401s_SSs_Historic

✓6. P
W. T�. _ Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�0 QG North C is 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
August 21, 2003
DW Q#03-0836
Graham County
Catherine Lambert
Qualla Housing Authority
P.O. Box 1749
Cherokee, NC, 28719
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Lambert:
You have our approval, in accordance with the attached conditions, to place fill in 80 linear feet of perennial
streams, including culverts and in-stream bank stabilization measures (rip-rap) in order to construct two road
crossings at the proposed subdivision on the Jim Bowman property in Graham County, as described in your
application received by the Division of Water Quality on July 8, 2003. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3404, 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 14 when it is issued by the U.S. Army 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, 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 Certificationx:and approval
letter and is thereby responsible for complying with all conditions. If total wetland and/or stream fills for this
project (now or in the future) exceed one acre or 150 linear feet of perennial streams, 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, as well as the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included
in the 401 Certification has been completed;
2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact
under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded
from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
3. The culvert required for this project shall be installed in such a manner that downstream profiles are not
altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream
dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and
re-installed correctly. ,-_�
rya r� n n�c
It lU t11 nw -
Li ,y
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) AUG 2 5 2003 U�
[phone](phone),919-733-6893(fax),(htto://h2o.enr.state.nc.us/ncwetlands)
Customer Service#: 1-877-623-6748
WATER OLIALITY SECTION

The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be
used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall
not be placed in the stream bed, unless specifically approved by 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,
Mail Service Center 6714, 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 Kevin Barnett in the DWQ Asheville Regional Office at 828-251-
6208 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Kevin�Barnett;`Aslieville D1NQ'Regional-Office
Central Files
File Copy
Patrick Bradshaw, P.O. Box 1011, Waynesville, NC, 28786
030836

MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor: a t s W A\
Date: —7• lO -Ga
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility'Name 1VIa1colmGeorge County Graham
Proiddt. umber 98 . 0513 County2,
Recvtl From -APP. Region. Asheville:
Received Date 6/10/98 RecVtl By Region
Project Type Stream dredging
..........
Certificates
Permit Wetland Wetland Wetland. Stream" 'Class -
,Feet
Type Type Impact Score Index.° Prim Supp Basin Req.: Req.
26 I O Y O N r- 2-190-2-4 WSIII F__ 040404 I -
23 O U N 2 1902 4 ws> 0404p4 - '
�� � I.;
F__F_ o Y ON F__F_F__F__F__F__F —
Mitigation Wetland
MitigationTgpe. Type Acres Feet
�F__ F_
3
Is Mitigation required? O Y ON
Did you request more info? Q Y O N
Is Wetland Rating Sheet Attached? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Comments: Recommendation: O Issue O Issue/Cond ® Deny
c O.. � �,SS►�..�
cc: Regional Office Page Number 1
Central Office

DIVISION OF WATER QUALITY
06/11/98
MEMORANDUM
TO: Forrest Westall
Asheville Regional Office
FROM: John Dorney
RE: 401 Certification Review
Please review the enclosed 401 Certification applications by June 29, 1998. Please call me if you
or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
1. Brevard College Kings Creek Stabilization
980508
Transylvania County
m 2. 1ti�°1rnGe ro ge '
980513
Graham County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosures
f V
15 �� ,,.

it
TRIAGE CHECKLIST
Project Name: ' 'litit C L�I r!1 L�(�AY
Project Number: q g D S 13
I_
/ County: 1f'(-Y1Qrn
The attached project has been sent to you for review for the following reasons. Please consider whether a
site visit is needed to determine the impacts.Particular attention should focus on the below checked items.
Please feel free to call the central office staff member assigned to your region if you need assistance.
Stream length impacted.
Stream determination(Le.intermittent or perennial,or any channel present).
Wetland impact and distance to blue-line surface waters on USGS topo map.
Minimizationfavoidance options.
NW 14. (is access to highuound or wetlands)?
Neuse buffer rules.
Pond(water)fill(i.e.is the pond drained or holding water)?
Pond creation (i.e.in uplands,in a drained channel, or in wetlands).Please locate streams and
channels(if any) so that the central office can determine.
Mitigation ratios.
Stormwater pond placed in wetlands.
Ditching in wetlands.
Is the applicant's proposed stream/wedand mitigation site available and viable?
Applicant/consultant has a history of non-compliance(check drawings and application for
accuracy).
Has project been split from previous work to avoid mitigation requirements?
Consistent with pre-application meetings?
✓ Cumulative impact concerns.
OTHER:

980513
EM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT ##) 2-& ,J s
PRE-CONSTRUCTION NOTIFICATION APPLICATION
,,FOR NATIONWIDE PERMITS THAT REQUIRE:1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD 6V ICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET) . PLEASE PRINT.
1. OWNERS NAME: M kcil L.m p;�Q�p
2. MAILING ADDRESS: D� 1S 3 hl 3
SUBDIVISION NAME: Q
CITY: ]j 1NSV1U,� STATE: NC. ZIP CODE: Z8771
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) :
3. TELEPHONE NUMBER (HOME) : Z8 `"1'1-L 3965 (WORK) .
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: I 1N < Ip awm
-70+ 419 39F-1 L R.'K 4711- 311
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY��WnnITH SCALE) : o^ Q
COUNTY: � ��sYA NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC. )
N1 INTF \S C ors nF S& 1101 hN13 12LI
6. IMPACTED OR NEAREST STRpEAM/RIVERR:
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY WATERS (HQW) , OUTSTANDING RESOURCE WA(T�ERSS (ORW) , WATER SUPPLY
(WS-I OR WS-II) ? YES [J ] NO [ ] IF YES, EXPLAIN: 1`OU l WI�

rI
F THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
RE OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ ✓J
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO (�] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: —7S
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: Vz o o FT AFTER: �Zo Q FT
WIDTH BEFORE (based on normal high water contours) : 4 FT
WIDTH AFTER: (p FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: _C (N S5 Q—
] IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF QTY�PAE^ OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 8W1 x 11" DRAWINGS ONLY) : f��ir�UV� no FROK Wmwx
GE MEW , WIOF INIG VW L NNIO STN'f UZL. W kTh dN 1'A%VZ-
Wky, -% zz_ MNF- w I l ll -vwlcx t
13 . PURPOSE OF PROPOSED WORK: QZRN� Oyl SILT l Ab z5TNVwZ.F— 51' AM
ANY To M\X EWODING of ftYURL

'0TE-: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
ATTENTION AGENT(S)/CONTRACTOR(S) : If you sign this application, you must provide a
letter (signed and dated) by the applicant authorizing you to sign on their behalf.
OWNER'S/AGENT'S SIGNATURE D TE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED. )

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EXISTING GROUND CLASS 1 RIP RAP\ BERM
EXISTING GROUND
EXCAVATED SOIL
ANTHONY BRANCH FABRIC

SOUTHWESTERN COMMISSION
POST OFFICE DRAWER 850 BRYSON CITY,NORTH CAROLINA 28713
TELEPHONE: [phone] FAX: [phone] �� .
E-MAIL: [e-mail] WEBSITE: www.regiona.org
March 24, 1998
Cherokee County 7
Andrews
Murphy _---- --- -
.,
Clay County Mr. Forrest Westall
Hayesville DEHNR �,,q.s, 2 5 19-98
Water Quality Section
Graham County 59 Woodfin Place
Robbinsville Asheville,NC 28801
Santeedah
Dear Mr. Westall:
Haywood County -
Clyden Enclosed are descriptions and maps for four (4) CDBG projects — Bryson City Infrastructure
Maggie Valley Project (CDBG # 98-C-0472), Cherokee County Scattered Site Housing Project (CDBG # 98-
Waynesville
C-0460), Clay County Scattered Site Housing Project (CDBG # 98-C-0450), and Swain
Jackson County County Scattered Site Housing Project (CDBG #98-Q-0458). Please comment in writing
Dillsboro before April 8, 1998 if you feel any project will affect water quality.
Sylva
Webster
Please call if you have any questions or need additional information.
Macon County
Franklin Sincerely,
Highlands
Swain County
Bryson City (J//
Vicki Greene
Development Specialist
O
Err.2
Appalachian Development District Area Agency on Aging Economic Development District
Job Training Partnership Act
Regional Revolving Loan Fund Regional Emergency Medical Services Council

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vx:........:.::°<,>:.....:..:::.:: :.:<i:.:;,f::;}:<• Bryson City
........}.ice}}:•:i:•f:.v:i:v:: n..vi..'. i., Y
The Town of Bryson City has developed an infrastructure project
which will address 100% of the moderate water needs of the Bryson
Walk Project Area and 100% of the severe sewer needs. The water
component will serve 33 residences (28 low to moderate income) and
eight other users. The 'sewer component will provide sewer service
-to one low income household which is without any sewer system, on-
site or otherwise.
The Bryson Walk Project Area -is a loosely knit primarily
residential area extending from Everett Street west to Lemons
Branch Rd. The Project Area is served by an older cast iron water
main which is well past its useful 50 year life span. Leaks are
frequent and the western section of the project area suffers from
inadequate water pressure and brown water complaints due to severe
corroding in the lines. All households have adequate sewer service
with the exception of one unit noted above.
The water component of the Bryson Walk Infrastructure Project
includes approximately 1, 600 L.F. of 8-inch water line, 6, 150 L.F.
of 6-inch water line, fire hydrants, related appurtenances, and
the service connections to the 28 low and moderate income
households. The Town of Bryson City will provide the funds for the
water connections for the five households which are above income
limits and the eight other users, outside the scope of the proposed
CDBG project. The water line travels across approximately 2, 000
L.F. of undevelopable property along Bryson Walk. The roadway
through this area is bounded by' a rock cliff to the north and a
steep bank above the Great Smoky Mountains railway to the South.
See photos.
The sewer component of the project includes a short section of
upgraded 8-inch sanitary sewer line with one domestic service
connection to the household at the eastern end of the Project Area
which has no on-site septage system and is not served by the Town's
sewer system.
CDBG OTHER TOTAL
Water Improvements $198, 925 $44, 700
$243, 625
Sewer Improvements 19, 400
19, 400
Administration 20, 000
—, -- 20, 000
Total $238, 325
$44, 700 $283 , 025
20
CDBG 97IF-5a
I

TABLE 1 I q114
PROJECT COST ESTIMATE
WATER & SEWER SYSTEM IMPROVEMENTS - BRYSON WALK CDBG
TOWN OF BRYSQRI CITY
A. WATER -_..Frb
s li t S -_ Yr= T table _ _ _ _ l.Nll` _�j iC :;; '�Water Line 600 LF �..: _::_:,_table water Line $ 1¢•O0 ~$ 22,400.00
te Valve & Box 4,850 LF $ 12.50 $te Valve & Box 3 1=A $ 600.00 $ 1,800.00
MJ Fittings 7 500.00 $ 3,500.00
MJ Fittings600 LB $ 2.00 1,200.00
nnection to Existing Water 1,800 LB $ 2.00 $ 3,600.00
7
Line 3 EA $ 11500.00 $ 4,800.00
8" Connection to Existing Water 8 ul
Line 3 EA $ 2,000.00 $ 61000.00tn
F1
9 314" Domestic Service Transfer- 28
10 Fire Hydrant Assembly EA $ 400.00 $ 11,200.00
11 9 EA $ 1,600.00 Crushed A $ 14,400.00
ggregate Base Course 400 TN $ _ 15. $ -
As halt T - 00
Asphalt -e�l=P 6 000.00.. ._._
� - - --- - - - -
13 Asphalt Type 1-2 TN $ 50.00 $ 11,250.00
14 No. fi7 Washed Stone Bedding �75 TN $ 60.00 $ 16,500.00
TA! T 1 u.vv
t.B y '
15 Select 350
16 Rock Excavation ' —Cy- $ 12.00 $ 4,200.00
-- = 215 Cy $ 75.00 $_ 16,125.00
Contingencies 110%1 1p
Engineering Design $ 18,500.00
Construction Inspection $ 14,800.00 iJ
Legal/Administrative $ 11,100.00
CDBG Project Administration $ 14,500.00
- - . 00.00
: T.. ...-
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TABLE 1
PROJECT COST ESTIMATE (CONT.)
WATER & SEWER SYSTEM IMPROVEMENTS = BRYSON WALK
CDBG
B. SEINER
TOWN OF BRYSON CITY
ITI
��Ct111
-- --
2 .o it Sewer Line 450 F- T
4 ' Dia. Precast Con 22.00s$ - ?`Al
Crete Manhole -2 EA S 1,200.00
4" Domestic Sewer Service 9'900•fl0
3 2,400.00
- s = - osT �rv�yi�/� Q _ o.00 s 300.00
.:"- ;e r.,:sssS.�a3siz_ ;i'ri
Contingencies (10°,ry
Engineering Design $ 1,300.00 L
Construction inspection $ 2,500.00 ;4'
Legal/Administrative $ 1,500.00U.
CDBG Project Administration $ 1,500.00 0
Z.,MR 11500.00
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ngineering Design $ 19,800.00
Construction inspection $ 17,300.00
Legal/Administrative $ 12,600.00 0
CDBG Project Administration $ 1 B4O00.00
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of North Carolina
partment of Environment ` .•
nd Natural Resources
Asheville Regional Office
Division of Water Quality F4CDENR
James B. Hunt, Jr., Governor NORTH CAROLINA DEPARTMENT OF
Wayne McDevitt, Secretary ENVIRONMENT AND NATURAL RESOURCES
February 12 , 1998
MEMORANDUM
TO : Melba McGee
FROM: Roy M. Davis
SUBJECT : Project 98-E-0470
Independence Day Storm Project
U. S . Forest Service
In reviewing the documents relating to the subject
timber sale we notice that streams in the sale area are
assigned our "High Quality Waters" supplemental
classification. We would therefore wish . the U. S . Forest
Service to adhere to the Forest Practices Guidelines and
be diligent in protecting surface waters during this
sale .
xc : Richard Burns , USFS
Glen McConnell , Cheoah Ranger District
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources T
Division of Water Quality
James B. Hunt, Jr., Governor ok
Jonathan B.'Howes, Secretary ® E
A. Preston Howard, Jr., P.E., Director
July 11,1997
Mr. Dale E. Wiggins I! ���' 1111
County Manager
Graham,:ounty -
P.O.Box 575 JUL 17 1997 i---�
Robbinsville, NC 28771 i �j,
WiEROUALT,SECTION
Re: Water Supply Watershed Protection Ordinance
Dear Mr. Wiggins;
The purpose of this letter is to inform you of the status of the water supply watershed
protection ordinance for Graham County.As you are aware,the Environmental Management
Commission (EMC)revised.the Water Supply Watershed Protection Rules in 1995 in order to
clarify certain provisions and add flexibility for local governments administering their water
supply watershed protection programs. Staff of the Division of Water Quality reviewed the
ordinance for compliance under both the 1992 and 1995 versions of the Rules.The corrections
recommended under the 1995 version of the rules are optional,and are noted as such in this
letter.The other corrections listed below are not optional. Once the ordinance is amended and
submitted to the Division of Water Quality,we will recommend approval of the ordinance by
the Environmental Management Commission. In accordance with the Water Supply Watershed
Protection Act(NCGS 143-214.5),the County has 120 days to correct and submit the ordinance to
the Division of Water Quality. The deadline for submission is Friday,November 7.1997. The
additional changes that are necessary in order for the ordinance to meet the minimum
statewide requirements are as follows:
1. If desired,Section 103 (D) may be modified to read as follows,consistent with the 1995
Rules revisions:
D.
ardinanee, regardless of whether or itat a vested rigl-A has been estabhshed,ina�be
developed fer*gle fawdly residential purposes witheut being subjeet to the
restrietieng of these overlay . If a nonconforming_lot of record is not contiguous
to any other lot owned by the same party then that lot of record shall not be subject to
the development restrictions of this ordinance if it is developed for single-family
residential purposes.
2. If desired, modify Section 302(B)(1)(d) and Section 302(D)(1)(d):
(d) Non-residential development,excluding: 1)
materieds _,... pi] nta plan isimplemented. 2)andfi.11s, and-3}4 sites
�r 7���.,���
for land application of sludgefresiduals or petroleum contaminated soils.New
industrial develepmen+is required to ineerparate adequately designed-,eons ,
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer- 50%recycled/10%post-consumer paper

