +� ✓� �r ��ilk� �4a� � i r r .ty, w� + h t �;���j'�d� 3'�
\`¢rye
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• ;�vas„ � � � r �'�i
Js �
r y��'. ar^tFTF. it

�i Cx D. Gro.hanu
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date 3 ' L 7 O -I

The followingis an abbreviated application form for those applying for a 401 Water Quality
PP Q h'
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 o 7 ater Quality of$200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impact tii r,#k m of greater
or equal to 1 acre.
Q le®
Applications should be sent to: S, '
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information R 4 .0o4
1. Owner/Applicant Information
>D OF'OMR
ONMEW
AND NATURAL RESWI?C '
Name: THOMAS N. DEBO MOORE(Wn -_,nfVAL OFFICE
Mailing Address: _1809 MORRIS LANDERS DRIVE "r
ATLANTA, GEORGIA 30345
— MAR 2 9 2004
Telephone Number: 404-633-7070 Fax Number:
E-mail Address: WATER n11A:.1rn., ION
2. Agent Information(A signed and dated copy of the Agent Authorizatio ttrlf
if the Agent has signatory authority for the owner/applicant.) D
Name: SUE HARMON M AY 1 1 2004
Company Affiliation: _PERMITS, ETC.
Mailing Address: P.O. BOX 234, BOILING SPRINGS,NC 28017 WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Telephone Number: _704-434-0706 Fax Number:704-434-7 100
E-mail Address: [e-mail]
H. 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.

Thomas N . Debo
1. Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number):_SOUTHPOINTE/PHASE I/LOT 126
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST/LEFT ON
SOUTHPOINTE DRIVE/RIGHT ON ASH COVE COURT/LOT 126 IS IN CUL-DE-SAC/
(ADDRESS IS 1695 ASH COVE CT)
2. Describe the existing land use or condition of the site at the time of this application:
RESIDENTIAL LAKE LOT WITH HOUSE; WOODED WITHIN BUFFER AREA
3. Property size (acres): 0.78 ACRES
4. Nearest body of water(stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO HELP STABILIZE THE SHORELINE
AND PREVENT EROSION BY APPLYING RIP RAP TO APPROXIMATELY 280 FEET OF
SHORELINE ON THIS LOT, THE RIP RAP WILL BE APPROXIMATELY 6 FEET IN
HEIGHT.
6. List the type of equipment to be used to construct the project:_A BARGE, A BACKHOE AND
HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.)below the
normal pool lake level in square feet or acres: _2' x 280' = 560 SQUARE FEET
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:
NONE. A BARGE WILL BE USED.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
�A ,4r,A /M A,7 Pu M;k e fc, MOACI Z. aoo
Applican nt' Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

IOrnQ 5 N. Delo
Souk Pot n4 /Lod !2-�
Lake (Full Pond)
I bay, wi I i be used tr fhis projeJ.
Full Pond
Shoreline
Lave uxi rd
9 'X 0, Rip r
Thunas
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 "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" 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 "Normal Pool"
elevation.
6) Location of construction access corridors.
rox
+P r� I �P � all d
; �, of
4p��e-d +0 -the" shore PM,
-Fee s OX:, '�D'Peed`. of+he la of A'5 ��o(p�rnc,
o� read 9 hQ 6 ro cl<

1•!,!+imi•T9L7i r�
w T o4 �F-Jwt•Sz—.�^^-iii.e
�. -Al .e
�/ !► iL ai
. t►a"'� y
ems• r [:�
16.
I" v�
I .
�k
�1
Qua
' d

Morganton area, North Carolina, United States Thomas N , ��o
1244)
.1243,
26)
�` \\ 1695 Ash Cove` Ct
Pis ah Natio al
- g Morganton,NC 29555 1 t \
Forest LabbAe 35.X204
\ Longitude 8183497 qY `
Af'
1233 1I�p
f� w
NC..j
(1230i
4� -�=Lal�e
0,l—',5'
126: 1 ,,'b1236a
0 mj 0.5 1 1.5 2 2.5
Copyright 01988-2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/twww.microsoft.com/streets
C Copyright 2000 by Geographic Data Technology,Inc.All rights reserved.0 2000 Navigation Technologies.All rights reserved.This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada.0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.

Thomas N, Debo
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date 311i l V

,y,r �� M+"� f n i+ •� �t � a . ',rf 'F I r �'nf',3y1
• Af�,/� t ,�.:n4``r � .•f a°� i � -i .��r„�; 1.,..rtcf�'+�btrS.
r
a�y Y'{ .z q rS .�. ra* •.h �
AA
�(t A •JI r... y�r�,4t, '1 f 1}: Y ,y y,y}i��.t:�� !�"}�J.' 7+1tY•' ~ 't'�►
M1
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4 �
r
rN
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t
sd�y }ri
/ � k
Pyr „y
2 : 20,04

401 D UE®
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 WETLANDS rRQ�P
1650 Mail Service Center
Raleigh, NC 27699-1650 APR 2 3 2004
I. Applicant Information WATm mcam r
CEO
1. Owner/Applicant Information �'FtCE
Name: STANFORD A. WHITTINGTON
Mailing Address: _735 11TH AVE. BLVD. SE
_HICKORY, NC 28602
Telephone Number: _828-327-8627_ Fax Number: ,
E-mail Address: ION
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.) p�
Name: SUE HARMON Q O v
Company Affiliation: PERMITS, ETC. MAY 1 1 2004
Mailing Address: P.O. BOX 234
BOILING SPRINGS NC 28017 WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Telephone Number: 704-434-0706 Fax Number: 704-434-7100
E-mail Address: permitsetcncarolina.rr.com
H. 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.

%4ord A. Wh1-tti r9tcn
1. Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): 1766 HAWKSBILL CT.,
MORGANTON, NC 28655, EAST SHORES II/LOT 11
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON, TAKE HWY 126 WEST/LEFT ON
POWERHOUSE RD/RIGHT ON INVERNESS DR/RIGHT ON WATERFORD WAY/LEFT ON
HAWKSBILL CT TO END/LOT ON RIGHT
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A WOODED, RESIDENTIAL LAKE LOT WITH A HOUSE UNDER CONSTRUCTION
3. Property size(acres): _0.83 ACRES
4. Nearest body of water(stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: _TO STABILIZE APPROXIMATELY 244
LINEAR FEET OF SHORELINE ON THIS LOT WITH RIP-RAP TO PREVENT EROSION. THE
RIP-RAP WILL BE APPROXIMATELY 6-7 FEET IN HEIGHT.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.)below the
normal pool lake level in square feet or acres: 2 FT. X 244 FT. =488 SQUARE FEET
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:
NONE. A BARGE WILL BE USED.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): ONE TO TWO TREES WILL NEED TO BE REMOVED.
THEY WILL BE REPLACED USING THE GUIDELINES OF THE BURKE COUNTY
ORDINANCE.
4i~c/lm VN, i
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

1-an�or4 Wh i f nc>�n
Eas+ Shores -a /I-Dt I I
Lake (Full Pond)
l� bane will be used
Full Pond
Shoreline
i p-v rape u,c�rd
�L �s
144' 'Rik-rap
SirtArd Whi 4+i rgbn
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 "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
4) The location of any proposed structures such as buildings, retal*. 9
walls, docks, etc.
5) The location of any excavation or dridging below the "Normal'Pool"
elevation.
6) Location of construction access corridors,
end tre 5hordine. IM94 0f Lof# 11, 4ProximafeJV
-A44 -� will have, rip-rap 0-pp4ed bro It. The r(p--rop
\N t t[ be G-1 �M+ in h63h+.
_ La men+ w i tl be u 5ed .i n _`}-fvf, buffr-area. ._

lit
bn r
l inch A-pproX.
X 'S Show ri rap gpn6c, a44 'tt ih. l"A;
/� faro
.r. q y ). '•+ ' 7• 1 CAA i�WC
49 la�O' L-�/ L• ' " '
t
La ;;: ,1 Sit •� ,Y
1�3Q. J7 L-46
aqu
13
4v
JT
A Ito,
i,� - �../ . �vy�.J ✓ � ..� 7r ,'. ( � .r� .,Y ly.l. rl i1.• ')� �,,, � � ,
I'.NO<
' �� f �z *, 'if r;` � '� ` M1 �i4,.. '�ti• .'f rat IY ., `�\\t
? yam^ 1..' Y ,';•`x i, . ,:. s + ( jS{�, \( �' \•
�• n �-t r t .1� �r :/'_ r sj 1^ `�J,,, t �A•J^ ; vi rfr�,a� 4 h ��
fA
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�. .y ,: ti r- l� :� r j 7� 1 \. . ..1rn r r w�i Yl,-. �.w, ,a /•.. �� �� c.
,'� � •• •.�'n'.� .�.,Or 1..rn J. �<• t 7 v�. '.+f•� ,�h� f r. '� w`1 ��', tj'� ��� '
;° K
' v r t {� 'rr� .;� .✓ , �I►;.--.. ��f .T Yr� �':' TA IQ t •t 1 .r. _ �t
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i� � r. f �wti 1 y� ... t.� �" �i:r.'.i• .,! 'S„{1 .�i '�L �. � `y�r' �� V / �r � '� `T�r '
1�.� y ,1 "`r. , � rti •il� 7' <J 1.T O !?,r t ri•1'!A{t r t , �t•1� .�" .7r � h'� i t t
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tlnlet� Whi#tnyfon - SW Assacia+es,-.r:nG.
5� 5 horc5 1C/1-0t
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s) uk& �
Date