Mr. Dale E. Wiggins
July 11,199.7
Page Two
stared,er manufaetured eft the and maintained --11 eentai.r.ment strttetures in hazar-detts materials ai:e wither used,
All other references to hazardous materials in your water supply watershed protection
ordinance may be eliminated. All references in the ordinance to"sludge" should be
changed to "residuals" to be consistent with statewide terminology.
3. Under the 1995 changes to the Rules the 5%/70%provision may now be increased to
10%/70%and it may be applied to all new development and expansions to existing
development. If desired,amend Section 302(C) as appropriate using language from the
Model Ordinance.
Under the 1995 revisions, the 10%/70% provision is allowed in the WS-IV Protected
Area when the high density option is not allowed. If desired, the County may amend
Section 302(E) to include this change.
If the County chooses to modify the ordinance to include the 10%/70%provision,submit
the amount of land available (as of 7/1/93 for the WS-II-BW and WS-III-BW, and as
of 7/1/95.for the WS-IV-PA) for development in the watershed areas where the 10%/ .
70% provision is allowed.
4. Correct the text in Section 302(E) as follows: "` S 1H P "to"WS-IV-PA".
5. Section 303(C)may be amended as follows,based on the 1995 Rules revisions:
, Title
of to the open space area shall be conveyed to-the an incon2orated homeowners
association for management;to a local government for preservation as a park or open
mace;or to a conservation organization for preservation in a permanent easement.
Where a property association is not incorporated, a maintenance agreement shall be
filed with the property deeds...
6. Section 304(B)may be amended as follows:
"No new development is allowed in the buffer except that water dependent structures,
other structures such as flagpoles signs and security lights which result in only
diminutive increases in impervious area,and public works projects..."
7. In Section 501(F), change the following:
The Watershed Administrator shall keep a record of variances ... and shall submit
this record for each calendar year to the Division of Water Quality on or before
January 1st. of the following year
Management-and provide
a description of each project receiving a variance and the reasons for granting the
variance...
In July, 1996, the Division of Environmental Management became the Division of Water
Quality. All other references to the Division of Environmental Management and to the
Supervisor of the Classification and Standards Group, Water Quality Section, should
be changed.

PF
7Mr. le E. Wiggins
1997
Page Three
8. Add or amend the following definitions in Section 601:
a) Discharging Landfill. A landfill which discharges treated leachate and
which requires a National-Pollution Discharge Elimination System
(NPDES) permit.
b) Existing Development. [The wording in the Rules and Model Ordinance for the
definition of existing development was amended in 1995 to be more consistent
with zoning law. It is advisable out not required for you to amend the
definition of existing development in the County's ordinance as follows:]
... (3) having
an approved site specific or phased development plan as authorized by the
General Statutes (G.S. 153A-344.1)
c) Major Variance.A variance from the minimum statewide water supply
watershed protection rules that results in any one or more of the following:
bement ,
(2}the relaxation,by a factor of greater than ten (10) percent, of any
management requirement that takes the form of a numerical standard;
(3) the relaxatien of any management requirefftent that applies to a
d) Minor Variance.A variance
varianee from the minimum statewide watershed protection rules that results
in a relaxation by a factor of up to ten(10)percent,of any management
requirement under the low density option.
e) Nonconforming Lot of Record.A lot described by a plat or a deed that was
recorded prior to the effective date of this ordinance (or its amendments
does not meet the minimum lot size or other development requirements of this
ordinance.
f) Protected area. The area adjoining and upstream of the critical area of WS-IV
watershed. The boundaries of the protected area are defined as within five
miles of and draining to the normal pool elevation of the reservoir or to the
ridgeline of the watershed; or within 10 miles upstream; and draining to the
intake located directly in the stream or river or to the ridgeline of the
watershed.
All other aspects of your ordinance are acceptable and we anticipate an expeditious
final approval from the Environmental Management Commission once the above noted
corrections are made and the ordinance is resubmitted.Although you are not required to update
your ordinance to meet the 1995 revisions to the Water Supply Watershed Protection Rules,you
may wish to consider these new rules when amending your ordinances to incorporate the .
required changes listed above.

Mr. Dale E. Wiggins
July 11,1997
Page Four
If you have any questions regarding the Water Supply Watershed Protection Program,
please contact Lisa Martin at [phone],ext.565 at your convenience. Thank you in advance
for your cooperation and support of the Water Supply Watershed Protection Program.
Sincerely,
&--A. Preston Howard,Jr.,P.E.
cc: Lisa Martin
Fnr�'resti��Ue�"st`"alil�►A�+R® �a'.i+
Alan Lang,ARO DCA
DWQ Central Files

State of North Caroli,ia.
Department of Environment,
Health and Natural Resources
Division of Water Quality A4'
ames B. Hunt; Jr., Governorow
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director C
April 28, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Max B. Longley
Silver Bluff Nursing Facility -
Route 5, Box 102
Canton, NC 28716
SUBJECT: NOTICE OF VIOLATION
Silver Bluff Nursing Facility a
Haywood County
NPDES No. NCO033600
Dear Mr.Longley:
This is to inform you that your monthly monitoring report for February 1997 was not
received in a timely manner by the Division of Water Quality. This is in violation of the terms of
your NPDES permit and Title 15 of the North Carolina Administrative Code, Chapter 2,
Subchapter 2B, Section .506(a),paragraph IA, which states"monthly monitoring reports shall be
filed no later than 30 days after the end of the reporting period for which the report is made." The
reporting requirement is further codified in North Carolina General Statute 143-215.65. Failure to
submit reports as required by the terms of either the permit, rule or statute will subject the violator
to the assessment of a civil penalty of up to $10,000 per violation. Our records show this report
was received in our Central Files office on April 16, 1997.
If within the next twelve (12) months, future reports are not received within the required
time frame, you will be assessed$500.00. Additional violations within a twelve (12)month
period will double-the penalty for each violation. The Division must take these steps because
timely submittal of discharge monitoring reports is essential to the efficient operation of our water
quality programs and therefore, great importance is placed upon the permittee's compliance with
reporting requirements. We appreciate your assistance in this matter. If you have any questions
about this letter or discharge monitoring reports, please contact Roy Davis,Regional Supervisor of
our Asheville Regional Office, at(704) 251-6208.
Sincerely,
Ow
A. Preston Howard, Jr., P.E.
cc: Compliance/Enforcement
Regional Supervisor
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper

to of North Carolina
epartment of Environment,
Health and Natural Resources 1 •
Division of Water Quality
James B. Hunt, w Governor
J onathan B. Howes, SecretaryF-: H N FZ
A. Preston Howard, Jr., P.E., Director
Asheville Regional Office
WATER QUALITY SECTION
September 15, 1997
Ms . Vicki Greene, Development Specialist
Southwestern North Carolina Planning and
Economic Development Commission
Post Office Drawer 850
Bryson City, North Carolina 28713
Subject: Block Grant Site Project
Graham County
Dear Ms . Greene:
A review of the description of a proposed Graham County
Community Development Block Grant Scattered Site Project (CDBG
#97-00329) revealed that the project should not adversely affect
water quality. . If anything, the installation of new septic
tanks, if in an area where straight piping is prevalent, should
improve surface water quality.
If you have any questions or additional information
concerning this matter, please do not hesitate to contact me at
704-251-6208 .
Si erely✓
D. Keith Hayne8�
Environmental Specialist
Interchange Building,59 Woodfin Place Nia*' C
FAX [phone]
Asheville,North Carolina 28801 An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 50%recycles/10%post-consumer paper

ESTERN COMMISSIO
ICE DRAWER 850
CITY, NORTH CAROLINA 28713
LEPHONE(704) 488-9211
AX [phone]
e-mail: [e-mail]
Cherokee County September 8, 1997
Andrews
Murphy
Clay County
Hayesville
Mr.Forrest Westall
Graham County DEHNR
Robbinsville Water Quality Section
Santeetlah 59 Woodfm Place
Haywood County Asheville,NC 28801
Canton
Clyde Dear Mr. Westall:
Maggie Valley
Waynesville
Enclosed is a description of a Graham County Community Development Block Grant Scattered Site
Jackson County Housing Project(CDBG#97-C-0329). Also enclosed is a map locating the twelve(12)units which will
Dillsboro receive substantial housing assistance. Please comment in writing before September 24, 1997 if you
Sylva feel the project will affect water quality.
Webster
Macon County Please call if you have any questions or need additional information.
Franklin
Highlands Sincerely,
Swain County
Bryson City
Vicki Greene
Development Specialist
� L kl`
SEP ` 9 i99T i', _a
Appalachian Development District-Area Agency on Aging - Economic Development District
Job Training Service Delivery Area
Regional Revolving Loan Fund- Regional Emergency Medical Services Council

Graham County CDBG Project
#97-C-0329
Age &type Housing and other
Unit# Name Address * of Unit Treatment Proposed
1 Waldroup Rt.,3,Box 75B 27 yrs.,frame Housing rehabilitation,well
2 B.Phillips Rt.3,Box 72 50 yrs.,frame Housing rehabilitation,septic tank
3 Cable P.O.Box 1233 `.. 23 yrs.,mobile home Clearance,mobile home replacement,
well
4 Anderson Rt.3,Box 81D 28 yrs.,mobile home Clearance,mobile home replacement,
well
5 Carver Tapoco,Rt.Box 40 42 yrs.,fi-ame Clearance,mobile home replacement,
well,septic tank
6 Jordan P.O.Box 132 37 yrs.,mobile home Clearance,mobile home replacement,
Jordan Hill well,septic tank
7 R.Phillips Star Rt.,Box 101 22yrs.,mobile home Clearance,mobile home replacement
8 Bollinger Rt. 1,Box 101 48yrs.,frame Housing rehabilitation
9 Miller Rt. 1,Box 56 40 yrs.,frame Housing rehabilitation
10 Orr Rt.3,Box 157-E 24 yrs.,mobile home Clearance,mobile home replacement
11 L.Phillips Rt.3,Box 169 40 yrs.,frame Housing rehabilitation
12 Hensley Rt.,2,Box 216B 35 yrs.,mobile home Clearance,mobile home replacement
* All addresses are Robbinsville,NC
In addition to the assistance outlined above,Graham County will utilize$38,000 in Local Option funds to effect emergency
repairs(up to$3,500 per unit)and to install individual wells and on-site septic systems for very low income homeowners
throughout Graham County. It is projected that 12-14 households may be assisted through this component. These units have
not yet been identified. Graham ERR.1

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,�• ,'`•~ �- ice GRAHAM COUNTY
IIIQ.V1)0009 N
G

mu a kid
State of North Car7ina
Department of Environment,
Health and Natural Resources • 0
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary FE F It'
A. Preston Howard, Jr., P.E_ Director
December 12, 1995
USDA Forest Service 2
c/o Mr. Randle Phillips
tiIVATEI?QUALI-n,Forest Supervisor SECT,
ASVE0L1 E REGIOWL 101V
Post Office Box 2570
Asheville, N.C. 28802
Dear Mr. Phillips:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed upgrade the public beach on Lake Santeetlah
Cheoah Point Recreation Area
Project # 951161, COE # 199600134
Graham County
Attached hereto is a copy of Certification No. 3045 issued to USDA Forest Senrice
dated 12 December 1995.
If we, can be of further assistance, do not hesitate to contact us.
Sincerely,
LO stonIH- ow Jr. P
Attachments
3045.wqc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville- Field Office
LA�3R-6Vilre—.DEM-9eg—t(i�nal--GfffCe _..'
D Mr. John orney
Mr. John Parker, Division of Coastal Management
Central Files
P.O. Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 550%recycled/10%post-consumer paper

NORTH CAROLINA
Graham County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws
92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental
Management Regulations in 15 NCAC 2H, Section .0500 to USDA Forest Service resulting in Graham County
pursuant to an application filed on the 31st day of October of 1995 to upgrade the public beach on Lake
Santeetlah at Cheoah Point Recreation Area.
The Application provides adequate assurance that the discharge of fill material into the waters of
Santeetlah Lake in conjunction with the proposed development in Graham County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and
PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application or as
described in the Public Notice. If you change your project, you must notify us and you may be required to send
a revised application. For this approval to be valid, you must follow the conditions listed below. In addition,
you should get any other federal, state or local permits before you go ahead with your project.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50 NTUs in
streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout waters).
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh,N.C. 27611-7447. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request Mthin sixty
(60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final
and binding.
This the 12th day of December, 1995.
DIVISION OF ENVIRONMENTAL ANAGEMENT
i U
i
re ton How , Jr. P. .
WQC# 3045

PRINT NAY'00 : Pv e'
Reviev a
JOHN DORNEY WQ SUPV. :
ENVIRONMENTAL SCIENCES BRANCH DATE: \\•fit 0. wv
WETLAND STAFF REPORT AND RECOMMENDATIONS
**EACH IT
MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 95 PERMIT NO:. 0001161 COUNTY: GRAHAM
APPLICANT NAME: USDA - FOREST SERVICE - LAEK SANTEELAH
PROJECT TYPE: DISCHARGE MATERIAL PERMIT TYPE:
COE #: 199600134 DOT ff :
RCD_FROM_CDA: COE DATE FRM CDA: 11/01/95
REG OFFICE: ARO
RIVER AND SUB BASINJ: STR INDEX NO:
STREAM CLASS: . '
WL IMPACT? : Y/N WL_TYPE:
WL REQUESTED: WL_ACR EST? : Y/N
WL SCORE M : WATER IMPACTED BY FILL? : Y/N
MITIGATION? : Y/N MITIGATION_TYPE:
MITIGATION SIZE: DID YOU REQUEST MORE INFO? :. Y/N
IS WETLAND RATING SHEET ATTACHED? : Y
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT? : Y/N
RECOMMENDATION (Circle One) : ISSUE SSUE/COND DENY
COMMENTS : 01. Q- �� Ito� , o W�,'c�a-�c�.� . �«0. kN)q-,
C r �r r
CC: Regional Office
Central Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
November 13, 1995
MEMORANDUM
TO: Forrest Westall
Asheville Regional Office
FROM: John Dorney 8 4A-
RE: 401 Certification Review
Please review the enclosed 401 Certiffcation applications by December 1, 1995. Please call me if you
or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
1. USDA - Forest Service - Lake Santeelah
# 951161
Graham County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure

,AI F
DEPARTMENT OF THE ARMY 0 62
Wilmington District,. Corps of Engineers 2 O
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199600134 November 2, 1995
�Fs
PUBLIC NOTICE
USDA, FOREST SERVICE, RANDLE G. PHILLIPS, FOREST SUPERVISOR, POST OFFICE .
BOX 2570, ASHEVILLE, NORTH CAROLINA 28802 has applied for a Department of the
Army (DA) permit TO CREATE A SWIMMING AREA AT THE CHEOAH POINT RECREATION AREA
IN LAKE SANTEETLAH APPROXIMATELY 5 MILES NORTHWEST OF Robbinsville, Graham
County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show the
recontouring of an approximate 350-foot wide by 230-foot long area of the lake
bottom. The recontouring will be done by bulldozer when the lake is drawn
down. After the grading is completed, 450 cubic yards of soil from an upland
borrow area will be used to build up an approximate 190-foot wide by 180-foot
long beach area. The soil will be topped with 280 cubic yards of sand
_averaging 8-12 inches in depth, to be contained on the upper beach area by
marine grade timbers. Construction of a 5-foot wide by 50-foot long walkway
leading to a 15-foot square handicapped accessible swimming platform will
require the discharge of 30 cubic yards of gravel and concrete below the full
pool elevation of the lake. The purpose of the work is to improve the
swimming area to meet standards as part of an overall recreation area
reconstruction/rehabilitation. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
certificate as required by PL 92-500.
This application is being considered pursuant to,Section 404 of the Clean
Water Act (33 U.S.C. 1344) . Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider -this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by. work under the requested permit.

-2-
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant '_n each particular
case. The benefits which reasonably may be expected to accrue from the.
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988) , land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dred^ed or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404 (b) (1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted .unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and focal agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal.. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA) . Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not b made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of -he Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM) , Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.

-3-
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM) , post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before November 24, 1995,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m. ,
December 1, 1995, or telephone (704) 271-4856.

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State of North Carolina
Department of Environment,
Health and Natural Resources 4 •
Division of Environmental Management
James B. Hunt, w , Secretary
ecr or
Lary O C � � F4
Jonathan B. Howes, Secreta C
A. Preston Howard, Jr., P.E„ Director
August 15, 1995
I�
MEMO
To: David.Baker
Corps of Engineers - Asheville
From: John Dorn
DEM qP:)
Re: Van Brown, dba Carolina Trout Company
COE #,199503418, DEM # 95756
Graham County
DEM has no objection to the issuance of a Corps of Engineers permit or TVA permit
for this project. Since there is no fill of waters no 401 Certification is needed.
Please call me at 919-733-1786 if you have any questions.
95756.mem
cc: l ,ff.e AI.Ie D_ENPRegiona1 Office
Central Files
Van H. Brown; Andrews, N.C. , --
WATER Q0UALITY SECTION
AS�iEVlLLE REGI0 AL OFFICE
P.O. Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 501 recycled/ 10%post-consumer paper

,! ili'
State of North Car-,,,)a 3 1
Department of Environment,
Health and Natural Resources Al• • - -_
Division of Coastal Management
James B. Hunt,Jr., r P1
Jonathan B. Howes,, Secretary
D F C
Roger N. Schecter, Director
July 26, 1995
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199503418 dated July
20, 1995 describing a proposed project by Van H. Brown. is being circulated to interested state
agencies for comments on applicable Section 404 and/or Section, 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by August 8, 1995 If you have any questions regarding the proposed project. please contact
me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office su s the protect proposal.
Aoc*o-mmen'tA
" Cbmments on this project a_e attached.
This office objects to the project as proposed.
}
Signed Date
P.O. Box 27687, Raleigh, North Carolina 27611-7637 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recyc!ed/ 10%post-consumer paper

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DIVISION OF ENVIRONMENTAL MANAGEMENT e
July 26, 1995
MEMORANDUM
TO: Forrest Westall
Asheville Regional Office
FROM: John Dorney lg C) 0�
RE: 401 Certification Review
Please review the enclosed 401 Certiffcation applications by August 18, 1995. Please call me if you
or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
1. Carolina Trout Company - Van Brown (1 month review)
# 95756
Graham County
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure
�.4

RECEIVED 95-7 5(, -
DEPARTMENT OF:THE ARMY JUL 2 4 1995
Wilmington District., Corps of Engineers FMRONME
Post Office Box 1890 aTALSCIENCES
Wilmington, North Carolina 28402-1890
. Action ID No. . 199503418 July 20, 1995
JOINT PUBLIC NOTICE
US ARMY CORPS OF ENGINEERS
AND
TENNESSEE VALLEY AUTHORITY
VAN H. BROWN, dba CAROLINA TROUT COMPANY, ROUTE 1, •BOX 15, CROSS CREEK
COVE, ANDREWS, NORTH CAROLINA 28901 has applied for a Department of the Army
(DA) permit and Tennessee Valley Authority (TVA) approval TO INSTALL AND
OPERATE A DEMONSTRATION FLOATING NET PEN STRUCTURE, FOR. THE COMMERCIAL
PRODUCTION OF RAINBOW TROUT, AT THE 64 MILE MARK IN FONTANA LAKE NEAR Fontana
Village, Graham County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application"show the installation of a
62-foot wide by 425-foot long floating facility approximately 520-feet north
of the south shoreline. The unit will occupy 0.6 acre of lake surface. The
structure would consist of styrofoam floats, wooden walkways, galvanized
hardware and nylon nets anchored by cables connected to two 1,500 pound
concrete blocks .at each end. The facility is to be equipped with markers,
lighting, and equipment in accordance with Coast Guard standards to assure
visibility and safe operation. Specific pathogen free fingerling trout will
be transported from a nearby launching ramp to ,the net pens by a pontoon-barge
haul boat. Feed will be brought to the net pen site by a workboat. Once the
fish reach harvest size, they will be transported live or on ice to the
processing plant. The facility will be.manned 24 hours a day for operational
safety and security reasons. The applicant hopes to produce 500 tons of live
product annually. The purpose of the demonstration is to procure data to
accurately evaluate the economic potential and the environmental impact of
large scale commercial trout production in TVA Reservoirs. Two other similar
demonstration projects are proposed by the applicant in Appalachia and
Hiwassee Lakes, however these facilities do not require DA authorization since
the reservoirs are not considered navigable pursuant to Section 10 of the
Rivers and Harbors Act of 1899. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. The
North Carolina Division of Environmental Management (NCDEM) is processing a
request for a NPDES permit. No Department of the Army (DA) permit will be
issued until the coordinated State viewpoint on the proposal has been received
and reviewed by this agency.
Tennessee Valley Authority (TVA) approval will be.,.required for the
facilities under Section 26a of the TVA Act.
This application is being considered pursuant to' Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) . Any person may request, " in, writing
within the comment period specified in the notice, that.a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of...the 'presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The Corps of Engineers decision as to whether to issue a permit will be
based on an evaluation of the probable impacts, including cumulative impacts,
of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts which the proposed activity may have on the
public interest requires a careful weighing of all those factors which become
relevant in each particular case. The benefits which reasonably may be
expected to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a proposal, and if .
so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988) , land use,- navigation, shore
erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404 (b) (1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA) . 'Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, -Attention: David Baker or Robert Johnson, until
4:15 p.m. , August 18, 1995, or telephone (704) 271-4854 . It is not necessary
to comment separately to TVA since copies of all comments will be sent to that
agency and will become part of its record on the proposal. However, if
comments are sent to TVA, they should be mailed to TVA, Attention: Linda
Oxendine (WTBC) , 400 West Summit Hill Drive, Knoxville, Tennessee 37902, or
telephone (615) 632-3440.

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H W ESTERL , 1 C RESOURCE CONSERVATION&DEVELOPMENT COUNCIL,INC.
•400 Dellwood Road
Building E, Suite 3 f; ,
P.�. Box 1230 — -- "' A. ___ "People To Match Her Moantaini."
Waynesville NC 28786 d s 4
r 4 r
[phone]
July 5, 1995 J
Forrest Westall , � �� \\ 1
Water Quality Regional Supervisor -
Division of Environmental Management
Dept. of Environment, Health & Resources
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Westall:
The Southwestern NC RC&D Council, Inc recently purchased a separator
(Static Screen) to be used in separating solids from trout farms. This
purchase was made possible by donations from the various Soil & Water
Conservation Districts in the area. Also we received grants from the
Tennessee Valley Authority, and EPA 319 Clean Water Funds administered by
the NC Division of Environmental Management.
We have conducted tests in Transylvania County on the Ed Joy Trout Farm and
the Pisgah Forest State Fish Hatchery, in Clay County on the Tusquitee
Trout Farm and in Cherokee County on the Claude Craig Trout Farm.
We will be conducting a demonstration in Graham County on the Walt Osterman
Trout Farm on Thursday, July 20, 1995 . The demonstration will begin at
10:30 A.M. Enclosed is a map showing the location of the farm.
If you need additional information, please call the RC&D Council office at
704-452-2519.
Sincere y,
nneth�R. Futreal, Coordinator J�� 'A
Southwestern NC RC&D Council, Inc.
Conserve Recycle

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W A 7-p Michael F.Easley,Governor
William G.Ross Jr.,Secretary
`Q L North Carolina Department of Environment and Natural Resources
rAlan W.Klimek,P.E.Director
> =i Division of Water Quality
LZ `C Coleen H.Sullins,Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
July 15, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Catherine Lambert
Qualla Housing Authority
Post Office Box 1749
Cherokee,North Carolina 28719
Subject: Additional Information Request
Jim Bowman Property
401 Application Number: 03-0836
Status: On Hold
Graham County
Dear Mrs. Lambert:
The Asheville Regional Office is in receipt of the Qualla Housing Authorities application to install two, 40 foot
culverts, in an unnamed tributary to Sweetwater Creek in Graham County for the development of the Jim Bowman
property. Additional information is required before further processing of this application can occur.
• Detailed plan drawings of the culverts must be provided. These plans must be dimensional, include both profile
and placement information,and indicate any headwall/stream bank stabilization to occur in relation to this
project.
• Item III. 4.Indicates that this is phase 1 on the Jim Bowman Property Subdivision. As the Division of Water
Quality must take into account ALL impacts from a development,the submitted application must include all
phases of development. You must update your application to include stream and wetland impacts from all
phases of the subject development.
You must submit the requested information to my attention at the letterhead address,post marked no later than July
29, 2003, in order for this application to proceed. Should no information be received,the application will be
returned as incomplete.
Should you have any further questions, please do not hesitate to contact me at 828.251.6208.
Sincerely,
Kevin H.Barnett
Environmental Chemist
cc: Mr.Patrick Bradshaw, Bradshaw Engineering,Inc./
Mr. Mike McDonald, Asheville Regional Office
Wetlands/401 Unit
59 Woodfin Place Asheville,North Carolina 28801 Telephone[phone] Fax[phone] Customer Service 1-877-623-6748

Michael F.Easley
^ u. Governor
z;< r William G.Ross,Jr. Secretary
% - Department of Environment and Natural Resources
Kerr T.Stevens
Division of Water Quality
June 12, 2001
DWQ#01-0847
_ Graham County
Or 17
Town of Robbinsville
Post Office Box 126 t
JUN 'Robbinsville, NC 28771 8 2001
APPROVAL of 401 Water Quality Certification y��F4,j , �T'1"-,I
` 11O
Dear Sirs:
You have our approval, in accordance with the attached conditions, to construct a sewer line across Tulula Creek in
Graham County, as described in revised application materials received by the Division of Water Quality on June 5, 2001.
After reviewing your application,we have decided that this work is covered by General Water Quality Certification Number
3288, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows 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. 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 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 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 919-733-9646.
Sincerely,
Kerr T. Stevens - - - - - - - - - -
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
File Copy
Central Files
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)

State of North Carolina
Department of Environment 1kT?WJ
and Natural Resources d •
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT•AND NATURAL RESOURCES
April 6, 1999
Graham County"
DWQ Project#990283 'ti i l
APPROVAL of 401 Water Quality Certification ' '
N.C. l;.; ::`'t. 0! t:. -ilk
Hon.Bobby Cagle,Mayor
Town of Robbinsville _ APRf1 9 �g��
P.O.Box 126
Robbinsville,N.C.28771
Dear Mr.Cagle: Winston-Salem
You have our approval,in accordance with the attached conditions,to place fill material in 0.1 a es N tvedands or
waters for the purpose of constructing the Milltown Sewer upgrade for the Town of Robbinsville;as you described in your
application dated 19 March, 1999. After reviewing your application,we have decided that this fill is covered by General
Water Quality Certification Number 3102. 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. Also 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. If you change your
project,you must notify us and 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). For this approval to be valid,you must follow the conditions listed in the attached certification.This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
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.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 John Domey at 919-733-1786.
Sincerely,
r T Itevens
Attachment � �;4 APP, I ? 1999 l:
t t:.
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winsion=Salem DWQ Regional"Office g L;, r;EGiC'd,aL 0rF{CE
Mr.John Dorney
Central Files
Michael Waresak;McGill Associates 990283.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX#[phone]
An Equal Opportunity Affirmative Action Employer •50% recycled/10%post consumer paper

FrnMcGill
A S S O C I A T E S a
1'� N � ;t
'U APR - 6
March 19, 1999 1999
ml,!ER QUfaLI;Y Ulm
Mr. John R. Dorney ;�}SI
Division of Water Qualityi � Tf L arFs��
4401 Reedy Creek Road RECEIVED
Raleigh, North Carolina 27607
RE: Request for Nationwide Permit
Milltown Sewer Upgrade
Town of Robbinsville
Graham County, North Carolina
Dear Mr. Dorney:
Please find enclosed one (1) copy of a completed and executed application entitled "Joint
Form for Nationwide Permits" for the above project, as well as the required $200.00
application fee.
As mentioned in the previous letter, this project consists of installation of a new 8=inch
sewer line, and will involve the crossing of Long Creek in the Town of Robbinsville. The
installation of the sewer line at Long Creek will be a subaqueous crossing. This submittal also
includes a vicinity map and copies of the construction plans and details for this crossing.
Sincerely,
McGILL ASSOCIATES, P.A.
MICHAEL WARESAK, P.E.
Enclosure
cc: Bobby Cagle, Jr.
bridges/96308.00/1etters/jdl9mar9.doc
E n g i n e e r i n g • P l a n n i n g • F i n a n c e
McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801
828-252-0575 • FAX [phone]