,1
•_w' �� 7�,t,.,a .^ '" r ��*A � -�P✓,..�?d� n r?� e,�', r\ {,n.l',r k 'P
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166-`7- Ow-
01 ISSUED
The following is an abbreviated application form for those applying for a 401 Water Quality
r 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 agd�. prting
information as well as a non-refundable application fee to the Divisi titer �}yg$ 00.00
for impacts of to lake bottom of less than 1 acre and $475.00 for im' take Weater
or equal to 1 acre. ;4
Applications should be sent to:
MAY 0 3 2004
Division of Water Quality Wetlands Unit �� E
1650 Mail Service Center WETLANDS/4Q1 GROUP'
Raleigh, NC 27699-1650
D TL'RqW
I. Applicant Information W
MAY 1 1 2004 WATER QUALITY SECTION
1. Owner/Applicant Information
Name: WILLIAMF. qqgR QUALITY SECTION
'LE REGIONAL OFFICE
Mailing Address: _122 CEDAR TRAIL
WINSTON-SALEM, NC 27104
Telephone Number: _336-413-3468 (CELL)_ Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: SUE HARMON
Company Affiliation: PERMITS, ETC,
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706 Fax Number: _704-434-7100
E-mail Address: [e-mail]
H. 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.

wi I I it m f. cp+el
1. Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): SOUTHPOINTE/PHASE 2/LOT 161
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST/LEFT ON
SOUTHPOINTE DR/RIGHT ON BEECH BLUFF DR/LOT 161 IS ON CORNER OF BEECH
BLUFF DR AND LINDEN GROVE CT
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT
3. Property size(acres): 1.25 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE THE ENTIRE 297 FEET
SHORELINE OF THIS LOT WITH RIP-RAP TO HELP PREVENT EROSION. THE RIP-RAP WILL
BE 2-3 FEET IN HEIGHT.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.)below the
normal pool lake level in square feet or acres: 2 FT. X 297 FT. = 594 SQUARE FEET
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:
NONE. A BARGE WILL BE USED.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
All-j )46AAnm,s,, CL Lni' Q,OU 25 A004
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

.._....._.._........
..__...._.._..`_.._ ............. ......_. .
William F Cotes
SoLLA Poi nfe, /Lot I�e I
Lake (Full Pond)
Full Pond 1l 5 `' `
Shoreline
--___ A.
Lot
Please a'proximately 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 "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
4) The location of any proposed structures such as buildings, retain)ng
wails, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors,
the wf re, shnrP I i nv, IMGAT q'] &-f wM I I ba►. rl-o- ra -
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NMI r Morganton,NC 126)�/
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®Copyright 2000 by Geographic Data Technology,Inc.All rights reserved.®2000 Navigation Technologies.All rights reserved.This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada.0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.

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Y

I
w I i am Cate
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date

Michael F.Easley,Governor
✓`i'�p�W ArF9 William G.Ross Jr.,Secretary
WG North Carolina Department of Environment and Natural Resources
r Alan W. Klimek,P.E.,Director
Division of Water Quality
a �
September 6, 2002
Burke County
DWQ Project#: 02-1358
Approval of 401 Quality Certification with
Additional Conditions an
d Catawba River Buffer Rules
Chad E. Covey
49 South Main Street
New Berlin, NY 13411
Dear Mr. Covey:
You have our approval, in accordance with the attached conditions, to impact 372 square feet of
waters for the purpose of shoreline stabilization at Lake Acres,Lot#3 on Lake Hickory as you
described in your application dated August 22, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3373, which may be
viewed on our website at htlp://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
General Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid
for the Catawba River buffer rules (15A NCAC 2B .0243). In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control,Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.For this
approval to be valid,you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed as diffuse flow at non-erosive velocities across the entire
protected stream buffers
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access,corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for the installation of riprap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
PO
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

4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of reservoir;
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed.. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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, 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.
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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
a im , P.E. 1 ector
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville'DWQ Regional Office
File copy
Central Files
Sue Harmon,Permits, Etc.

of,I ArF9 Michael F.Easley,Governor
91 William G.Ross Jr.,Secretary
`p� '�Gy North Carolina Department of Environment and Natural Resources
r
� Alan W. Klimek,P.E.,Director
Division of Water Quality
September 6, 2002
Burke County
DWQ Project#: 02-1364
Approval of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
James E. Young
142 Lady Slipper Lane �.. ,�
Valdese,NC 28690
Dear Mr. Young:
You have our approval, in.accordance with the attached conditions, to impact 560 square feet of
waters for the purpose of shoreline stabilization at South Pointe,Phase 3,Lot#208 on Lake James as
you described in your application dated August 21, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3373, which may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
General Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid
for the Catawba River buffer rules (15A NCAC 2B .0243). In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may
required as described in 15A NCAC 2H .0506 (h) (6) and(7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed as diffuse flow at non-erosive velocities across the entire
protected stream buffers
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for.the installation of a wooden seawall and riprap to prevent further erosion of
the property due to wave action. The use of mechanical equipment on the beach must be
minimized;
Pit
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

i
4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to beep all equipment out of the reservoir; -
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return itto the 401/Wetlands Unit of the Division of Water Quality.
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, 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.
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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
Mime E.,D ctor
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits,Etc.
i

• r
State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office _
Michael F.Easley, Governor
William G.Ross,Jr., Secretary NCDENR
Alan W.Klimek, P.E.,Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
September 9, 2002
Mr. Mike Bennett
Bennett Builders
3996 Bennett Road /' AC
Morganton, North Carolina 28655 /3
Subject : Catawba Buffer Rules &
activities under
jurisdiction of_ the US
Army Corps of Engineers
Burke County
Dear Mr. Bennett :
In response to our conversation concerning a proposed residential
development on the Catawba River, the following information is provided:
Any disturbance in wetlands or construction in a stream would be
conducted under permit from the US Army Corps of Engineers with
certification from the Division of Water Quality. The enclosed
Pre-Construction Notification Application Form must be submitted
to both the Corps of Engineers and the Division of Water Quality.
Any required permit must be secured prior to beginning
construction.
The canoe launch would be exempt from the Catawba. Buffer Rules
provided it were constructed in accordance with the specifications
stated on pages 5 and 11 the enclosed portion of the North Carolina
Administrative Code in which the Catawba River buffer rules appear.
Removal of dead trees would be exempt from the buffer rules in
accordance with the specifics stated on page 14 of the enclosed
Catawba Buffer Rules (definition of "trees" , P. 2) .
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

i
Mr. Mike Bennett
Page 2
September _9,__20.02___
Stormwater drainage must be handled in accordance with the
requirements on pages 4 and 6 of the enclosed Catawba Buffer Rules .
Your attention to these matters is appreciated. Please contact me
at telephone number 828-251-6208 if there are questions .
'ncerely,
James R. Reid
Environmental Engineer
Xc: Tim Smith, USACE
59 Woodfin Place,Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

WA' 9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
i > i Alan W.Klimek,P.E.,Director
© 'F Division of Water Quality
August 13, 2002
DWQ #02-1083
CERTIFIED MAIL - RETURN RECEIPT REQUESTED Burke County
�v Q
Kanupp Properties, LLC l2 ACC '
5581 Mineral Springs Mountain Road
Connelly Springs,NC 28612
Dear Sirs: IaUI AUG I'
?002
On August 7, 2002 the Division of Water Quality (DWQ), was notified by receipt of your
application regarding your plan to fill wetland for the purpose of constructing Wxoad crossing for
Camp Creek Estates on SR 1804 in Burke County. Approval from DWQ is required to disturb these
areas. Please provide seven copies of the following information and refer to the DWQ# listed above
in your reply. In particular as described in 15A NCAC 2B .0502, we will require you to locate all
streams and ponds on the property. 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. The end of Camp Creek Drive contains a cul-de-sac very close to the"small branch"/stream.
Please provide additional information as to why the road cannot be moved further away.
Possibly combing the cul-de-sac of Blue Creek Street and Camp Creek Drive into a single
cul-de-sac. A preliminary review indicates that it may be possible to retain the same
number of lots with only using a single cul-de-sac that crosses the stream at more of a
perpendicular angle thereby reducing impacts to the stream.
2. Please provide information on how you intend to access lot 38. Specifically will any
impacts to the stream be required for a driveway?
Please telephone me at 919-733-1786 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 within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
incerel ,
orney
4 1 Water Qua i Certification Program
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
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)
919)733-1786(phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands

O�WArkFR Michael F.Easley,Governor
Ca Q William G.Ross Jr.,Secretary
0 North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
4 -t
Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
March 8, 2004
DWQ Project No. 04-0020
County: Burke
City of Morganton
Attn: Sally Sandy(.City Manager)
P.O. Box 3448
Morganton, NC 28680
Subject Property: Pedestrian Bridge across Catawba River, Freedom High School, Morganton, NC
Catawba River[03-08-31, 11-(32.7), WS-IV (water supply)]
APPROVAL of Catawba River Buffer Rule(15A NCAC 02B .0243) AUTHORIZATION CERTIFICATE
Dear Ms. Sandy:
You have our approval, in accordance with 15A NCAC 02B .0243 and any conditions listed below, to impact
approximately 0.18 acres of the protected riparian buffers for the purpose of constructing the 10-foot wide pedestrian
bridge across the Catawba River and greenway trail at the subject property as described within your application dated
January 28, 2004. 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, Non-discharge
and water supply regulations. 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 anew application. If the
property is sold,the new owner must be given a copy of this authorization and approval letter and is thereby responsible
for.complying with all conditions. For this approval to be valid, you must follow the conditions listed below.,,P*, .
Conditions: r_
1. 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).
2. Certificate of Completion - Upon completion of all work approved within this authorization, 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.
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. 150B. This Authorization Certificate shall expire five(5) years from the date of this letter.
This letter completes the review of the"No Practical Alternatives"determination under 15A NCAC 2B .0243. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps.of Engineers
(USACE) or NC Division of Water Quality(DWQ) if any impacts are proposed to either of these waters.
Sincerely,
ti
I limek, P.E.
NC DWQ, Director
CG: DWQi Asheville Regional Office
File Copy t
Central Office j,,;A(-iI .I MO y
bz 4dAiC17(1l1AlI'SY ,t t 11�i1
.4•i V 1 i.I�i.GIQ!',��tl_�i(!�t .._..
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/

i 0� 1NAT�`R IPA .—� Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�� QG 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
May 4, 2004
DWQ Project#: 04-0681
Burke County
I I
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS
Ricky D. Graham r� E C JOFF111
104 Peachtree Road DAsheville, NC 28803AY -Subject Property: Mallard Pointe,Phase 1, Lot# 12
ATER QUALIDear Mr. Graham: ASHEVILLE REG
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.005 acres of waters on Lake James for the purpose of
applying river rock to stabilize approximately 110 feet of shoreline, as described within your application
dated April 15, 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 (USAGE). 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
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 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. 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).
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)
Customer Service#: 1-877-623-6748

' Page 2
Mr. Graham
May 4, 2004
1 - Certificate-of-Completion---
Uponcompletion 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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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. 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 Dorneyat 9197733-96.46 or Bob Zarzecki at 919-733-9726.
Sincerely,
imek, P.E
D Q,Director
Attachments: Certificate of Completi
GC 3373
JRD/bs
cc: Duke Power Lake Management,PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon, Permits,Etc
DWQ#04-0681

I
a
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
j non-refundable application fee to the Division of Water Quality of $20 00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lak4t
p 4�
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit MAR
1650 Mail Service Center 40" 9 2004
Raleigh, NC 27699-1650
I. Applicant Information
1. Owner/Applicant Information
Name: Ddyi's !� GardhPr
Mailing Address: aai e I.n
N�hn N.0 a8`I(o
Telephone Number: Fax Number:
E-mail Address:
2, Agent Information (A signed and dated copy of the Agent Authorization letter
,must be attached if the Agent has signatory authority for the owner/applicant,)
Name: nC13KA1TQ,
Company Affiliation: guF HARMON
Mailing Address: P BOX 234
V E
NC 26017
MAGI 17 2004
lelephone Number:9U - . '0 Fax Number:'704 . 3._L� DD
mail Address: i'
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE ,
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

Oav s R, Gardner
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
q County: 1-r Nearest Town: Ntb
Subdivision name or site address (include phase/lot number); � 1 3�l
Directions to site please include road numbers, landmarks, etc. (This is of
necessary if an adequate vicinity map is included); FrOMW/
i �` D a
K. C51
2. Describe the existing land use o condition of the site at the time of this
application: PtCSidentia.l �a.K?, lof %A +h house, and 0, E,Sh bU-,
hcA
3. Property size (acres):
4. Nearest body of water(stream/river/sound/ocean/lake): Lat1e, e5
5. Describe the purpose of the proposed work: 66+al Ll ne- Q� d--
f r b l'
+M ► rep Ioxt, e, Bailin wood WcLJ 'I�abc�a�- n►�d
6. List the type of equipment to be used to construct the project:
hc�n � -E-ools
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: o1 ' X 1 A51
8. a. Amount of impact (including all clearing, back fill, excavation, rip.. rap,
retaining walls, etc,) above the normal 5 of lake level and�50 feet land-ward in.
square feet or acres: ,
b. Please describe vegetation above the normal pool lake level and 50 feet land-WiLLb
O v
ward to be impacted (number of trees for instance):
Per MA�
AAgent's Signature Date
�
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)

i
i
�av i 5 Gardner
Nebo, NC, 2g17c0I
Lake (Full Pond)
1
I
Full Pond
Shoreline I fvo+ in wid Fig; of block wa 1
Ri
/
�wct l 1
-
�}xx Ix
ff ff- ft
love-Pond
Is g'vv X 5U'long CvnSi', Path-
1:73 r Land vJo.rd
Do-v r 5 Gard h p-r
1401;d" Shore
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
on
3) location of rip rap or fill to be placed below the "Normal Poor 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 "Normal Pool"
elevation.
6) Location of construction access corridors.
[ 15,5 fee:l' i n O-nd
bock WO J( w i H be. appr6XI r �
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�

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SCC,c�e : � i nch Approx. 5b F�-. Ms
Shores /Lot 3�-
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ucleirrj bfoC:f� vt,ll, Q(,pcox.; n lure-i��
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Canadian authorities 0 Her Majesty the Queen in Right of Canada.0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.

D4V t 5 N . �arc�ne,r
To: North Carolina Division of Water Quality
I give Sue Harman of Permits, Etc, permission to sign as my agent on my
application for shoreline stabilization.
l� - ,� -----=-
Signature —� -
Date � �

�� 'r �i ��• , # t r '� w� �" � S
r �rtk p7 �
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ppw
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W �
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4��"��
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I (� WAJF MichaelF.Easley,Governor
�pG William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
UJ lam- Alan W.Klimek,P.E.,Director
=1 Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
March 10, 2004
DWQ Project#: 04-0315
Burke County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS
Mr. Rolf Basler
364 Portofino Drive
Punta Gorda,FL 33950
Subject Property: Lot# 194, South Pointe Subdivision
Dear Mr. Basler:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.0098 acres of I waters on Lake James for the purpose of
installing rip rap to stabilize approximately 214 feet of shoreline, as described within your application
dated March 1, 2004. After reviewing your application, we have decided,that the impacts are covered by
the N.C., Division of Water. (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 (USAGE). 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.s
regulations and permits. Also, this approval will expire when the accompanying 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 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. 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).
DE
N.C.Division of Water Quality,401 Wetlands Certification Unit,
u uL MA.R 17 2004 .�
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260_(Location)
WTE
AR QUALITY SECTION
[phone](phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands)
Customer Service#: 1-877-623-6748 ASHEVtLLE REGIONAL OFFICE

i
Page 2
Mr. Basler
March 10, 2004
�- ---2. 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. 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 Domey at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
imek,P. .,
Q,Directo
Attachments: Certificate of Comple i n
GC 3373
JRD/bs
cc: Duke Power Lake Management,PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon,Permits Etc.
DWQ#04-0315

t i <1 t J^l 0 8vt
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 �A
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 WETLANDS/401 CROUP
Raleigh,NC 27699-1650
JUN 3 p 2004
Applicant Information W TER QUALITY SECTION
I.
1. Owner/Applicant Information
Name:
Mailing Address: Ll 0(f=7
Telephone Number: 8',�.41 - (i-94, Fax Number:
E-mail Address: ►��i:�f�i �s��n►Vt -
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:
lI. 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
V E
D
J l)L 2 0 2004
WATER QUALITY SECTION --
ASHEVILLE REGIONAL OFFICE