ACTION ID:
Prn Permit Requested(Provide Nationwide Permit#): 12
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineer
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington,NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh,NC 27626-0535
Telephone[phone] ATTN: MR. JOHN DORNEY
Telephone: [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT
1.- Owner's 1`1ame: Town of Robbinsville
2. .Owner's Address: P.O. Box 126, Robbinsville,NC 28771
3. Owner's Phone Number(Home): [phone] (Work): Same
4. ! If Applicable: Agent's name or responsible corporate official, address,phone number:
Bobby Cagle, Mayor
P.O.Box 126, Robbinsville,NC 28771
[phone]
5. Location of work(MUST ATTACH MAP). County: Graham
Nearest Town or City: Robbinsville
Specific Location(Include road numbers, landmarks, etc.):
South of bridge crossing on S.R. 1127
6. Name of Closest Stream/River: Long Creek/Cheoah River
7. River Basin: Little Tennessee(Savannah River)
8. Is this project located in a watershed classified as rou SA,HQW, ORW,WS I, or WS II? YES [X] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on the project site:
Approximately 0.1 acres
11. Number of acres of waters of the U.S., including wetlands. Impacted by the proposed project:
Filled: -----
Drained: -----
Flooded: -----
Excavated: 0.1
Total Impacted: 0.1

escription of proposed work(Attach PLANS - 8 1/2"X11"drawings only:
IFInstallation of approximately 85 LF of 8"ductile iron gravity sanitary sewer below creekbed; installation will be via
conventional open cut/backfill method
13. Purpose of proposed work: To place a manhole for future sanitary sewer tie-in
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts: This line is being installed anticipating a significant need for sewer service in the area
15 You are required to contact the U.S. Fish and Wildlife Service(USFWS)and/or National Marine Fisheries Service
(NMFS)regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES Pq NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO THE CORPS.
16. You are required to contact the State Historical Preservation Office(SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES NO [ ]
RESPONSES FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation ,vas performed by a consultant, include all data sheets relevant to the placement of the
delineation line
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential with some commercial
F. If applicable,what is proposed method of sewage disposal? Gravity sewer
WNNmer's §egnature Date

' r
\�p� PROJECT LOCA
1 �
Gam• . �� •• /�'of��.
IIRD .GAP / \
MILLTOWN
� ' 9,y \ POISON
`���� \ �� ww •� \B,p9
\ \�'c,�,
•.\ z 111,

I STA /25+06.46 LINE "A"
MA 'HOLE A-5
y I
I PROPOSED
�t 40 LF OF 16"x0.25" W L THICK
MEL ENCAtEMENT PIP BORED
---EM STING
l 6" WATER LINE
—� PROPOSED
S j"O �5 LIN
MANHOLE "D-1"
LLJ
PROPOSED
' 270.1 I` o m ci +
( .,
MANHOLE A-1
t ti 2 36'20
`may O ti� � O'
Of
EWE R CE ASP ILT AREA
O
� ROPOSED 0 X
§TA 26+00 LI / VE ASPHALT I �Z
STA 10+00 SINE 9" 1 Irn
MANHOLE5
PRE ED i
�" 3D 3 C WER" I N.E . "A" P O SE
OSE ERVI CE
-,,MINIMUM —0" COVER CN
cd
COS
`EXISTING T•• N � O
WATER LINE ��... � �
0.
PROPOSED
LINE "B" — SEE—T
SHEET 6

q.00 �Y INV. EL. OL T: 2097.21 INV. EL. IN: 2097.31 mo
33 00-. 34 00 35 00
r .•• O
PROPOSED co
8-" SDR-35 RVC NE
SEWER LINE A" 2090 ¢ co V
R
NOTE. 1
ss WATER ELE 2084.3t
. 1.: ON1 19 9 W C/) wI
2085 z z
INV. EL. i
OUT: 2080.34 a
wlcn
INV. EL. 85 LF @ .40% W +, `Jw
OUT: 2080.40 2080
INV. EL. E uJ N W
PROPOS
� :;:: •, IN: 2080.508" DIPS R cn C)
(LINES "A & .B►
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2075
I SHE[
o � 2070
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ui
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32+00 10+00 11+00
' '1

State of North Carolina
Department of Environment
and Natural Resources 1 •
Division of Water Quality
;J
James B. Hunt,Jr., Governor NCDENR
Wayne McDevitt, Secretary
A. Preston Howard,Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 24, 1998
Graham County
DWQ Project 980545
APPROVAL of 401 Water Quality Certification r - --
Mr.Bobby Cagle,Mayor
Town of Robbinsville
PO Box 126
Robbinsville,NC 28771 1:'- :. r`` ;�, ;,I� ; '•i''
Dear Mr.Cagle:
You have our approval,in accordance with the attached conditions and those listed below,for the
purpose of installing a sewer line in Graham County,as you described in your application dated June 9, 1998.
After reviewing your application,we have decided that this impact is covered by General Water Quality
Certification Number 3101. This Certification allows you to use Nationwide Permit Number 12 when it is
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,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 for a new certification. 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). 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 conforming 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 Domey at 919-733-1786.
Pn
,
Howard, r.P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville-Field-Office
Asheville DWQ--Reg%onal Office
Mr.John Dorney
Central Files
980545.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh,NC 27607 Telephone [phone] FAX#[phone]
An Equal Opportunity Affirmative Action Employer • 50%recycled/10%post consumer paper

State of North Carolina
Department of Environment
k
'T 0` •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 23, 1998 a z
Mr. Malcolm George 1= 5U,6
Route 3 Box 153 o C I
Robbinsville, NC 28771
Dear Mr. George: VVpTER
SHEVILLC `
WQC Project#9805 i 3
Graham County
On June 10, 1998, you requested a 401 Water Quality Certification from the Division
of Water Quality for your project(stream dredging) located near SR 1101 and SR 1203 in
Graham County. We have learned that you do not plan to complete this project. Unless
we receive a written response from you by August 5 1998, we will consider that you have
withdrawn this application and are not interested in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss
this matter.
qSi erely
Joh R. Dorney
Wa er Quality Ce i cation Program
cc: (Asheville-DWQ Regional,Offiee-�k
Wilmington District Corps of Engineers
Central Files
John Dorney
980513.clr
Division of Water Quality Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535•Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper

State of North Carolina
Department of Environment
and.Natural Resources
Asheville Regional Office
Michael F.Easley, Governor NCDENR .
William G.Ross,Jr., Secretary
Alan W.Klimek,P.E.,Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
October 25, 2002
Ms. Sue Fugate, Property Coordinator
Alcoa Primary Metals
Alcoa Power Generating, Inc.
Tapoco Division
300 North Hall Road
Alcoa, Tennessee 37701-2516
Subject: Proposed Shoreline Development
Santeetlah Landing Community
Santeetlah Reservoir
Graham County
Dear Ms. Fugate,
I have reviewed the information enclosed in your letter, dated October 17, 2002. All lake
shore impacts to FERC regulated lakes in the State of North Carolina require approval of the
reservoir management agency, in this case Alcoa Power Generating Inc., a Section 404 Permit
from the United States Army Corps of Engineers (USACE) and a 401 Water Quality Certification
from the Division of Water Quality (DWQ). In this case I recommend the applicant contact the
Asheville Regulatory Field Office of the USACE at [phone], for more information on
USACE Section 404 Permits. I have enclosed a Pre-Construction Notification (PCN) Application
Form that will be required for 404 Permitting. Once a 404 Permit has been issued and approval
from Alcoa has been obtained then application should be made to DWQ for 401 Water Quality
Certification, both will be required prior to 401 Certification. I have enclosed an abbreviated
application form for those applying for 401 Water Quality Certification, for those that receive a
USACE.Section 404 General Permit (GP) 30. Should the USACE require an individual permit,
rather than the GP30, the PCN Application Form may be used for applying for the 401 Water
Quality Certification, as well.
Asheville Regional Office,59 Woodfin Place,Asheville,North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled\l 10%Post Consumer Paper

Ms. Fugate
October 25, 2002
Page 2
Once again, I recommend the applicant contact the USACE at [phone]. Should you
have any question regarding this or other water quality issues contact me at [phone].
Sincerely,
Lar Frost
Environmental Chemist
Enclosure
xc: Forrest Westall
David Baker- USACE
Asheville Regional Office,59 Woodfin Place,Asheville,North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled\l 10%Post Consumer Paper

O Alcoa Primary Metals
Alcoa Power Generating Inc.
ALGA Tapoco Division
300 North Hall Road
Alcoa,TN 37701-2516 USA
Tel: [phone]
October 17, 2002 Fax:[phone]
Mr. Forrest Westall
Water Quality Supervisor 7'U C Z I30
NC Division of Water Quality
59 Woodfin Place ;
Asheville, NC 28801
Re: Proposed Shoreline Development— Santeetlah Reservoir
Dear Mr. Westall:
Please find enclosed information outlining a proposed development located along the
shoreline of Santeetlah Reservoir which is operated by Alcoa Power-Generating Inc. —
Tapoco Division as part of the Tapoco Hydropower Project (FERC No. 2169). Tapoco
requires that developers of smaller projects consult with federal and state resource
agencies regarding their proposed development.
Enclosed is a drawing showing the proposed construction of a retaining wall
approximately 2000 feet in length. The.retaining wall is to be constructed of pressure
treated pine and riprap. Please provide to me any written comments on this proposal .
within thirty (30) days. Tapoco will consider agency comments in evaluating the
proposal.
If you have any questions on this proposal please contact me at 865-977-3321. Thank
you for your review.
Sincerely,
Sue Fugate
Property Coordinator
Enclosure

C
D- CORPS ACTION ID:
v
TIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 12
PRE—CONSTRUCTION NOT IFI CAT ION,-AP=PLICAT-12,
In
FOR NATIONWIDE PERMITS THAT REQUIRE:
L
1 11998
1) NOTIFICATION TO THE CORPS OF ENGINE
�_
2) APPLICATION FOR SECTION 401 CERTIFICATV& ,iU1N0S GR01j_
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET) . SEVEN
(7) COPIES SHOULD BE SENT TO THE .N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) , PLEASE PRINT.
1. OWNERS N Town of Robbinsville
2 . MAILING ADDRESS P.O. Box 126 ,��'' ' JUN Z 4
SUBDIVISION:`NAME:
CITY: Robbinsville STATE• NC ZIP CODE• 28771
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) Milltown Sewer Service Area
3 . TELEPHONE NUMBER ( ) : (704) 479-3250 (WORK) : (same)
4 . IF .APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: Bobby Cagle, Mayor
P.O. Box 126, Robbinsville, NC 2877i
(704) 479-3250
S . LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: Graham NEAREST TOWN OR CITY: Robbinsville

West of SR 1127 on Long Creek
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC. ) 'Through dirt road at lumber mill yard to manhole
prior to crossing
6 IMPACTED OR NEAREST STREAM/RIVER: Long Creek/Cheoah River
RIVER BASIN: Little 'Tennessee (Savannah River)
DWG
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY WATERS (HQW) , OUTSTANDING RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-I OR WS-II) ? YES [xj NO [ ] IF YES, EXPLAIN:
Stream- class is C 'Trout
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [x]
7c. I: THE PROJECT IS'-IOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES) , WHAT 1S 7.1-: �� CS:: ?LAN 'Li. ) ^uESI;NATION?
N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] ' NO [x] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO (x ] IF YES, DESCRIBE ANTICIPATED WORK:
2

9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0 . 15±
9b. ESTIMATED- TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0 . 15±
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION•• 0 . 15± (Utility crossing to be
excavated and then
backfilled)
FLOODING'.: OTHER:
DRA_TNAGE: TOTAL ACRES TO BE 131PACTED: 0 . 15±
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCAT=D,. PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: 10 ' ± AFTER: 101 ±
WIDTH BEFORE (based on normal high water contours) : 30 ' ± car
WIDTH -Ax TER: .3 0 ' ± :.r c•1•
AVERAGE"DEPTHBEFORE: 1 . 5 AFTER: 1 . 5 '
(2) STREAM MANNFT, T_wPACTS WTL . REgU T =ROM• (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: X CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12 . DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
3

l
ICAL EQUIPMENT TO BE USED (ATTACH PLANS : 8 1/2" X 11" DRAWINGS
Installation of approximately 75 linear feet of 8" ductile iron gravity
san'ta sewer below creekbed; installation will be via conventional
open cut/backfill method
13 . PURPOSE OF PROPOSED WORK• To replace existing gravity sewer line which
is in degraded condition
i `.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
:OUT IN WETLANDS . (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) • 'Ihe existing 8" gravity sewer is installed below the creekbed and
carries a significant portion of the 'Iown's. sewage flow to an interceptor
sewer across the creek. 'This is in degraded condition and needs replacement.
YOU ARE 'REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRT_TICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES . )
YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17 . DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC. FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
4

rY.ES ( NO (] (IF NO, GO TO 18)
a. --IF YES,- DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
CUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL,
POLICY ACT?
YES [] NO
b. IF. YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [] NO (]
IF ANSWER.- TO 17b IS .YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE :t-cvlEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369 .
18 . THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSE ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS: ,
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38) . ALL STREAMS (INTERMITTn"NT AND PERMANENT) ON T?IE PROPERTY
MUST BE`SHOWN ON THE MAP.- MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS: 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c.. IF DELINEATION WAS PERFORMED BY A CONSULTANT,' INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e WHAT ISLAND USE OF SURROUNDING PROPERTY? Residential with some
commercial
E.. .-_ IF APPLICABLE, WHAT. IS PROPOSE METHOD OF SEWAGE 'DISPOSAL?
5

Gravity sewer
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S . MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) • CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY: IS CONSISTENT WITH THE NORTH CA.ROLINA 'COASTAL MANAGEMENT
PROGRAM.;
I
OWNER' S/AGENT' S SIGNATURE DATE
(AGENT' S SIGNATURE VALID ONLY
I.F AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED
. • 6

z ROBBINSVILLE
w
i
. J
d \
SNOWBIRD GAP
0
l MILLTOWN PROPOSED
CREEK CROSSIN
.
�`_
CA. hex
12809 6
LOCATION MAP
NO SCALE .
APPLICANT: .., ^J.w�;by��€}z � PROJECT:
TOWN OF ROBBINSVILLE �.8.Il8 MILLTOWN SEWER SYSTEM UPGRADE
P.O. BOX 126 TOWN OF ROBBINSVILLE
ROBBINSVILLE, NC 28771 ADJACENT PROPERTY OWNERS:
[phone] 1• HERVE CODY
PROPOSED CONSTRUCTION: P.O. BOX 218
GRAVITY SANITARY SEWER CREEK CROSSING ROBBINSVILLE, NC 28771
LOCATION:
55 BROAD McGl" ll
LONG CREEK, LITTLE TENNESSEE RIVER BASIN A.SHS`^252 NC
-075
• FAX(704)25'�7516
COUNTY: STATE:
GRAHAM NORTH CAROLINA A S S O C -I A T E S
SCALE: NONE DATE: MAY 1998 SHEET 1 OF 3 ENGINEERING-PLANNING-FINANCE