I{
your project.Also,see the exunple 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. BO r Nearest Town: Uel�
Subdivision name or site address(include phawAot number):_ IY�►11 ?oa' ./ �,?�
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity ma is included): �{0 we,-�-
a
ch*6
2. Describe the existing land use or condition of the site the time of this
fI application: ' l-,
I
3. Property size(acres): s19
4. Nearest body of water(stream/rivedsound/ocean/lake): Lo..l '
chna. Ad
5. Describe the purpose of the proposed wotic n
C_O ns-FrLsc :�.n^ �) `jchR�lr act
6. List the type,of equipment to be used to construct the project:
r
7. Amount of impact(including all excavation, backfrll, rip rap, retaining walls,
etc.)below the normal pool lake level in square feet or acres: -
1
'e Ere
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: J
b.Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance): t' n
uric 'U O i. e- d
.3 5c t_ ll(ICU
_r�Vt�. t + u,Vil vat be_Y\w.c_e:.sf4 r
02 "qoe)
Appl' ant/Agent s Signature Date
(Agent's signature is valid only if an authorization letter from the app icant is provided.)
i

TJ�K \d,�X 06
Hcia 4r Zp Rap. beb-a Q11
-►o (2)e 6d duo 12 a2 ' .400 ��
Cl eJc���{� G1�4re� area, CpG� Q�►e �41
s �1�0n k4 •I/ E-x lCnJ frw T1.0. (�or►n of
4-o war3s CoVo. Ntb SAQ6 a_a\tm A cesSotY In c-0\1e . 'On1y �1c�{CI tnG
sec,-►�n ►�h s� n� tcc►�,�- On I rc��-�-�n w�I! Ise �4ii
Please approximately sketch the following information on this plan
(please provide dimensions for each hem, such as 10 IL x 100 ft):
1)All proposed vegetation doming(provide dimensions).
2)Location of rip rap or 91 to be placed above the FuM Pond elevation
3)Location of rip rap or fdi to be placed below the Fu®Pond elevation
4)The location of any proposed shuctures such as bWding% retaining
wallss docks, etc.
5)The location of any excavation or dredging below the Foil Pond
elevation.
B) Location of construction access corridors.

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i. 5' N Di 49' 51" W 22.74' 29 74' 11.�8' ii 56
04' a' 55" M., 173! ?7.Ksi' :.?E' 1 i3 ti �
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S ..- 45' 07" £ ±3 i E
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65 t34' 08' 06' E: ?0.G':,
_66 S 64' 08'-.06' E
67 N 5E' .''5' 2'" W {4.6`.'
L 68 N 58' ^S' W 301.071
?.69 S 84' 43' W 2,2.00' !
.70 N 45' 16' 19- IN 22.4"
1.71 N 72' 49' 01" W 16.44' /
1.72 S 67' 16' 4G' E 90.aQ,
73 N 67' .6' 40".W 89.97'
L74 'S 31' 2E 1' E .32.?8*
L.75 `s 76' ':4' 43" E :36.0
L 76 N O9' 05' 26" E 54.40'
1.77 N 11' ST 48` E SLOG'E'• :5'•.h' PRIVATE FOAo EASEM
:-78 N 18' 51' 53" E 63. '.' �•..--..__ _...::_. _ i
L 79 N 20' 43' 20' E 61.4L1' 2_
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L80 N 49' ON 04" E :11.31' I =iLQR
_81 N 59' 12' 46" E 31.56' i
L 82 N 68' 2 1N
4' 28" E >1.4t 4't t { .".M. I 1 r PER r
83 5 87' 59' 2:1" E 24 35'
L 84 S 89' 0T 18" E .B.E? MA>. ;--VALL E', :!+PEER i-
L 85 N 73' 24' 29" E 5.47' 1.5 L 6-ABC
L86 S 4W 00' 41' E 20.8 TYPICAL STREET SEC'
L87 S 73' IV 03" E 10.95
1_88 S.72' 49' 01" E 3.-0' N{ir to SCALE
i 89 S 52' 22' 38' W 14 94'
L91 s 39' 31' 15' E 11138' Building Setbacks aloe
L31 N 39' 31' 20' E 61 38' ' g g
92 N 75' 59' 15" W 75.011' 35' Private Road
L.93 N 89' 27' 12" E 65 00'
L94 S 22' 42' 52" W 77.97'
L95. S 89' 2:' 12" W 65.0u' I t rc:r t ':etPr7ck from
L96 N 51' 37,' 03" E 60.00, Rt��d `_�Js�i'1'16r;t.
t 97 N 23' 39' 41" W 64.46' i j' Sideline Se tba:1, from
L98 S 51' 37' 03" W 65.0n,
: 99 N 61' 57 45' E 85.00' In+e'.rii..6 Lc,'- Li!ies
L 100 S 20' 26' 34" E 75-66'
1.101 S 61' 57' 45" W 75.00' W.Aerfrc:n, Setback — '✓]ries
102 N 69' 39' 4"' W 720G (See ;r1fr�rr �t _:1� �n a ch lot,
103 S 20' 20' 1'1 W 105.00'
L 104 N 00' 26' 38" IN 78.'%'
L 105 S 89' 33' 22"_W 52.2",'
L 106 S b0' 26' 38" E. 100.0t:,
L107 S 33' 43. 43" w 62:5H Building Setbacks along
108 N 36' 02' 05" E 100.00, 50' Public Road
L 109 N 13' 16' 55" w :2 53 :
110 S 36' 0 '' 35" W 100 00'
i 11 i N 26' 26' 11' E 115.00' 30 F-ont :�etbeck from
112 N 16 W 70.81' f1 �3d i'igh* of Way.
113 r. 21s' ^6' 1 t w .vS.Gv' , S dMine S tbc•.k fr':}m
i.114 N 26' :.o' 11" E 68.
115 N 63' 3,7 49" W 10.06' lr:term.:: !cat i_:ries
(a L 116 S 26' 26' 11" W 0 00,
117 N 26' 26' 11" E 'O.OG' WJter,rc-rit Setuie::.i-. — 'varies
G L 1 18 N e3- 06' 13' w %6.43' (:: e i>forr-lati-r1 on each lot'
ri 219 • 26' 26' 11' W ::5.Ga)' Note:
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O WATF 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
p Division of Water Quality
y � 004E 0 E
DWQ Project#04-1070
2�04 Burke County
J U L 2 0 Page 1 of 3
Julie Kuhn
4047 First Court WATER QUALITY SECTION
ASHIEVILLE_REGIONAL OFFICE
Morganton,NC 28655
Subject Property: Mallard Point subdivision,Lot#13,2361 Lake Forest Cove on Lake James
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Kuhn:
You have our approval,in accordance with the attached conditions and those listed below,to place fill
within or otherwise impact 0.012 acres of waters, 540 square,feet of buffers and 90 feet of shoreline for
the purpose of installing rip rap at the subject property, as described within your application dated June
26,2004 and received by the N.C. Division of Water Quality(PWQ) on June 30,2004. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3373 (GC3373). The Certification(s)allows you to u'se General Permit Number 198200030
when issued by the US Army Corps of Engineers(USAGE). 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 Non-discharge regulations. 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 is thereby responsible for
complying with all conditions. If total fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional 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 Wetland Permit)are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Shoreline 90 (feet)
Waters 0.012 (acres)
Buffers 540 (square ft.)
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/nowetlands)
Customer Service#: 1-877-623-6748

Julie Kuhn
Page 2 of 3
.{ Julie Kuhn
- -- 2. Er6sian-&Sediment Control Practices-
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed,the requirements specified in the most
recent version of the North Carolina Sediment and•Erosion Control Manual. The devices
shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites,the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in'vetlands,waters,or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities,including the design,installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment&Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. 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.
6. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Quality under the Catawba River Basin: Protection and
Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct

Julie Kuhn
Page 3 of 3
Julie Kuhn
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
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, 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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500.
#a .
,
Klime ,P.E.
AWK/bs
Enclosures: GC 3373
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 04-1070 Julie Kuhn(Burke)401

kx
Triage Check List 'V
Date: S U Project Name: c c e A- C" Lc"z1k
DWQ#: CH -C> Z 3 2
County: vV
To: ARO NE1���� ❑ WaRO Tom Steffens
❑ FRO Ken Averitte ❑ WiRO Noelle Lutheran
❑ MRO Alan Johnson ❑ WSRO Daryl Lamb
❑ RRO Steve Mitchell
From: i Telephone : (919) 5GZ_
The file attached is being forwarded to your for your evaluation.
/ Please call if you need assistance.
E 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: - Q �SC_
u e

i
. .
__
- - -
1

i
[USA
ffice Use Only: Ponn Version May 2002
CE Action ID No, DWQ No.
040739
'
(If any particular item is not applicable to this project,please enter"Not Applicable"or"N/A".)
I. Processing
1. Check all of the approval(s)requested for this project:
EJ Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑2Section 10 Permit ❑ Isolated Wetland Permit from DWQ
_ 401 Water Quality Certification
2. Nationwide, Regional or General Permit kumber(s) Requested: J(- - 3`� ` 1 Dvt, A
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ❑
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is witlun a North Carolina Division of Coastal Management Area of
Environmental Concern(see the top of page 2 for further details), check here: ❑
II. Applicant Informations
1. Owner/Applicant Information
Name:— ( i� .e r., ;_ �r f to€ !'°..: \ear r ( _l l �f`r r' WETLANDS/401 GkOUI
Mailing Address c,f=`k � � ;t:
.. , LI VY SEC; ION
Telephone Number:_ `"(Vf' Fax Number:
E-mail Address:
2. Agent/Consultant 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: P
Mailing Address: WETLANDS
AN Y T 2004
ER OUMU
Telephone Number: WATER QUAffff J
E-mail Address:
Page 5 of 12

I
i

III. Project Information
Attach a vicinity xnap 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.. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be inforined that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 6 0 �4- y F_ebPe_12A_
2. T.I.P. Project Number or State Project Number(NCDOT Only):
3. Property Tdentification Number(Tax PIN):
4. Location
County: Nearest Town:_
Subdivision name(include phase/lot number):
Directions to site(include road numbers,landmarks, etc.):
b un-4-, � f s,th
Ae- c�n -�; 13 ;�
5. Site coordinates, if available(UTM or Lat/Long): Hy
(Note—If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
7. Nearest body of water(stream/river/sound/ocean/lake):2A 4A�j A
8. River Basin:_ 414 4,4- plvoelel
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maDS/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: / ,C>n
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
tsU �/2`�" S 1�l2 t°A vr1 oa r `f 11 �4G/�
11. Ex lain the purpose of the proposed work: 2e_-
— w1a '
lAe-
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
_ } aA-
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
W` `7T--��l tC (�AIf 4.�•+--~4-{�.�� if-�'T'��.>_� 4 to t 5 _ � � , 1 �
��
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description,please attach a separate sheet.
Page 7 of 12

1. Provide a written description of the proposed impacts: e1
r
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-yearFloodplain** Nearest Stream Type of Wetland***
(indicate on ma ) (acres) (yes/no) (linear feet)
* List each impact separately and identify temporary impacts.Impacts include,but are not limited to:mechanized clearing,grading,fill,
excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,or
online at http://www.fema-gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay,bog,etc.) Indicate if wetland is isolated(determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: ,»ttn;s`i^i
Total area of wetland impact proposed: Q
3. Individually list all intermittent and perennial stream impacts below:
r
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma ) (linear feet) Before Im act (pleases eci. )
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding),relocation(include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT(unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. . Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com.
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet)to all streams on site:
Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Type of Waterbod
Site Number Type of Impact* Impact Name of Waterbody Y
(indicate on ma ) (if applicable) (lake,pond,estuary,sound,
(acres) bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in(check all that apply): ❑uplands El stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Q r;�•�. ...
Proposed use or purpose.of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed durin construction to reduce imp cts.
if A-
~i
VIII. _ Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or.equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values,preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h26.enr.state nc us/ncwetlands/stem ide htin].
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation, may also be made by payment into the North Carolina Wetlands Restoration
Program (NC)VRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation.prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ❑ No
If yes, does the project require preparation of an environmental document u
requirements of the National or North Carolina Environmental PolicyAct pursuant to the
(NEPA/SEPA)?
Note: If you are not sure ether a NEPA/SEPA document is required, call the SEPA
coordinator at(919) 733-5083 o review current thresholds for enviroiunental documentation.
Yes ❑ No
If yes, has the document review been finalized by the State Clearinghouse? If so;please attach a
copy of the NEPA or SEPA f al approval letter.
Yes ❑ No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other(please identify
Yes ❑ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multi leer Required
(s uare feet) p Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

• + t + v
If buffer mitigation is required,please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration/Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater(required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property. o t)
4-
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)
of
wastewater generated from the proposed project, or available capacity of the subject facility.
J_ i'
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2I-I.0500) or any Buffer Rules?
Yes ❑ No f`
Is this an after-the-fact permit-application?
Yes ❑ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
--------------
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant its provided.)
Page 12 of 12

13tirke Co., NC -- Printable Mal) Rage 1 of 1
Burke Co., NC
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Parcels
Record No.: 14599 Map: 97 Page: 80 Blk. Lot: 2 1
PIN: 273208893033 Deed Reference: Bk. 762 Pg. 131
Parcel Address:2855 FLAT GAP RD Land Area: 1.19 acres
Parcel Owner: Assessed Value:$25,671
COOK JACKIE R& FARR TONYA G Building Value: $15,229
P o Box 994 Land Value: $9,442
DREXEL NC 28619 Other Value: $1,000
DISCLAIMER: The information contained on this page is NOT to be construed or used as a"legal description". Mt
information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported tc
Burke County Geographic Information Systems Division of the Office of Information Technology. In no event will Bu
County be liable for any damages, including loss of data, lost profits, business interruption, loss of business informati
other pecuniary loss that might arise from the use of this map or the information it contains.
http://www.webgis.net Anderson&Associates,Inc. http://www.andassoc.com
http://arcims2.webgis.net/ne/bttrke/printable.asp?process=idl&x2=1238350.25&y2=7290... 12/30/2003

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® forth Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM E C E
TO: Amanda Jones,Permit Coordinator V l5
Asheville Office,U.S. Army Corps of Engineers M AY 14 2004
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program WATER QUALITY SEC'RON
ASHEVILLE REGIONAL OFFICE
DATE: May 1.2,2004
SUBJECT: Review of 404 Application,Tonia and Jackie Cook, Unnamed Tributary Catawba
River,Burke County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission(NCWRC)to obtain a 404 permit from the U.S. Army Corps of
Engineers. The NC WRC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. These comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C.466 et. seq.)
and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C.661-667d).
Impacts are proposed for 100 feet of 24"culvert to"reclaim"yard due to wash out
conditions associated with stormwater. The package did not include sufficient maps of the
general area. We have not been able to do a site visit and no photographs were provided with the
application package. If the stream is perennial or important intermittent stream,we prefer a more
natural approach using native riparian vegetation for restoration and erosion controls. Naturally
vegetated streamside zones (riparian areas)provide multiple environmental and wildlife benefits,
including improved water quality and small animal habitats.
Based on the information provided by the applicant and our knowledge of the general
area,we do not believe this project will cause significant impacts. Accordingly, we will not
object to the project providing bioengineering alternatives are evaluated prior to issuance of
necessary 404 permits. If bioengineering alternatives are not practicable,culverts may be
acceptable.
We recommend the following conditions(not prioritized)for the project:
1. If culverts are permitted, culverts 48 inches diameter or larger should be buried a foot
into the streambed. Culverts less than 48 inches diameter should be buried to a depth
equal to or greater than 20%their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. Culverts must be adequately
,... .n v 9 T` fT t t r• i .. .. -in+ a.c_a P.,._.:_.,f`.,_..,...o h..1.,:,.L, ATf")7LQQ 1711

Tonia And Jackie Cook 2 May 12, 2004
sized to provide necessary base flow and storm water passage. No freefalling or
damming should occur on either end of the culvert. Natural stream dimensions
should be retained above and below the culvert. Any riprap used must not interfere
with aquatic life passage.
2. Additional and/or cumulative impacts should be avoided in the future.
3. If bioengineering is used,disturbed streambanks should be restored to pre existing
conditions. Streambanks can be revegetated with silky dogwood, rhododendron,dog
hobble, red maple,silky willow,tag alder,black willow, sycamore, or other native
woody species to provide long term bank stability and stream shading. Note that
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted and done
on 4 foot centers from the waters edge to the top of the bank.Trees should be planted
on 10-12 fobt centers. Stream banks in these areas should also be seeded with an
approved wetland seed mix or temporary crop of wheat or rye.
4. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion.
5. If concrete will be used, work must be accomplished so that wet concrete does not
contact stream water. This will lessen the chance of altering the stream's water
chemistry and causing a fish kill.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments,please contact me at 336/769-9453.
Cc: Kevin Barnett, l3WQ-ARO

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
0 Or REGION REGION 4
Sam Nunn Atlanta.Federal Center
61 Forsyth Street,S.W. n
Atlanta,Georgia 30303-8960
Mr. Tim Smith SEP 2 4 2W
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue,Room 208 5{P
Asheville, North Carolina 28801
SUBJ: Record Properties and City of Hickory
Burke County,NC
Dear Mr. Smith:
This letter is in reference to the proposed Record Properties and City of Hickory project in
Burke County,NC. The project is currently at the preapplication phase. As currently designed, the
project will impact approximately 3700 linear feet of unnamed tributaries (both perennial and
intermittent)to the Catawba River. In EPA's August 2, 2002 letter we outlined our comments on the
Watershed Assessment and Stream Condition report(May 24, 2002)prepared by E'nV
Environmental Consulting Services Inc. This letter provides further project comments/suggestions,
based on the September 10, 2002'onsite meeting we attended with you and the project consultants.
We have the following additional comments to those contained in our earlier correspondence:
• We would like to reemphasize that all"practicable"upland stormwater treatment alternatives
should be investigated and implemented before waters of the US are used for this purpose.
Alternatives should be thoroughly discussed in the permit application package and the
rationale given for rejection or acceptance of the alternatives. The applicant should keep in
mind, that higher cost alternatives can still be"practicable".
• EPA would like to be informed as to whether the Hickory Municipal Airport has an NPDES
industrial storm water permit and whether they are in compliance with that permit.
• . As we discussed at the onsite meeting, if the project applicant chooses to revise the project
plans from the construction of instream treatment ponds to the construction of an amenity
pond,we will be reviewing the Public Notice for the amenity pond to ensure its compliance
with the 404(b)(1) guidelines (unless the impact is minimized so as to be covered by a
nationwide permit). We would like to emphasize that to be considered an amenity pond,
upland Best Management Practices (BMPs)must be implemented to meet the State's water
supply watershed storm water runoff requirements-BEFORE water reaches the amenity pond.
• We would also like to further explore with you the issue of how to determine stream impacts
due to inundation. We understand, from the discussion at the meeting and further follow-up
correspondence,that Wilmington District is interpreting a Federal Register citation to mean

2
that impacts due to flooding of a stream bed should be determined on an acreage basis rather
as linear footage. The citation(FR January 15, 2002,Issuance of Nationwide Permits,page
2094)for the definition of loss of waters states "The loss of stream bed includes the linear feet
of stream bed that is filled or excavated."We do not necessarily agree that the intent of this
citation to be that flooding impacts should be determined as acreage rather than linear footage,
although we understand how this interpretation could be made. It seems, if this was the
intent, it would have been spelled out more clearly that flooding impacts would be evaluated
as acreage rather than linear feet. An informal poll of other EPA Region 4 Wetland
Regulatory Section staff indicate they have not encountered this interpretation of streambed
impact assessment, due to flooding, in their USACE Districts.
We believe this is an important issue, since using an acreage basis allows relatively large
ponds/lakes to be permitted by the NWP process rather than as an Individual Permit and
makes it more difficult to determine stream impact mitigation requirements.Although the
Wilmington District Regional Conditions state that NWPs may not be used for activities that
result in the cumulative loss or degradation of greater than 300 total linear feet of perennial or
intermittent streambed,they do not define"loss or degradation of streambed". It is our
interpretation that flooding impacts of greater than 300 linear feet should be processed as an
Individual Permit and if this applicant chooses to propose an amenity pond, the linear footage
of flooding and fill should be less than 300 linear feet.to be permitted as a NWP. We feel
this is an important issue that needs to be further researched and discussed. We will be happy
to participate in any interagency discussions to attempt to resolve this policy issue.
We suggest the applicant consider the following alternatives in the alternatives analysis:
• Since the need to treat stormwater at the site is partially driven by the need to treat runoff from
existing offsite sources, the applicant should investigate ways to reduce runoff from the
Municipal Airport, the stadium,the roadway and the Pepsi construction site. We noticed
several sites at the airport and the stadium that could potentially be retrofit with some type of
BMPs.
• We suggest the applicant investigate several design changes at the Pepsi site to allow for small
or passive BMPs for the parking lot and rooftop runoff to help reduce runoff from the site.
Some suggestions include grassed perimeter parking and swales in the old water lines areas.
• The existing sediment pond should be redesigned to hold the new flows from the Pepsi site
and the flows from the stadium and the roadway that remain after implementation of upland
BMPs. The pond redesign will likely result in increased stream impacts due to an enlarged
impoundment area.
• The proposed development should be designed with upland BMPs to control the 1-inch
stormwater runoff from impervious surfaces and the removal of 85 % of Total Suspended
Solids (TSS)in accordance with the State requirement. This could be accomplished by
installing BMPs for the entire site during the development stage or by deed restrictions when
the individual parcels are sold. The roads should be designed with sufficient BMPs to control
-their runoff.

i
3
• If there is still uncontrolled runoff that discharges to Stream 1, a pond would be acceptable in
this waterway, as long as it is as far upstream as possible.
On the recent site visit,we observed failure of the erosion and sediment control measures
which resulted in significant sediment input into Stream 2. We were informed the failure was the
result of a recent 3.2 inch 24 hour storm event. The NC erosion and sediment control rules (Title
15A, subchapter 4B)require controls to be planned, designed and constructed to provide protection
from runoff from.the.10 year storm. According to the state stormwater isograms, the 3.2 inch event
falls well below the 10 year storm for this area. This appears to be a violation of both the 404 and
401 erosion and sediment control and stormwater management NWP conditions. We have notified
the 402 enforcement program at EPA Region 4 and also suggest the NC Division of Land Quality be
notified concerning this issue.
EPA appreciates the opportunity to comment on this project.We believe it is important to
give the applicants input early in the application process and appreciate the USACE efforts in this
regard. If you have any questions regarding these comments,please contact Becky Fox of my staff at
828-497-3531 or [e-mail].
Sincerely,
RoJJ. uIak Chief
Weory Section
cc list: See Attached

cc List
cc: Mr. Brian P. Cole
State Supervisor
US Fish and Wildlife Service
160 Zillicoa Street
Asheville,NC 28801
Mr. John Dorney
Wetland/401 Unit Supervisor
NC Department of Environment and Natural Resources
Division of Water Quality
1621 Mail Service Center
Raleigh,NC 27699-1621
Mr. Jim Reid
NC Department of Environment and Natural Resources
Division of Water Quality, Asheville Regional Office
59 Woodfin Place
.Asheville,NC 28801
Mr. Ron Linville
NC Wildlife Resources Commission
3855 Idlewild Road
Kernersville, NC 27284
Maryann Gerber
Region 4 Erosion and Sediment Control Specialist
Water Management Division
USEPA Region 4
Atlanta, GA

pF W A rF,4
M+ p Michael F.Easley
0 Governor
r William G.Ross,Jr.,Secretary
O Department of Environment and Natural Resources
Gregory J.Thorpe, Ph.D.
Division of Water Quality
M�� r March 22,2002
O(�? ti DWQ#02-0366
Troy Offe Burke County
109-B Stoney Placed
Morganton, NC,28655
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. Offe:
You have our approval, in accordance with the attached conditions,to place fill in 0.002 acre of waters in order to stabilize the
shoreline and construct a pier on your property on Lake James in Burke County,as you described in your application received by the
Division of Water Quality on March 8,2002. After reviewing your application,we have decided that this fill is covered by General Water
Quality Certification Number 3373,which can be viewed on our web site at htto:Hh2o.enr.state.nc.us/ncwetlands . This Certification
allows you to use Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba
River Mainstem and Lake Buffer Protection Rule(15A NCAC 2B .0243). In addition,you should get any other federal,state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 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 total wetland
fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed
below:
1. This project is for the installation of a rip-rap bulkhead to prevent further erosion of the property due to wave action. The use of
mechanical equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site,but steps must be taken to keep all equipment out of
the reservoir;
3. No trees greater than 6 inches diameter at the stump may be removed except for those directly within the construction corridor.
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 which conforms to Chapter 150E of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,N.C.276 1 1-7447. 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 Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919-733-9721.
Sinc ely,
V^
J.Thorpe, h.D.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
020366
North Carolina Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
,A 2321 Crabtree Blvd., Raleigh,NC 27604-2260(Location)
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tCT Y
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r LI7Y SECTION A
� R d
, �• �: ' �ILLE REGIONAL OFFICE
® North Cai°olm' a Wdlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: Amanda Jones, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: March 31, 2004
SUBJECT: Review of 404 Permit Applications—Lake James, Burke County
William F.Cote,Lot 161,Phase II, Southpointe Subdivision
Stan Whittington, Lot 1.1, Phase 11, East Shores Subdivision
Ricky Graham,Lot 12,Mallard Pointe Subdivision
The applicants are requesting letters of concurrence from the North Carolina Wildlife
Resources Commission(NCWRC)to obtain a 404 permit from the U.S.Army Corps of
Engineers. The NCWRC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. These comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.)
and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C. 661-667d).
The applicants are proposing various rock stabilization approvals to stabilize shorelines
on Lake James. Mr. Bob Brown, biologist visited the sites on May 14,2004 and provided the
following information:
• William F. Cote,Lot 161,Phase 11, Southpointe Subdivision—Site is located in a cove
with one to three foot vertical banks and no Large Woody Debris(LWD)present.
• Stan Whittington, Lot 11, Phase 11,East Shores Subdivision—Site is located on a point
on the main lake with eight to fourteen foot vertical banks with excellent LWD.
• Ricky Graham,Lot 12,Mallard Pointe Subdivision—Site is located in a cove with four to
six foot vertical banks with no LWD. Applicant proposes to use river rock,
Mr. Brown indicates that riprap installation should be accomplished from the lake to protect
undisturbed buffers whenever practicable.
Mailinv Addresv D;v;.vinn of Tnland F1gkPriPC ® 1791 M-ad fasvirP�P��rnr 12 olPuth 1�T(''l 7l.Un_'I l71