PROPOSED
STA 9+06.4 CONNECT T�
EXISTING MANHOLEel
01 le
-- �'
'Ill ' PROPOSED
'rdvP: MAN HOL,E�K--1
1p
- -� MH1 TOP=2059. \ / \\\� -140.50:-�' i'
INV.=2050.95 \\ / •�1\ ��� lee. el _ � e mo le."
lo
i \ /� r
�/ i> �� '' \\
lop
—�$ -----� ---- /—
PROPOSED ——2065 �\ t �\
8" DIP SEWER LINE 'A"
MINIMUM 4'70" COVER
O Q ----_
PLAN
y • A! SCALE: 1" = 50'
p dig
sa
APPLICANT: PROJECT:
TOWN OF ROBBINSVILLE MILLTOWN SEWER SYSTEM UPGRADE
P.O. BOX 126 TOWN OF ROBBINSVILLE
ROBBINSVILLE, NC 28771 ADJACENT PROPERTY OWNERS:
[phone] 1• HERVE CODY
PROPOSED CONSTRUCTION: P.O. BOX 218
GRAVITY SANITARY SEWER CREEK CROSSING ROBBINSVILLE, NC 28771,
LOCATION:
55 BROAD SIREEP •
LONG CREEK, LITTLE TENNESSEE RIVER BASIN ASEEVEL A NC
Fx.p04>252-0575
FAX[phone]
COUNTY: STATE: EMCGI-11
GRAHAM TNORTH CAROLINA A S S O C I A T E S
SCALE: AS SHOWN I DATE: MAY 1998 SHEET 2 OF 3. ENGINEERING•.PI.ANNING•FINAI

PROFILE _ _----- --
HOR. SCALE: 1" = 50'
r2065 VER, SCALE: 1" = 5'
/
2060 /
1
2055 \ /
\ / INV. EL. IN: 2058.00
14 .5
2050
INV. IN: 2051.00
INV. EL, OUT: 2051.70
2045
W W
v r
00 W h
Z J
w
0 Ill
z N + �� GI
r ��N�•
co Ill 0 0 erp$"F bb��tb�k
6•g'9g
9+00 10+00 11+00 12+0
APPLICANT: PROJECT:
TOWN OF ROBBINSVILLE MILLTOWN SEWER SYSTEM UPGRADE
P.O. BOX 126 TOWN OF ROBBINS%ALLE
ROBBINSVILLE, NC 28771 ADJACENT PROPERTY OWNERS:
[phone] 1- HERVE CODY
PROPOSED CONSTRUCTION: P.O: BOX 218
GRAVITY SANITARY SEWER CREEK CROSSING ROBBINSVILLE, NC 28771.
LOCATION:
55 BROAD STREer McGl"ll
NC
LONG CREEK, LITTLE TENNESSEE RIVER BASIN AL(7D4) 52- 575
PH.[phone]
PAX(704)252-2518
COUNTY: STATE:.
GRAHAM TNORTH CAROLINA A S S O C I A T E S
SCALE: AS SHOWN DATE: MAY 1998 SHEET 3 OF 3 ENGINEERING•PLANNING-FINANCE,

Michael F.Easley, Governor
7 William G.Ross,Jr.,Secretary
CO r North Carolina Department of Environment and Natural Resources
.—I
Alan W.Klimek, P.E.,Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
February 25, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert H. Moseley
Cherokee Realty
Post Office Box 36
Robbinsville, North Carolina 28771
Subject: Review of 401 Certification Application
The Landings at Lake Santeetlah
DWQ Project No. 03-0041
Graham County
Dear Mr. Moseley:
As Mr. Larry Frost and 1 discussed with you by telephone on February 25, 2002, the
Division of Water Quality cannot issue a 401 Certification for this project, because you do not own
the property below the 1817 contour line in Lake Santeetlah. Also, according to the December
20, 2002 letter from Alcoa Power Generating, Inc. — Tapoco Division, their policy, in accordance
with their Federal Energy Regulatory Commission (FERC) license, is that they will not issue a
permit for construction of retaining walls below the 1817 contour line.
Also, as I explained during our site visit of February 18, 2003, at Lake Santeetlah, if the
retaining wall is constructed above the ordinary high water mark of the lake (1817 contour line)
and is not constructed in wetlands or streams, a 401 Water Quality Certification is not required.
Therefore, we are placing this project on hold until you decide how you will proceed with your
project. If you decide to withdraw your application, a letter requesting that you application be
returned will be required.
Until we receive additional information on how you plan to proceed, we are placing your
project on hold for our processing purposes due to incomplete information, in accordance with
15A NCAC 21-1.0507 (h). If you have questions, please call Mr. Larry Frost or me at 828-251-
6208.
Sincerely,
Michael R. Parker
Environmental Specialist
xc: Dave Baker-COE
Dave Penrose

MEMORANDUM
TO: John Dorney Regional Contact: -Michael R. Parker
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
................... ...................................................................... .................... ..............................
.............. ...... .... ...
................ ....... ................. ... ......... ...... ............................... .................... .........%...................,:......
..... ......................................................... ...................
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.....................................
..............................
................... .... ........
.............................. .................................. ..... . . ..................................................... ........... ...................... ...
.......... .............. ... .......
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..................
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............................ .......
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... ............I——.......... .......
.......... ............... .............................. ..... ......
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........ -----------_-
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.... ..........................%...........
........ ...... ..................
....................................... ... ............
a .........................
s.01........... t
.............. ................. ........ . ------------ . .........................
......
......... .. ......
Certificates .................. ...... _ ...:1 .:.......... X.
'S
......... Stream Impacts(ft.)
............ . ...............
................ ........................................*:,:,::,:,:,:::::,:::::::,:,:::: ::i:::::,:::::,
.... ............... -------
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A ... ....... .4
TMI.
......... '.WN t "t MW-M ` : 4............
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.... ............ Ric)::.::.::
.........
.. .........
...... ...........li d6 "S .0.0
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... ................................... ......................... . .....
. ......................
FG-P30 FWaters P-)F-ON 1 -12-190-(5) 'F_BF_TR F40-,404. r-0.34 F- F2-,000.0 F_
...................................................... .. .... .....
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... .........
... .........
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...................% .......
.........................
.........................
...................
Mitigation
...........
.............
ic ...........
........................... ...............
..........
Xli
Is Wetland Rating Sheet Attached? 0 Y (0 N Did you request more info? (6 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 6Y ON
Is Mitigation required? OY ON Recommendation: 0 Issue 0 Issue/Cond 0 Deny
.............
...........
....................... ......
Provided by Region: Latitude (ddmmss) Longitude(ddmmss)
............... ...........................
. .................... ................. .
................
Comments:
Placed project on hold- Want to build in Lake Santeetlah. Applicant does not own property nor
do they have permission from Alcoa to build below the 1817 contour line. Requested addflonal
information 02/25/03.
cc: Regional Office Page Number 1
Central Office

02/24/2003 15:52 6284798760 CHEROKEE REALTY PAGE 02
Alc®a Primary Mewls
Alcoa Power Generating Inc.
A�COes. Tapoco OiViSIOn
300 North Hall Road
Alcoa,TN 37701-2516
Tel: [phone]
Fax: [phone]
December 20, 2002
1v4r. Robert H. Moseley
p0 Box 36
Robbinsville,NC 28771
Re: proposed Ground Squirrel Development
Dear Mr. Moseley_
This will serve to follow up on recent discussions we have had with you concerning the
development plans and erosion control on the property you purchased at Ground Squirrel_
Qur representatives have completed remarking of approximately 2000 feet of the"1817
contour"(Tapoco datum) which, as you know,defines our property line in this area. The
property line is part of the:Federal Energy Regulatory Commission's project No. 2169,
and we are required under the terms of our license to protect the boundary and keep it
clear of all encroachments.
Alcoa power Generating Inc. —Tapoco Division's current policy is to pe=dt retaining
walls outside of 1 817' contour of tine Reservoir. Tapoco recommends,where possible,
installation of rip-rap or other more"natural" forms of erosion control over retaining
walls as rip-rap provides wildlife access to the reservoirs.
Developers on santeetlah Reservoir are required to consult with State and Federal
resource agencies regarding the proposed development- Tapoco will rely on the
comments ofthe reviewing agencies regarding necessary changes to the proposal. .After
agency comments have been addressed, Tapoco will send an application to Federal
Energy Regulatory Commission for review and approval.
We look forward to working with you on this proposal-
Sincerely,
Sue Fugate
Property Coordinator

02/24/2003 15:52 9284798760 CHEROKEE REALTY PAGE 01
YJ
CHEROKEE REALTY
1I.S.129 BY-PASS- P.O.BOX 36
ROMNSVILLE,NORTH CAROLINA 20111
[phone] FAX[phone]
EMAIL:CBZR0XEF.@GkAH,AM.MAIN.NC.US
FACSIMXLE COVER SHEET
DATE: r Cf
TO:
COMPANY: �--
FROM:
RE:
NUMBER OR PAGES TRANSMITTED
INCLUDING COVER PAGE: '
This message is intended only for the use of the individual or entity to which it is accessed and may
contain information that is privileged,confidential and exempt from disclosure under applicable law.
It the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by telephone, and return the
original message to us at the above address via the U.S.Postal service.Thank you.
FURTHER
INSTRUCTIONS:
PLEASE CAl<,I.[phone] IF YQ11 DO NOT EIVE ALL PAGES TRANSMITTED,
THANK YOU. (/2
J
. 1
CHEROKEE REALTY

\IgATF Michael F. Easley,Governor
`OHO RQG William G. Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
rAlan W.Klimek, P.E. Director
> Division of Water Quality
o
February 4, 2003
MEMORANDUM
TO: Forrest Westall FEB
Asheville Regional Office
%HATER OUALIT(SECTION
FROM: -- John Dorney do NEViLL REOIONALOFFICE
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. The Landings
030041
Graham Co. Central Office Received 01/31/03, clock expires 03/30/03
Need RRO comments by 03/16/03.
The other enclosed material is for your general information and use as appropriate.
Enclosures
�4CDENR
N.C.Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

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:
n R L1m:;i L_
Division of Water Quality Wetlands Unit
1650 Mail Service Center �i IN 6 200
Raleigh;NC 27699-1650 ='
I
WETLANDS
z. I�dATcr� t�ALI Ty Ste#
I. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address: P o. Box 3
�o ,i,�ssv��►E, N� 2-8771
Telephone.Number: 8 28- 4 7 5-644 J.. Fax Number: 6 28- 'P9_6,44(
E-mail Address: I. . .�..
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:. . .J Pay L .. .���r.l . E-.
.. . .... ..... ....
Company Affiliation: Q ►.L a soc te.
Mailing Address: P.O. Box 1'1f_05
$ so►� CiI , I�IG 28713
Telephone Number: -488-8 4 Fax Number: 828-488=8758
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 .

v
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: Gr=A Nearest Town: S T D
Subdivision name or site address (include phase/lot number): �E ►Lys
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time. of this
application:
3. Property size(acres):
4. Nearest body of water(stream/river/sound/ocean/lake): L­644E S1'~
5. Describe the purpose of the proposed work: -Of 'q�'W lie, kkL&L' I
Cc*4T12-01 ToL-
:FAc4 -nEs
6. List the.type of equipment to be used to construct the project:..
.1�oz�. Fart ��►�� s�� /U e����,.
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 411 '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: 4
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): L Iq6L;ILy Wavpm Op.T- ;Aeeo
O � s o►�l , .
L/ffjd
Ap is nt' ignature Date
( ent' tur is valid only 3
f an authorization letter from the applicant is provided.)

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Triage Check List
Date: z/;0 3 Project Name:
DWQ#:
County:
To: ['. ARO Mike Parker ❑ WaRO Tom Steffens
❑ FRO Ken Averitte ❑ WiRO Noelle Lutheran
❑ MRO Mike Parker ❑ WSRO Cyndi Karoly.(Central Office)
❑ RRO Steve Mitchell
From: _ K1Lg_, o Telephone : (919) -7 33 i 7 r
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
❑ Stream length impacted
❑ Stream determination
❑ Wetland determination and distance to blue-line surface waters on USFW topo maps
Ez-Mm- unization/avoidance issues
❑ Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
❑ Pond fill
❑ Mitigation Ratios
❑ Ditching
❑ Are the stream and or wetland mitigation sites available and viable?
❑ Check drawings for accuracy
❑ Is the application consistent with pre-application meetings?
❑ Cumulative impact concern
Comments: Jptw�e� c:�� ;�`��� ten, �,�• s (�� -� i ss i
'l;�v` 1�.v� Y� �y1�'2.�v� V�J�,.�X s� 1 i�C� � ,s-+2� vlo� t���1�1P�l r•2.s
S
�-

OF W A7, 9 Michael F. Easley,Governor
Q William G.Ross Jr.,Secretary
G North Carolina Department of Environment and Natural Resources
F
r— Alan Klimek,P.E., Director Division of Water Quality
January 17, 2003
DWQ# 03-0041
Graham County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Robert H. Moseley
Post Office Box 36
Robbinsville,NC 28771
Dear Mr. Moseley:
On January 16, 2003.the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of constructing a retaining wall at The
Landing Subdivision in Graham County. Approval from DWQ is required to disturb these waters.
Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply.
Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine
your projects' compliance with 15A NCAC 2H .0500.
1. Please show all impacts to water including full pond level and the proposed area of fill.
2. Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
Please telephone Ed Schwartzman 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.
Sincerely,
o Pr� .
R. D rney
4 1 Water Qual' ertification Program
JRD/bs
cc: Asheville DWQ Regional=Off%ce
Asheville Corps of Engineers
Central Files
File Copy
Jeffrey L. Herron, Herron Associates, Post Office Box 1265, Bryson City,NC 28713
S i`J ? 9 2003
AAM
N. C.Division of Water Quality,401 Wetlands Certification Unit,
1 50 Mail Service Center,.Raleigh, NC 27699-1650(Mailing Address)
21 6�01Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
9)733-1786(phone),919-733-6893(fax),(http://h2o.enr.state.nc.uslncwetiands

NjgTF9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
\ QG North Carolina Department of Environment and Natural Resources
r
Alan W.Klimek,P.E.,Director
o Division of Water Quality
ET�November 8, 2004 E `J v
Mr. Randall M. Overbey, President
1
Alcoa Power Generating Inc. �!(1',1 1 0
Tapoco Division
300 North Hall Road
Alcoa, TN 37701-2516 WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Dear Mr. Overbey:
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act for the Tapoco
Hydroelectric FERC Relicensing Project
WQC Project#03-0191
FERC Number 2169
Graham and Swain Counties
Attached hereto is a copy of Certification No. 3447 - revised issued to Alcoa Power Generating,
Inc—Tapoco Division dated November 8, 2004. If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
rsingManager;
Attachments
Cc: Norman Pierson; Property and iReeGenerating Inc., Tapoco
Division, 300 North Hall Road, Alcoa, TN 37701-2516
LarryFrost Asieidle DVIfQRegionaLOffees�,
File Copy
Central Files
Darlene Kucken; DWQ Basinwide Planning Program Unit
Steve Reed, NC Division of Water Resources
Chris Goudreau NC Wildlife Resources Commission
Mark Cantrell,US Fish and Wildlife Service -Asheville
John Boaze; Fish and Wildlife Associates (rep. for EBCI)
Sueanna Sumpter, NC Attorney General's Western Office
David Poe; LeBoeuf, Lamb, Greene and MacRae; 1875 Connecticut Ave. NW
Suite 1200; Washington, DC 20009
ORMR
D 1ENR
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)
M101 7R4_47AA/nh-1 Q1Q-733-RRQ3 lfnvl /httn•llh9n anr_ctata_naiic/ncwPtlanris