Cote, Whittington, Graham 2 May 17, 2004
Stabilization Requests,
Lake James,Burke County
Based on the information provided by the applicants and our knowledge of the project
areas, we will not object to the projects provided that the following general conditions are
followed to the extent practicable:
1. Where stabilization is necessary,minimum class I(class II preferred)riprap or
rock should be used as this size rock improves aquatic habitat. Fabric matting
may be used beneath the stone to reduce erosion and turbidity. To the extent
practicable, rock or stone should be placed just above the high water mark and
towards the lake five to six(5-6)feet or further to provide continuous aquatic
edge habitat. Generally,we do not support the use of river rock as instream
mining causes secondary impacts to aquatic ecosystems.
2. Any Large Woody Debris(LWD)present should be maintained to the maximum
extent practicable to provide aquatic habitat. If relocated and/or as necessary,the
LWD must be securely anchored so that it will remain in place.
3. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Temporary or permanent herbaceous
vegetation should be planted on all bare soil within ten(10)days of ground
disturbing activities to provide long-term erosion control.
4. Disturbed banks may be revegetated with silky dogwood(Corpus amonum),
silky willow(Salix sericea),tag alder(Alnus serrulata), black willow(Salix
nWa),and sycamore(Platanus occidentalls)or other native plants to provide
long term bank stability and stream shading. Note that silky dogwood,silky
willow and black willow can be planted as live stakes collected during the
dormant growing season. Cuttings should be randomly planted and done on,four
(4)foot centers from the waters edge to the top of the bank. Trees should be
planted on ten to twelve(10-12)foot centers. Banks in these areas should also
be seeded with an approved wetland seed mix or temporary crop of wheat or rye.
5. Wide undisturbed shoreline buffers and natural vegetation should be maintained
to the extent practicable.
6. The applicant should contact the NC Division of Water Quality and local
planning authorities to determine if a 401 Certification or local permits are
needed for the project and for any buffer infringements or impacts.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Cc: Kevin Barnett, DWQ-Asheville

401 MU
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 j
or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit 0 4 09 0 3 WETI.ANDS1401 GROUP
1650 Mail Service Center
Raleigh, NC 27699-1650 JUN 0 4 2004
I. Applicant Information WATER QUAL17Y SECTION
1. Owner/Applicant Information
Name: MALLARD POINTE OWNER'S ASSOCIATION 0
Mailing Address: —2409 LAKE FOREST COVE m D
NEBO, NC 28761 m o
ATTN: BRUCE WHIPPLE m v
Telephone Number: —828-584-6259 Fax Number: z(nn
E-mail Address: °A (pal
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m C�
2. Agent Information (A signed and dated copy of the Agent Authorization letter must
if the Agent has signatory authority for the owner/applicant.)
Name: SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: P.O. BOX 234, BOILING SPRINGS, NC 28017
Telephone Number: —704-434-0706 Fax Number: _704-434-7100
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.
z

*1 land Pointe Owners /4sseu ati a
1. Location
County: BURKE Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): 2391 LAKE FOREST COVE,
NEBO, NC 28761 (MALLARD POINTE/LOT#10)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST/LEFT ON BENFIELD
LANDING RD/LEFT ON LAKE FOREST COVE TO LOT #10
2. Describe the existing land use or condition of the site at the time of this application: THIS IS A
VACANT, WOODED LOT WITH A PATHWAY GOING DOWN THE CENTER OF THE LOWER
PORTION, WITH SOME GRASS. THIS LOT IS THE BOAT ACCESS AREA FOR MALLARD
POINTE.
3. Property size(acres); _0.22 ACRES
4. Nearest body of water(stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE THE SHORELINE AND
PREVENT EROSION BY APPLYING RIP-RAP TO APPROXIMATELY 80 FEET OF THE
LENGTH OF THE SHORELINE. THE RIP-RAP WILL BE APPROXIMATELY 6 FEET IN
HEIGHT.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.)below the
normal pool lake level in square feet or acres; 2 FT. X 80 FT. = 160 SQ. FT.
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:
NONE. A BARGE WILL BE USED.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
411p, �61mtml. ffixoml Poilnit). Ok,, //A P,
Appli ant/Agent's Signature Dat
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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' I�ot,llard Poirti� pwnP,r3 A�
eciation
To: North Carolina Division of Water Quality
I give Sue Harmon of Permits, Etc. permission to sign as my agent on my
application for shoreline stabilization.
i i
S gnature
Date

WA , n Michael F.Easley,Governor
William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
`.,.._Alan WSKIi ek,P.E.Director
II_Di 's'a of Water Quality
October 14, 20
r
DVYQ 0 t#04-1651
c3 rke County
Thomas S. Coffey
123 Morehead Street wA�cat ca ua t._rry SECTION
I
A5'rIEVILIJ RFGIOt A orrlGE' .e
Morganton,NC 28655
Subject Property: Southe Pointe,Phase 1,Lot#110,5072 Whiterock Lane,Morganton
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coffey:
You have our approval,in accordance with the attached conditions and those listed below,to place fill
within or otherwise impact 0.005 acres of waters for the purpose of installing rip rap to stabilize 113 feet
of shoreline at the subject property, as described within your application dated October 7,2004 and
received by the N.C.Division of Water Quality(DWQ)on October 12, 2004. After reviewing your
application,we have decided that the impacts are covered by General Water Quality Certification
Number(s)3373 (GC3373). The Certification(s)allows you to\use General Permit Number 198200030
when issued by the US Army Corps of Engineers (USACE). In 4ddition,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 Non-discharge regulations. 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 is thereby responsible for
complying with all conditions. If total fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A
NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached
certification and any additional 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 Wetland Permit)are met. No other impacts are
approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Shoreline 113 (feet)
Waters 0.005 (acres)
One
401 Wetlands Certification Unit Natura��lf
--1650 Mail Service Center Raleigh North Carolina 27699.1650 -- -- - - - - -- -- - - -
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

i
Thomas S.Coffey
Page 2 of 3
October 14,2004
2. Erosion&Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design,installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal,or exceed,the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites,the erosion and sediment control measures must be designed,installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids,or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur'in Wetlands,waters,or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
_ activities,including the design,installation,operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment&Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification,shall expire upon
expiration of the 404 or CAMA Permit.
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,6714 Mail Service Center,

Thomas S.Coffey
Page 3 of 3
October 14,2004
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
�r
Alan W. Klimek,P.E.
AWK/bs
Enclosures: GC 3373
Certificate of Completion
cc: Sue Harmon,Permits Etc.
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office; �.
File Copy
Central Files
Filename: 04-1651 Thomas Coffey.(Burke)401

OF W A T,�94 Michael F.Easley
G Governor
7: William G.Ross,Jr.,Secretary
Department of Environment and Natural Resources
Gregory J.Thorpe,Ph.D.
aw Division of Water Quality
January 9, 2002
DWQ#01-1900
Burke County
Alexandra Ong
812 Chester Road
Winston-Salem, NC, 27104
APPROVAL of 401.Water Quality Certification and Catawba River Buffer Rules
Dear Ms. Ong:
You have our approval, in accordance with the attached conditions, to place fill in 0.01 acre of waters and to clear(and
restore) 1060 square feet of forested buffers in order to stabilize the shoreline on your property on Lake James in Burke
County, as you described in your application received by the Division of Water Quality on December 31,2001. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3280,
which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands This Certification allows you to use Regional
Permit Number 198200030 when the Corps of Engineers issues it. . This approval is also valid for the Catawba River
Mainstem and Lake Buffer Protection Rule(15A NCAC 2B .0243)ln addition,you should get any other federal,state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 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 total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification.
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 which conforms to
Chapter 150E 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.
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 Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly at 919-
733-9721.
incoely,
U,
regPh. .
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
'Asheville DWQ Regional Office
Central Files
File Copy
Sue Harmon, Permits, Etc., P.O. Box 234, Boiling Springs, NC,28017
011900
North Carolina 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)
�1 nIn�00 4�00/.J.... % nIn�00 00n0 1;. % L.w...n1+n........J..­........1........Jn..d..