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division
of Water Quality("DWQ") Regulations in 15 NCAC 2H, Section .0500. It is issued to Alcoa
Power Generating, Inc. —Tapoco Division ("the applicant") in Graham and Swain Counties
pursuant to a revised application filed on the 19th day of February, 2003 with a revision dated
March 18, 2003 (extension to October 20, 2003) to, among other things, retain the Santeetlah and
Cheoah Dams on the Cheoah and the Little Tennessee Rivers.
The application provides adequate assurance that the retention of fill material into the
waters of the Cheoah and Little Tennessee Rivers in conjunction with retention and operation of
theses dams and other project activities will not result in a violation of applicable Water Quality
Standards, discharge guidelines and other applicable State laws. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the revised application. If you�hange your project, you must notify
us and 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. For this approval to be valid, you must follow the
conditions listed below. The issuance of this Certification shall not exempt the applicant from
complying with any and all statutes, rules, regulations, or ordinances that may be imposed by
other government agencies (local, state and federal) which have jurisdiction, including but not
limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation
control requirements in 15A NCAC Chapter 4 and under the Division's General Permit
NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200, 15A
NCAC 211 .0500 and 15A NCAC 211 .1300.
Conditions(s) of Certification:
1. The Applicant shall release aquatic base flows from Santeetlah Dam in the magnitude
and for the duration described in Table 1. The Applicant shall determine the aquatic base flow
for each month by calculating the average daily inflow(ADI) value for the preceding three
months. The Applicant shall calculate the ADI using its recorded measures of daily change in
reservoir elevation and total discharge (generation flows plus instream flow releases, high flow
event releases and flood discharge flows). If the ADI is greater than the historic 25th percentile
average flow for that month(Table 2), the Applicant shall release flows according to Tier A. If
the ADI is less than or equal to the historic 25th percentile average flow for that month, the
Applicant shall release flows according to Tier B.
Each Friday, the Applicant shall project inflow for the next ten days,which is the
"planning period." The water requirement for the planning period is the volumetric sum of base
flows; high flow event releases, if any; flood discharge flows,.if any; Santeetlah Reservoir

Operating Curve increase, if any; and generation. The water available for the planning period is
the volumetric sum of storage above the Santeetlah Reservoir Operating Curve and the planning
period projected inflow. During normal operations, generation will be adjusted to maintain
Santeetlah reservoir elevations at or above the Santeetlah Reservoir Operation Curve. Except as
necessary to meet other requirement of this Certification, such as aquatic base flows and the
Santeetlah Reservoir Operating Curve, generation is not restricted for normal operations.
In order to allow state and federal agencies to complete the collection of three full years
of baseline data in the Cheoah River below Santeetlah Dam, subject to the determination of the
.Federal Energy Regulatory Commission("FERC") in issuing a new license for P-2169, the
Applicant shall release aquatic base flows starting September 1, 2005 or starting in the month
after the effective date of the License, whichever is later.
Table 1. Aquatic base flow releases from Santeetlah dam into the Cheoah River.
Flow Rate(cfs)
Month Tier A Tier B
January 50 \50
February 100 0
March 100 9
April 100 90
May 90 80
June 60 60
July 60 50
August 50 40.
September 50 40
October 50 40
November 50 40
December 60 50
Table 2. Historic 25th percentile average flow for Cheoah River.
Month Threshold Flow(cfs)
January 256
February 446
March 484
April 615
May 617
June 526
July_ 403
August 289.
September 208
October 141
November 116
December 148
2. The Applicant shall provide high flow events,which follow a repeating five-year
schedule for the term of the License according to Table 3.
-2-

In order to allow state and federal agencies to collect three full years of baseline data in
the Cheoah River below Santeetlah Dam, subject to the determination of FERC in issuing a new
license for the project, the Applicant shall provide high flow events starting September 1; 2005
or in the month after the effective date of the License,whichever is later.
Table 3. High flow releases for the Cheoah River.
High Flows Year 1 Year 2 Year 3 Year 4 Year 5 Magnitude(cfs)
Event Days Event Days Event Days Event Days Event Days Day Day Day
s s s s s 1 2 3
January
February 1 2 1 2 1 2 1 2 1 2 1000 Var
March 1 3 1 3 1 3 1 3 1 3 1000 6002 300
April 2 5 3 6 2 5 2 5 3 6 1000 850 300
May 2 4 2 4 3 6 3 6 3 6 1000 850
June 1 2 1 2 1 2 1000 850
July 1 2 1000 850
August 1 1 1000
September 1 1 1 Y ` 1000
October 1 1 1 1 1 1 1000
November 1 1 1 1 1 1 1 1 1 1 1000
December
Total: 10 19 10 19 10 20 10 '19 10 20
600 cfs from hour 15 to hour 19,400 cfs from hour 20 to hour 34;200 cfs from hour 35 to hour 47; 100 cfs for
hour 48
2 600 cfs from hour 16 to hour 36; 300 cfs from hour 37 to hour 48
3 12:00 a.m. (midnight)shall be the starting point for determining the appropriate time for initiating and changing
flow releases
a. The Applicant shall release high flows via the Tainter gates at Santeetlah Dam. The
Applicant shall use the headwater elevation of Santeetlah Reservoir to determine the gate
opening necessary to make the required high flow release from Santeetlah Dam. The Applicant
shall use the downstream gage at Bearpen Gap during the initial system set up to confirm the
required gate positions to make the flow releases;
b. The Applicant shall schedule high flow events on weekend days (Saturday and Sunday);
schedule three day events on Saturday, Sunday and Monday;
C. The Applicant shall schedule the March event for the third weekend in March and the
November event for the first weekend in November;
d. The Applicant shall schedule one 3-day high flow event in April in years 1, 3, and 4 of
the repeating sequence;
e. The Applicant shall ramp high flow events at 2-inches per hour for.flows between the
aquatic base flow and 100 cfs. The Applicant shall use the downstream gage at Bearpen Gap
during the initial system set up to confirm the required gate positions and gate frequencies in
order to ramp the high flow events;
-3-

i
f. For 2-day events in February, the release duration is 4 hours for day 1; releases are
targeted to begin at hour 11;
g. For 1-, 2-, and 3-day events in March through November, the release duration is 8 hours
for the day 1 high flow releases; releases on day 1 are targeted to begin at hour 8 in March, April,
October, and November, and at hour 9 in May through September;
h. For 2-day events in April through July, the release duration is also 8 hours for the day 2
high flow releases; releases on day 2 are scheduled to begin at hour 8 in April and at hour 9 in
May, June, and July;
i. For 2-day events in April through July, after the end of the 8 hours of high flow on day 1,
the flow will be reduced to 500 cfs until the beginning hour of high flow on day 2;
j. The Applicant shall schedule single day high flow events between September and
November with a minimum of 10 days between events.
k. The Applicant will provide 12 months prior notice to the U.S. Fish and Wildlife Service
(USFWS), the U.S. Forest Service (USFS), the North Carolina Wildlife Resources Commission
(NCWRC), the North Carolina Department of Environment and Natural Resources (NCDENR),
the Eastern Band of Cherokee Indians (EBCI), and Graham`�County of the proposed schedule of
high flow events.
3. The Applicant shall convene an annual planning meeting in early October of each year
which shall include NCDENR,NCWRC, USFS,USFWS and EBCI. If NCDENR, NCWRC,
USFS, USFWS and EBCI notify the Applicant prior to the annual meeting that they have
determined by consensus that unanticipated circumstances have arisen that indicate that
additional aquatic habitat enhancement would result from the reallocation of waste previously
committed to the aquatic base flows and/or high flow event schedule as required in Conditions 1
and 2,then the Applicant shall discuss with these entities the reallocation of water for aquatic
habitat enhancement purposes within the aquatic base flow regime and/or the high flow event
schedule for the year. The Applicant shall cooperate with NCDENR,NCWRC,USFS,USFWS,
and EBCI in implementing any requested water reallocation, with due consideration given to the
following factors.
a. Any reallocation requests shall be based on periodic (i.e. every several years)re-
evaluations of aquatic conditions in the Cheoah River by the above-listed entities;
b. Any requested reallocation shall be designed to minimize any additional lost generation
(either in lost megawatts and/or lost value) and operating costs;
C. Under no circumstances shall water allocated as part of the aquatic base flow regime be
utilized for high flow events and vice versa; nor shall water from one year be reallocated to any
other calendar year;
-4-

d. Any requested reallocation of water must be able to be accommodated with the gate
structures in existence at that time;
If agreement is reached on reallocation, the Applicant shall take all reasonable and necessary
actions to implement the agreement on reallocation. The Applicant shall make a filing with
FERC requesting the approval of the requested revised allocation of flows for that calendar year,
and upon FERC approval will implement the revised aquatic base flow regime and/or high flow
event schedule.
4. Starting in October 2010, in conjunction with the annual planning meeting required in
Condition 3 above, the Applicant will consult with USFWS,USFS, NCWRC,NCDENR,EBCI
and Graham County regarding the possibility of providing additional high flow events on a trial
basis in addition to the high flow events contemplated in the repeating five year schedule
included in Condition 2 above.
If,NCDENR notifies the Applicant that they are in full concurrence that biological
recovery in the Cheoah River has proceeded to a point that additional high flow events should be
scheduled and evaluated on a trial basis, then the Applicant will consult with USFWS, USFS,
NCWRC, NCDENR, EBCI and Graham County, to determine the specific number, magnitude
and timing of such additional trial high flow events.
`1
In the event that the Applicant and NCDENR agree on the provision of additional trial
high flow events, then no later than 60 days prior to the anticipated start of the additional high
flow events, the Applicant shall file for FERC approval a plan of the proposed revisions to the
repeating five year schedule of high flow events.
In conjunction with the subsequent annual planning meetings, the Applicant will consult
with the USFWS, USFS,NCWRC,NCDENR, and EBCI in order to determine whether to
terminate, continue, or modify the additional trial high flow events, or to recommend to FERC a
permanent change in the repeating five year schedule of high flow events. The determination
shall be based on USFWS, USFS,NCWRC,NCDENR, and EBCI's assessment of the effects of
the additional trial high flow events on the Cheoah River aquatic and associated riparian
biological communities, on water levels in Santeetlah Reservoir, and other water-quality related
issues.
The Applicant shall make additional filings, as appropriate, notifying FERC of any
additional requested revisions to the repeating five year schedule of high flow events, and upon
FERC approval will implement the revised high flow event schedule.
5. If inflow is not adequate to provide high flow releases and maintain required reservoir
levels while maintaining instream flows, then equitable reductions in Santeetlah Reservoir water
levels, and high flow releases to the Cheoah River will be made as follows. If the water
available for the planning period (as defined in Condition 1) is less than the water requirement
with no generation for the scheduling period the following low flow stages will be implemented.
The low flow stage will remain in effect until the next planning period when the water
requirement is compared to the water available. If the water available is less than the water
-5-

i
requirement, the next stage will be implemented. I,the water available is greater than the water
requirement the previous stage will be implemented or normal operations if at Stage 1. If the
actual inflow is appreciably different than the projected inflow the Applicant may make
adjustments to the low flow stage during the planning period.
Stage l: Reduce high flow duration by 25% (2 hours for each day of the high,flow event).
Elevation minimum decreased by 0.25 feet below.o�perating curve.
Stage 2: Reduce high flow duration by 50% (4 hours for each day of the high flow event).
Elevation minimum decreased by 0.50 feet below the operating curve.
Stage 3: Reduce high flow duration by 100%. Elevation minimum decreased by 0.75 feet below
the operating curve.
Stage 4: Elevation minimum decreased by 1.0 feet!below operating curve. If continuous
discharge is at Tier A reduce continuous discharge from Tier A to Tier B level.
Stage 5: Continue releasing Tier B continuous disc harge1through spillway gates until elevation
reaches bottom of the spillway gates (or valve).
Stage 6: Reduce continuous discharge to inflow.
Based on actual experience, the Applicant may consult.with state and federal agencies to
modify the Low Inflow Protocol. If agreement is reached with NCDENR on modifying the
protocol, the Applicant shall make a filing with FERC requesting approval of the proposed
modification and upon FERC approval will implement the modified protocol
6. The Applicant shall continue funding the existing U.S. Geological Survey([JSGS)
Bearpen Gap gage-(Station No. 0351706800) on the Cheoah River below Santeetlah Dam.
Additionally, the Applicant shall install and maintain a calibrated staff gage, or the equivalent, at
the Joyce Kilmer Bridge to allow for the visual confirmation of Cheoah Rivers flows. The
Applicant shall also make available the calculated release to the Cheoah River at the Santeetlah
dam on an hourly basis via the Internet.
7. Prior to the completion of the gate modifications required in Condition 8 below,the
continuous base flow release shall consist of a flow, of approximately 50 cfs released through an _
existing Tainter gate at Santeetlah Dam. Prior to the completion of the Tainter gate automation
required in Condition 8 below, high flow events shall be made with consideration of the
following factors:
a. Releases from November 1 through Marc hl 31 will be scheduled to occur during the
regular work week (Monday through Friday) to minimize additional personnel costs associated
with releases on weekends using the existing gates and related equipment; releases from April 1
through October 31 will occur on weekends;
-6

b. Releases will be initiated using the "Year 1" release schedule in Table 3 and subsequent
years will use "Year 2", "Year 3" etc.;
c. Ramping rates will not apply;
d. The Applicant shall make reasonable effort to provide the high flow events according to
the high flow event schedule in Table 3, however some variation in terms of actual timing of
events may occur during this interim period until the gate modifications are complete.
8. To accommodate release of the aquatic base flow and high flow events, the Applicant
shall add "piggy-back" gates to, and automate, either two or three of the existing Tainter gates on
Santeetlah Dam within 24 months of the effective date of the new license. The Applicant may
deviate from the Santeetlah Operating Curve, the aquatic base and high flow releases during the
winter drawdown period to allow for construction in the field of the modified Tainter gates.
Within 90 days of the effective date of the new license, the Applicant shall file, for approval by
FERC, a plan and schedule for modifying the Tainter gates.
9. The Applicant shall operate Santeetlah Reservoir`according to the following operating
rules except when operating under the Low Inflow Protod9l (Condition 5):
a. From January 1 to March 1, the elevation of Santeetlah Reservoir shall not drop below
elevation 1931 ft.
b. From March 1 to April 1 the elevation of Santeetlah Reservoir shall not drop below the
line between elevation 1931 ft. on March 1 and elevation 1936 ft. on April 1.
C. From April 1 to June 23, the elevation of Santeetlah Reservoir shall not drop below
elevation 1936 ft.
d. From June 23 to July 1 the elevation of Santeetlah Reservoir shall not drop below the line
between elevation 1936 ft. on June 23 and elevation 1937 ft. on July 1.
e. From July 1 to September 8, the elevation of Santeetlah Reservoir shall not drop below
elevation 1937 ft.
f. From September 8 to September 16 the elevation of Santeetlah Reservoir shall not drop
below the line between elevation 1937 ft. on September 8 and 1936 ft. on September 16.
g. From September 16 to November 1, the elevation of Santeetlah Reservoir shall not drop
below elevation 1936 ft.
h. From November 1 to December 1 the elevation of Santeetlah Reservoir shall not drop
below the line between elevation 1936 ft. on November 1 and elevation 1931 ft. on December 1.
i. From December 1 through December 31, the reservoir elevation shall not drop below
elevation 1931-ft.
-7-