AE,WL)&
HCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
April 15, 2004
Jonathan R. Wise
Project Manager
Duke Power
526 South Church Street
Charlotte,NC 28202-1802
Subject: Project: Paddy Creek Dam embankment-extension
County: Burke
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program(NCEEP) is willing to
accept payment for stream and riparian wetlands impacts associated with the subject project. Please note that the decision
by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by
the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of
the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame,this acceptance will expire.
Based on the information supplied by you in a letter dated April 6, 2004, the stream and wetlands restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream Wetlands Riparian Wetlands Non- Riparian Buffer
(linear feet) (acres) Riparian(acres) (sq. ft.)
Impact 650 2.9
Mitigation Max 1300 5.8
The stream and riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03050101 of the Catawba River
Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information,please contact Carol Shaw at(919) 733-5208.
Sincerely,
Zonald E. Ferre ,
Director of Operations
cc: Cyndi Karoly,Wetlands/401 Unit ---a
Amanda Jones, USACOE-Asheville D
Kevin Barnett, DENR Regional Office-Asheville (�
File � APR 2 6
NC DENR Ecosystem Enhancement Program One
1619 Mail Service Center, Raleigh, North_Carolina 27699-1619 -___ _ __wATcr# ON
Phone: [phone] FAX: [phone] Internet, h2o.enr.state.nc.us/wr la/ asH�Ly �t

401 11 S I ,
The following Is an abbreviated application form for those applying for a 401 Water
Quality Certification to Impact FERC OPederal 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.
eApplications should be seat to:
y
'So�h Orhe
Division of Water Quality Wetlands Unit
2321 &66-�e f_ Q u dl.
Raleigh,NC 2"19=
A77609 —Z'z60 },
OCT - 6 2003
I. Applicant Information � �
1. Owner/Applicant Information
Name: M A i- C
Mailing Address:S 9 C�I l�d)�.s f . e �v 5-t
` Telephone Number:70.E 9 2-1--647 7 Fax Number: 7D 3 b `fib -9 6.;2-
a_ E-mail Address: r -\aL t v, i o c,,"n !Go k. ►n e,+
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:
`)C Company Affiliation:
Mailing Address:
Telephone Number: Fax Number.-
E-mail Address:
11L 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: B�Y Co a,�r.�y Nearest Town: (,>r(I aYJO n
Subdivision name or site address(include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not t-oT
necessary if an adequate vicinity map is included):
From Interstate I40 take exit 100 and go north. Turn left onto Highway 126. Go —
approximately 8 miles. Turn left into SouthPointe Entrance. Turn left onto Pembroke,—
right onto Braxton Gate to end of cul de sac.
2. Describe the existing land use or condition of_the site at the time of this
application:_ Unimproved lot 193,Phase III of SouthPointe wiih badf} undercut shoreline—
on the main channel. Bank height at highest point is approximately 7 feet above`th6
bottom of Lake James. We plan to minimize erosion with construction of a keystone
wall.
3. Property size(acres): . 9 6 o.cA-e,
4. Nearest body of water(stream/river/sound/ocean/lake):
5. Describe the purpose of the proposed work:
Stabilize shoreline and prevent future erosion of-our lot into Lake James.
6. List the type of equipment to be used to construct the project: t
7. Amount of impact (including all excavation, backfill; rip rape.riuin¢ walls,
The keystone ,pw lhelo ►'the nnrn,ak_nol lake level in square feet or acres: Shoreline is 352 feet in length
Y vz&U wguila;be aDDroximately 300 feet m length from the farthest most point of our lot_along the main
channel to a'stone outcropping in the cove. We would need to disturb a 6-foot strip along the shoreline in order to tan, I�
geogrid and backfill
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-w d in
square feet or acres: r��,�rekiw.acf'ge 6 Eoot S+1-1 Q o f 1-and b,,6, .
LOO -P6n_ u6aiiri ihS+a1(oi;oh
b. Please describe vegetation above the normal pool lake level and 56 feet land-
ward_.to.be imvas�tcdd(number.of trees for instance): Burke County counted 65 trees(6 inch
diameter or greater)in the 50 foot buffer from the shoreline landward._one of those trees has fallen into the crotc�
another tree and is support d by that tree anc, o other trees are leaning towafds the lake
c.1 ,
Ap licant/Ag nt's Signature TSafe°
gents signature is valid only if an authorization letter from the applicant is provided.)

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Please approximat*sketch the following iriorTnation on this plan
(please provide dkoenslons for each item, such as fg ft. x 100 ft):
1) AN proposed vegetation clewing(provide dimenelone)
.2)Laci dlon of rip rap or fill to be.placed above the F'ug Pond elevation
3)Location of rip rap or fill to be placed below the Ful Pond elevation
The location of any proposed structme such as buildings, retaining
walso'docks, etc.
6) The location of any excavation or dridging below the Full Fond
elevation.
g)Location of(construction access corridors.

Impact Description— Lake James North Carolina
Our lakefront lot is .96 acre. It is shaped like a fan. The fan handle is a strip of land 35
feet wide and 100 feet long to be the driveway from the cul-de-sac to the main pie shaped
part of the lot. The lot has a natural gradual slope which won't require grading for
equipment to drive from the cul-de-sac to the lake bottom via trail through the designated
pier zone.
Our lot deposits approximately 1,000 cubic feet of dirt and clay into Lake James annually
through natural bank erosion caused by wave action during high water periods of the
year. The lakeshore on the left side of our lot consists of a seven foot undercut dirt and
clay bank. The top of the bank is approximately two feet above the full pond level of 100
feet. The bottom of the bank is approximately one foot above the target low water level
of 94 feet. The left side of our lot is on the main lake channel with regular boat traffic.
The right side of our lot is on a cove. The cove most part of our lot has the least erosion
and we plan to leave it natural.
Keystone wall installation must be done during a period when the lake is at its lowest
level. A keystone wall requires dry gravel footer as part of installation. When the lake
level is low, our lot has 5 — 10 feet of exposed lake bottom that could be used as a
construction access area. It will be easy to access the staging area from the street and
easy to access the exposed lake bottom from the staging area without grading because our
lot has a gradual slope. Whether the installation is done from the beach or from a barge
approximately a 6-foot strip of shoreline must be impacted in order to install geogrid
support. Impact to the buffer area will be about the same whether done from dry lake
bottom or from a barge with a long reach. The lake bottom below the eroded bank is
hard clay top coated with sand and gravel. Equipment can work from this surface during
low water periods.

Sketch details include:
1. Proposed vegetation clearing
• 6' x 300' bank vegetation including approximately 2-7 trees with diameters over 6
inches to install wall tie backs called geogrid. The geogrid is installed five feet
behind the wall as a sheet after every two layers of block which is every 18
inches) Backfill includes two feet of gravel, soil cloth and 3 feet of fill dirt. Bank
vegetation impact to be minimized by doing work from the lake side of the bank
during low water period.
• 8' x 120' path winding around large trees through the 100' buffer area for
equipment access. (0-3 trees with diameters over 6 inches)
2. Location of rip rap above full pond.
• No rip rap will be placed above the full pond level
• The keystone will extend two feet above the full pond level, which is
approximately the recent high water level.
3. Location of rip rap to be placed below the full pond level
• A two foot wide and approximately two foot high strip of rip rap will be placed at
the bottom of the Keystone seawall to prevent foundation underwash
4. The location of any proposed structures such as buildings, retaining walls, docks, etc.
• See attached diagrams of dock and gazebo and lot drawing showing access area
5. Location of any excavation or dredging below the full pond elevation.
• Digging of a wall foundation footer approximately 18 inches deep, 2 feet wide,
and 300 feet long to be filled with gravel and Keystone blocks.
• Digging and filling behind the Keystone wall for approximate five feet for
installation of a geogrid tieback system including gravel, fill, and silt materials
barrier cloth
6. Location of construction access corridors
• The majority of the access corridor will use the future driveway and house site
• An 8' X 120' path winding around large trees will be used as an equipment access
corridor to the lake bed.