10. The Applicant shall monitor the elevation of Santeetlah Reservoir on an hourly basis
using a water level sensor located upstream of the gatehouse, on the upstream face of the intake.
The Applicant shall electronically transmit the water level data recorded by the sensor to the
dispatcher's office in Alcoa, Tennessee. .The Applicant shall make available Santeetlah
Reservoir elevation data on an hourly basis via the Internet.
Based on actual experience, the Applicant may consult with interested parties on the actual water
level results at Santeetlah from the management practices implemented. The Applicant may
implement only minor adjustments of the Santeetlah Reservoir Operating Curve, and only after
such consultation and approval by the North Carolina Division of Water Quality(DWQ).
11. During emergencies and for planned project maintenance or inspection activities, the
Applicant may vary from the reservoir operating curve, vary flows below the required aquatic
base flows or lake levels, or vary from the high flow release schedule. Under such conditions,
the Applicant shall notify the NCDENR, NCWRC,.USFS and USFWS in writing and via
telephone according to the following schedule. For planned project maintenance or inspection
activities, the Applicant shall notify said agencies no less than 15 days prior to the variance. For
unforeseen circumstances required by an operating'emergency, the Applicant shall notify the
same agencies in writing as soon as practical, but not more\than 7 days after the beginning of the
event. If requested by DWQ, the Applicant shall expeditiously consult with any concerned
agency to discuss the Applicant's emergency, maintenance and inspection activities, and the
Applicant shall give due regard to any agency's recommendations. In lieu of the aforesaid
requirements in this paragraph, the Applicant may develop and implement a protocol to manage
reservoir levels and flows during emergency, maintenance and inspection activities. If DWQ
determines that any recurring variances may have an adverse effect on water quality, DWQ may
require the Applicant to develop and implement a protocol to minimize the impacts of the
Applicant's emergency, maintenance and inspection activities on water quality. No protocol will
become effective without approval by DWQ. The Applicant shall take all reasonable and
necessary actions to implement any such protocol.
12. The Applicant shall identify and report in writing existing and proposed consumptive
uses to DWQ and the N.C. Division of Water Resources (DWR). The.Applicant shall report the
existing or projected(as appropriate) average consumptive withdrawal and maximum capacity
for each withdrawal. The Applicant shall report existing consumptive uses to DWQ and DWR
within 60 days of the acceptance of the License and shall report proposed,new or expanded
consumptive uses to DWQ and DWR within 30 days of receiving a request for the proposed new
or expanded withdrawal and before submitting any requests to FERC.
13. The Applicant shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with section 303(d) of the
Clean Water Act, 33 U.S.C. § 1313(d)) and any other appropriate requirements of State law and
federal law. If DWQ determines that such standards or laws are not being met(including the
failure to sustain a designated or achieved use or to comply with any new or amended water
quality standards or other appropriate requirements of State or federal law) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance,DWQ
-8-,

may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 211.0507(d).
Before modifying the Certification, DWQ will notify the Applicant and FERC,provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions will be provided to the
Applicant in writing,will be provided to the U.S. Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Federal Water Pollution Control Act, 33 U.S.C. §
1344, for the project, and shall also become conditions of the License. The conditions of this
Certification are not modified or superseded by any condition or article of the License.
14. This Certification does not grant or affirm any property right, license or privilege in any
waters or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights or water use rights of any other person, and this
Certification does not create any prescriptive right or any right of priority regarding any usage of
water. No person shall interpose this Certification as a defense in any action respecting the
determination of riparian or littoral rights or other water use rights. No consumptive user is
deemed by virtue of this Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on
which the withdrawal was initiated or expanded. This Certification issues on the express
understanding of DENR that,pursuant to Federal Power Aft section 27, 16 U.S.C. § 821, the
License does not establish or determine a proprietary right to any use of water. It establishes the.
nature of the use to which a proprietary right may be put under the Federal Power Act.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties or other enforcement action. This Certification
shall become null and void unless the above conditions are made conditions of the FERC Permit.
This Certification shall expire upon expiration of the FERC permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing
upon written request within sixty(60) days following receipt of this Certification. This request
must be in the form of a written petition conforming to Chapter 150B of the North Carolina
General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. If modifications are made to an original Certification, you have the right to
an adjudicatory hearing on the modifications upon written request within sixty(60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This is the 8th day of November 2004
DIVISION OF WATER QUALITY
mek, P. .'Dir
e r
Certification Number 3447 modifie .
-9-

Certificate of Completion
DWQ Project No.:03-0191 modified County: Graham and Swain Counties
Applicant: Alcoa Power Generating, Inc.,—Tapoco Division
Project Name: Tapoco Hydroelectric FERC Relicensing Project
Date of Issuance of 401 Water Quality Certification: November 8, 2004
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 this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications and other supporting materials.
Signature: Date:��
Agent's Certification �.
hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date: .
If this project was designed by a Certified Professional
I, , as a duly registered Professional - (i.e.,
Engineer, Landscape Architect, Surveyor, etc) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time)the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Registration No. Date
2

OF W ATF9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
�? r
� � Alan W.Klimek,P.E.,Director
O Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
March 15, 2004
McDowell County
DWQ Project#: 04-326
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
with ADDITIONAL CONDITIONS
G. Dale Austin R
Post Office Box 1300
Burnsville,NC 28714 MAR 19
2004
Subject Property: Bear Cliff Subdivision,Phase I, Lot#9
WATER QUALITY SECTION
Dear Mr. Austin:
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 on Lake James for the purpose of
installing rip rap to stabilize approximately 213 feet of shoreline, as described within your application
dated March 4, 2004. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3373, which may be viewed J,bn.: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"oth'er-,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.
Conditions of Certification:
1. 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.
C1I
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 .

Page 2
Mr. Austin
Date: March 15, 2004
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.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
iIf 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 Kevin Barnett at our
Asheville Regional Office at 828-251-6208.
Sincerely,
Klimek,P.E.
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Ash v�i=11e�DWQ�R�egronar fffcea
File copy
Central Files
Sue Harmon,Permits Etc.

F WA Michael F.Easley,Govern/ ,
William G.Ross Jr.,Secretl.,---_
�O G7 1 North Carolina Department of Environment and Natural Resources
t.-
> _q Alan Klimek,P.E.,Director
Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
April 14, 2004
DWQ#04-0345
McDowell County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Black Bear Development, Inc.
Post Office Box 1122
Marion,NC 28752
Subject Property: Bear Cliff Subdivision on Lake James Road
On March 8, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application with
additional information received on April 7, 2004 regarding your plan to fill wetlands or waters for the purpose of
shoreline stabilization in McDowell County. Approval from DWQ is required to disturb these areas. Please
provide 7_copies of the following information and refer to the DWQ # listed above in your reply. Please show
these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 2H .0500.
1. Please indicate all buffer impacts on the site plan as required by the Catawba River buffer rules.
2. Please indicate the location of the protected buffers as overlays on the site plan.
3. Please indicate the diffuse flow provision measures on the site plan.
4. Please indicate whether or not the proposed impacts already been conducted.
5. Please provide a site plan map with the normal water level of the lake and the riparian buffer lines to
determine if you need to apply for the riparian buffer impacts along with your FERC application.
Please telephone Debbie Edwards at 919-733-9502 if you have any questions or would require copies of our rules
or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not hear
from you by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to
pursue the project and will consider it withdrawn.
Sincerely,
o n R. Dorney
0 Water Quality7Cefication Program
JRD/bs
cc: Asheftlle�DWQ:Regional office
Asheville Corps of Engineers D
Central Files
File Copy APR 15
West Consultants,405 South Sterling Street, Morganton,NC 28655
WATER QUALITY SECTION
ASHEVILLE.REGIONALOFFICE
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/newe.tiandsl
Customer Service#: 1-877-623-6748

�OF`N A r�9Q Michael F.Easley,Governor
William G.Ross Jr.,Secretary
�O G North Carolina Department of Environment and Natural Resources
p
Alan Klimek,P.E.,Director
N" Division of Water Quality
Coleen H.Sullins,Deputy Director
AvX� Division of Water Quality
March 15, 2004
DWQ#04-0345
McDowell County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Black Bear Development, Inc.
Post Office Box 1122
Marion, NC 28752
Subject Property: Bear Cliff Subdivision on Lake James Road
On March 8, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding
your plan to fill wetlands or waters for the purpose of shoreline stabilization in McDowell County. Approval
from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to
the DWQ#listed above in your reply. Please show these on maps of suitable scale(for instance 1"= 100 feet) so
we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
1. Please provide a location map for the project.
2. Please indicate all buffer impacts on the site plan.
3. Please indicate proposed lot layout as overlays on the site plan.
4. Please indicate the location of the protected buffers as overlays on the site plan.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
�r John R. Dorney
401 Water Quality Certification Program
V'
JRD/bs
cc: : sflie*lle�e�- Regiori ®ffice E E E D
Asheville Corps of Engineers D
Central Files 9 2004File Copy MAR
West Consultants,405 South Sterling Street,Morganton,NC 28655
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
E
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),(hHp://h2o;enr.*state.ne.us/newetlands)
Customer Service#: 1-877-623-6748

W ATF Michael F.Easley,Governor
Q /9 William G.Ross Jr.,Secretary
1Q� Q North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.,Director
Division of Water Quality
0 D 1 Coleen H.Sullins,Deputy Director
Division of Water Quality
March 15, 2004
DWQ Project#: 04-0378
McDowell County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS
Black Forest on Lake James,LLC p�
Post Office Box 1003 ® V
Charlotte, NC 28209
Subject Property: Lot# 16 A,Marion Township,NC
MAR 19 2004
To Whom It May Concern: 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 0.05 acres of waters and 0.01 acres of protected riparian
buffers on Lake James for the purpose: of installing rip rap to 'stabilize approximately 515 feet of
shoreline, as described within your application dated March 8,2004. 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:R{egional
General Permit No..198200030 when issued by the US Army Corps.of Engineers-,(USACE).,This•ilette'r
shall also act as.your approeed Authorization Certificate for impacts to the protected riparian:buffers per,.
15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with aiiy'oth—&':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).
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
Black Forest on Lake James,LLC
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,
Klimek,. irnek; P.E.• .
C WQ,Director
Attachments: Certificate of Completion
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
I3' Q�Ai1�le�Reg%�M�iL�?_ffice�, .
File Copy
Central Files
Maggie Girdwood, Crescent Resources,LLC, Post Office Box 1003, Charlotte,NC 28201-1003
DWQ#04-0378

06 -� �c.
� r . 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 Applicagou 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/401 GROUP
1650 Mail Service Center
Raleigh, NC 27699-1650 MAR 1 2004
WATER QUALITY SECTO
I. Applicant Information
1. Owner/Applicant Informatign 5�0
Name:
Mailing Address: $ 4 05 pa�(iShi re Drive.
Telephone Number: q q' g�<< 57 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: 01 Ic WaRmr)"
X 234
Mailing Address:
G SPRINGS, NC 28017
Telephone Number:�U - -0 Fax Number:'10U
E-mail Address: i
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 detaile4 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

17mot 5I o ne-,
I
our 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 .
we) I Nearest Town:
County: M Do
Subdivision name or site address (include phase/lot number): P '-vt
Directions to site please include road numbers, landmarks, etc. (This is not O � /
necessary if an adequate vicinity map is included): Fr
'Doc.Kside Dr' l 0
Z9
2. Describe the existing land use or condition of the site CA otee at the time of this
application: wo��
3. Property size (acres): v.1 1 a-f-fe5
4. Nearest body of water(stream/river/sound/ocean/lake):
5. Describe the purpose of the proposed work: hP�t7 Sbi I I �P, � 51�r1
h,,P hu I I r�o�p r
6. List the type of e uipment to be used to construct the project: r iGK,
I
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 an 150 feet land-ward in..
square feet or acres: a ' , = 0
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted(number of trees for instance): N i rye n 5 W i I I hey +o
11 Chun
r Th ; r i
'I Ile (J�5-Furbed Oren. will have m u lc.h °'i�p i ec( �-o if
AppliGant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Trn�f� 510h V
e A-rbor a9
Lake (Full Pond)
Full Pond
Shoreline
Rip rc,p VL 5 lr�u.�ard
XI 3 6b rap
4' X 153' Cleared -Above
Pond
F—
$'wicJeX 50'l0 pa+hwaq
5D' Land wcLrd
The Ar bo r
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)
A Location of rip rap or fill to be placed above the
on
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.
I of n ►►s lur) oXi 153 Fit,
- -(ale mfi �2 5 ho�e1 I►1e� �
will have. rip rap alp!i ed t .
` ' b� rox i rnc.FP-� � �� i�, height,
- Th& rip Mp 'n�'( I apl� �.

_rim Lj Slone,
T{'1,e Arborl W aq
' s hou) f�`°n� °� r" P r*,
and
l�pp royi r
t N
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rn
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- �`' �,�.�3� ��is ��.: �• ,Won
�,^
.l. Q U J
l iut;'ie.
r 'lot G Ok ? P09 1
McDowell C,our,ty Regitiir y

Nebo area, North Carolina, United States -rimofh� Slone,
\ PI ` Ion at Lon'
f�t
111 1551 �-•-.••• ����Y-Fk
1281
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Nebo,1 C 26 61 n�"N*f kl <J fr Jam' ps APyjy, ,
LaYtude 35.73580
Long ihxie-81.953� !� �� s, ^' 4 y M� '
126 1234
V`rvl�'t�yq�ySC�'��;L aka 4t,
,1552'�
`1688 }1648
• Ji-' - 126
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4_.. Ill\\\
0 mi 0.5 1 1.5 2 2.5
Copyright®19W2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/Mv+w.microsofLcom/streets
®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.

motky 51 Dne,
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Y

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 O
Date 2 0

W/�) Michael F.Easley,Governor
C 9QG William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
` Alan W.Klimek,P.E.,Director
`i 7RMAR
Division of Water Quality
Coleen H.Sullins,Deputy Director
1 GV�4 Division of Water Quality
0
March 25, 2004
WATER QUALITY SECTION LASHEVILLE DWQ Project#: 04-0430
REGIONAL OFFICE
McDowell County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 211 .0243) with ADDITIONAL CONDITIONS
Mrs. Leslie D. Green
396 Windsor Road
Asheville,NC 28804
Subject Property: Bear Cliff Subdivision,Phase I, Lot# 10
Dear Mrs. Green:
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 on Lake James for the purpose .of
installing rip rap to stabilize approximately 247 feet of shoreline, as described within your application
dated March 19, 2004. After reviewing your application, we have decided that the impacts are covered
by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3373
(GC3373).. The Certification(s) allows you to use Regional General Permit No. 198200030 when issued
by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization .
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you
should obtain or otherwise comply with any other,required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and Duke Power
regulations and permits. Also, this approval 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
Mrs. Green
March 25, 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,
rW. mek, Pirect r
Attachments: Certificate of Comple
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
41 Asli6WI-e IZ�gi`6nalf7ffice
File Copy
Central Files
Sue Harmon, Permits Etc.
DWQ#04-0430

PV .
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:
U 4®
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information 44R
1. Owner/Applicant Information
Name: Mrs. Leslie D. Green �`-V
Mailing Address: _396 Windsor Road
Asheville, NC 28804
Telephone Number: _828-254-3971 (home) 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: 7 p-7100E (Ill
E-mail Address: [e-mail] U
MAR 3 1 2004
WATER QUALITY SECTION
H. Project Information ASHEVILLE REGIONAL OFFICE
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: MCDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): BEAR CLIFF/PHASEI/LOT 10
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221 N/RIGHT ON HANKINS RD/
LEFT ON LAKE JAMES RD/RIGHT INTO BEAR CLIFF DEVELOPMENT TO LOT 10
2. Describe the existing land use or condition of the site at the time of this application:
VACANT, WOODED, RESIDENTIAL LAKE LOT
3. Property size (acres): _1:79 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 RIPRAP TO THE LENGTH OF THE SHORELINE OF THIS
LOT
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 247' =494 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): TWO TREES MAY NEED TO BE REMOVED. IF SO,
THEY WILL BE REPLACED USING THE GUIDELINES OF THE LAKE JAMES
SHORELINE PROTECTION ORDINANCE.
u jn - MARCH 19, 2004
Applican nt's ignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

green
-Bear UTOet-I
� 'se
Lake (Full Pond)
bage,Full Pond W, i I be. Z - Or ��
Shoreline
�- �' .X
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'Paol"
elevation.
6) Location of construction access corridors.
rap fD f�e. Mfire ICTM
T� r �►l! be �-pP ra�''�'`� ���
, �qo re 11 nee r r,P Y
e i n I -f-h f I n he i3h1 ,.
No N P
min v�i I I be a.e-d in -the, buger- are L,

70'34 13 or N N �• \ 1 . 31 A Cr
TOTAL DIST.
F c IPS
1� m ,� g 90� 448. 41 •
P.0.8. 0. 1.. S39'27'03'f
IPS 20• R 79.53' 102.BB N89 '12 32'N
QINT
IPS J40 31CONTR P CORNERP. \ �—
\ v
20o R/N N83'51' NB211 4B' L li
10'M
o � � �� 20 !7•N IPS ;� T
6 S v\ 1 1�
POINT IN \ CL 20' R/M �� �6•,
L 0 T - 7 CENTER OF S22'33'I1"E w o, F
20' R/M 116.20' W `�' IPS \ TO
1 . 50 ACPES TOTAL o1sr. 0 0 S&
POINT IN
CENTER A uq7 ry 34,31 30.07'30.07
OF 20' R/M ♦ o
SOB'39'4*"M
211. 7I
� \
�. \ \
1 , 52 LOT APES A9rq IPs CONTROL
CORNER
IPS 00'
l20.
�12.43' N83 • \
40'N
IPS \ IPS
Y1.48'
LOT '- 9
\ �
\ 1 . 53 A CPES \ o
;L Qj0.. "'"J . 1;7' \ �.off. AT EAV
....
IPS , _ / \ ' �rL' — Q 13.07' \
ACRES W
L50 \ ^ LOT - 11
v �0 2. 51 ACRES
N \� I�j
IPS \ /
C S6 ~ �
1�00 C 5a IPS
�I
C01v70(JR s� ��e ` s �100' SETBACKSETBACK �0
CHANGE
ti r
n
X - Show ri p rap appraXL IPS 6.
r) ard
L63
N
� -Feces i� h�;����-. • i�
�6
A barite, Wi'l 1 be i6ed --fir S
466 �c
+his projems, Igo e�u.cpm&0
LDS I I e, rem vv i l l be- used in -The b u 4e-t— a reaa
&-ar
scalp '�� rlch OPP% 55 �

Marion Area, NC Le61 ie D , Csr22n
J \ \VJ r Long
tol
\l \\ lsgah Nat Leslie D;C,reen. :_`.
�� (1281.i
1 ` 4
Jl _
1 ( `\ Lot#10/Bea Cliff, �'�;\
(1552_ �`'`�Ma-ion,NC )A_. �
Latihude35,7Si55 (1261
Longitude-81.95024
1 S
/A-A-1
(1662,
11688)
0 mi 0.5 1 1.5 2
Copyright®1988-2001 Microsoft Corp.and/or its suppliers.All rights reserved. http://www.microsofLconVstreets
C 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.

FVV Leslie D. Green
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 (�/�

e%y' �.. ,,,,,,_ ��.�",`,^"�s���_��a^ i ` x ,aw 3•a"R: r�' a - rt+ i' - F�:x�rp'a .�,r;s..
✓ti-.'�,� '.E.,� r''� � y ,�'-t%^"-i �^ak: {�- a�'�, x 2f+ � a z �r�: M-. � -«.� '�-
r��„'
'd 5Y•4� ^Iyyy P�^! `I 9 �h�� r5$yr$��y�'1v�1M J�'/£��,��/1'1y�{� Y�M }qyA# �� ��
� S�FF•�S���a�1waW+.r .I",r_� � ��!!".v,,,s ,/,'t �� � � t ,r
'9e1 Ij 1n k .^Y

401 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 cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of$200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre.
Applications should be sent to: _
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 VVETLANDS 1401 CROUP
I. Applicant Information BAR
2 9 2004
1. Owner/Applicant Information D E kC E �Ul✓✓r� �lf ,
V�SL-CiIC,v
Name: GREG C. AHLUM
Mailing Address: _1426 BILTMORE DRIVE APR 2 2004
-
_CHARLOTTE,NC 28207 WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Telephone Number: _704-335-7164 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]
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: MCDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): THE ARBOR/PHASE II/LOT 38
Directions to site please include road numbers, landmarks, etc. (This is not'necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 70 EAST/LEFT ON CEMETERY
RD/LEFT ON FOREST LAKE HEIGHTS RD/LEFT ON DOCKSIDE DR/LEFT ON WATER'S
EDGE DR TO LOT 38 ON THE LEFT
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): 2.574 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 80 FEET OF THE
SHORELINE. THE RIP RAP WILL BE APPROXIMATELY 6 TO 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' x 80' = 160 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): TWO TREES MAY NEED TO BE REMOVED. IF SO, THEY
WILL BE REPLACED ACCORDING TO THE GUIDELINES OF THE LAKE JAMES
PROTECTION ORDINANCE.
f pe i h 100
Applica t/Agent's Signature 0 Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

ire, C . Ahlum
9
The- Arbor /L.o-f- 3g
Lake (Full Pond)
15 (' oi
Full Pond
Shoreline
Grec
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 dridging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
The length of the shoreline of this lot is approximately 300 feet. Only approximately 80
feet will have rip rap applied to it. The rip rap will be 6 to 7 feet in height.
NU rip r6.p Will b;�- applied to ''CnVironmenfCJ area."
Will be, a�e6 in ffi e, b0fe r arer-:

LTr" Ch1cm
SCWe nch .- Apr X
Lake Ja7rz
:� `• roperty line
5h0wap
praXl�ro'ect BJU
P
he1�hf�.
I A_42
f.
Cu
r
;N
0.8.37
o CO
L 44 ��
:4 f 36
2.57 4 vc.. o~
C
N 67
• 'w �''`� Thy A�b.or •
F e,l'opmernt
�u.11dn g Setbacks along .

�hlum
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)
C
Date 0 y

Marion area, North Carolina, United States
do
1662'
'.� t ib � fat 4 ra
1 5 ,r/�' a,
J <d �.� i 'r'ai P gMI
� 7q �.v ti• '. rT ��- p"'r X .tYB rk� --
1 w¢� 4i"' r'`aW„N.�mi ,"rrte... a`4.1j F...r
�q�d$u ✓�{�'� k,r, ' 3 yr]
3� "54 16 3''r
.�1 111::.,..wc:dr,�;;as ,,r�� ter, �.
•�+, 'L,y ,p.rq r. 74y �f r ``^�ir�`C Arbor/Lot 38
S �fi y";' rj P k{„y'},'^`r
�� f � m Nebo,
IBC 28761
a¢ k
u'�+fi`W�f� ru ,� /v st rtGy � LadtAe 355.73279
Longih.lde-81:95500 � " �' '�fiY�"�
t
Pisga ational
; S
F estxn',k
r, rrr 9688j '.1648 <
�a , 6 ?
sKI
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S
f' �1636'�— =
E 'x 7 4 'JCS wrj '1683>
1640 1646, �1676
636
ebo
0 mi 0.5 1 1.5
Copyright 01988-2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/twww.microsofLeom/streets
®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.

4 �.
`r � y1...,,�ni A ,-. ,�� i�mJ..�+.erg' �. �'�
� .Via. .. .. _

The following is an abbreviated application form for those applyi for a 401 Water
Quality Certification to impact FERC (Federal Energy Regula
Commission)
regulated lake shore or bottom under the U.S. Army Corps of j�.�neers Permit
GP30. This Applicaopn',cannot be used for wetland.or stream impacts. Please
provide seven (7) copiesof this application and supporting information as4�ffel
I Alpi, &ENARONiWENT
non-refundable application fee to the Division of Water Quality of $2AQL0'QA'r& S
LRESOURCE
impacts of to lake bottom of less than I acre and $475.00 for impacts toll"h9142,T. RZ-13MAL OFFICE
of greater or equal to I acre. RE,
Applications should be sent to: WETIANDs -JAN 0 8 2004
Division of Water Quality Wetlands Unit y 01 GROUP
1650 Mail Service Center JAA1 0 6 2'
V
Raleigh,NC 27699-1650 kl7y ATER QUAWY SECTI ON
WA TER QU ll
SECT101V
I. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address:
14cadersonvi lie, ALL , '159
Telephone Numbe 4(P5.2t_ 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: nppKAITq
Company Affiliation:- st IF HARMON
Mailing Address: P.O. BOX 234
ROILING SPRINGS. NC 26017
704 q3 71 00
Telephone Number: 10 Q'I Fax Number:
E-mail Address: i �rin, rr, anm
11. Project Information
k4aph a vicinity map clearly showing the location of the property with respect to
EC E E landmarks such as towns, rivers, and roads. Also provide a deaile4 sitt.
I showing property boundaries and development plans in relation to
=APR — 2 2004. .; unding properties. You may use the diagram below to make a hand sketch of
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE

.or. TQ.mes 1%11
your project. Also, see the example below for guidance. Both L 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: M Dime.l I Nearest Town:
Subdivision name or site address (include phase/lot number) �jpr C.ji�f Ix�� Lot 11
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
i
2. Describe the existing land use or condition of the site at the time of this
ap lication:
3. Property size (acres): �('
4. Nearest body of water(stream/river/sound/ocean/lake): ' -�ke, Ta.M es
5. Describe the purpose of the proposed work: b h4 Shi.&�i tee L �►
F
6. List the type of equipment to be used to construct the project: &cX htf e, OACl
ha
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 )� ' 1
61
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: f 56
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): a teju 5 frea m '
' i
Cwn Shoreline proteckon d rdi narrZ. a dis*xrbM area wi If muk.h Wf ied toAw JYMIM ent- do-n A34))A' ), E*,.
�--
Agent's Signature U to
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

j)r, J;rnes $W I
- /&arCl;f�
Lake (Full Pond)
Full Pond -- —p b�,ef
Shoreline
RI VP Caewar-d
a'x q85` R► r
X Cleaxd- AbOvex
�'u�td�X 9
Pond
k--4 I;F
56' Lordward
fir{- l
NO
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 dridging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
Thy I P 4-h, 6hOre.11' ��' la+ I is Qpp Tox)MI
Io I6 fez-+, 1 POY-i rnala q$5 -Pez+ Wi I I have, rip rap
o��pp l�e�l will be, approx i rnafa-
I+ -Feel- I'rl '.he�5

i'
o; plc � ,�t �/ �. .� W.. ,�� y, �+ :• �+� � � �
f
f
i
1
i
�V
•ris
'r' f
J� o�
CO -W2
Yj
J'
190.
'IN
Sfd
Ri
Pav
it
ct
w p 2 Q '• �-�Jyy15lj�:�Jti � .�, A r
lD;tls r
L a
c gi4Q ova !` 01r

Marion area, North Carolina, United States
1 661 1238
126
1236 Lo gt
Pisgah ational orest g
" JameS Rholl �� .�4 •��
Lot 11 Bea Cliff i`` 1281
1652 � ���•••�
Marbn,NC 28752
Latitude 35.75284
Longih.ide-81.94942
� � {sS f' .� •,8' tea -h.".c ' ''F rS 'y�Z �^ �+—• c Y� l�✓Fs
.. 7.p„ ae'�`4r -Al _v� Xy ws '�,�.ska.. ,.s- t, F•ti
{f r3-. 1"
1652
648
1601
1650 -
0 mi 0.5 1 1.5 2 2.5
Copyright O 1988-2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/twww.microsoft.com/streets
O Copyright 2000 by Geographic Data Technology,Inc.All rights reserved.O 2000 Navigaflon Technologies.All rights reserved.This data includes information taken with permission from Canadian authorities O Her Majesty the Queen in Right of Canada.
O Copyright 2000 by Compusearch Micromarketing Date and Systems Ltd.

Jaynes Rholl
jo�Y:` _'+W..:r� lfaa'-9' xu I r rA �� � P,.• " ���
^.i
f
�'—•�: "'� a.,....�,�x4 �'y-,,�,,,yyyyyy'a„� nt� a ��y`�,�ee�.�r.�.v' s y i '•>. :'I,lrerty_ '�t
�.� .n.... .+4 a1�+.Wrv���>b����+� ' „yit��r "r {°+�'T {t b. � � 'ri ♦ �`r .t1
�..,�.1 tee., �"'+�--�'k �-�+r.,�r �',n��c i$ k�����s,4y{'�x� �iL '.y,."r a rr' • < .."."^
#, av
-. ,�. `"�"^F"°'"' fe. .ri'"�'.. d�� ��.¢ �r..,'e k�k�tir �`� �- r v s � ',ft.�j'�Y l � ti+, ^•y +-!�
�,�'-�� '"�r-�"a^Yf".3 r`�'�*2�,��yc�9 5 '�x�`'� 4 }'' s?� `"mot. ,- < 'r x^+1{y,,'-•a r "kr`,•pa d t ���+.cw r ,y,,. .s.
�',.�'„x"�. r�" '��' r � 1'i-a�p4 ���f t,���,,� r x�2-��..p, '"P"*¢�'' �.t i <i y4 "S• �
t iiyy�'" Sai Kf � yy`RYk rtak i�' �u ffvs,aC �',
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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 2

04061f
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 UU
1650 Mail Service CenterRaleigh, NC 27699-1650
I. Applicant Information WETLANDS/4Q1 GROUP
1. Owner/Applicant Information APR 0 1 2004
Name: BERNARD J. PASZEK WATER QUALITY TIQ
Mailing Address: 48 AUDUBON LANE
POLAND, OHIO 44514
Telephone Number: _330-757-9431 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]
IL 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.

�rru�r� ��tszek
1. Location
County: MCDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): THE ARBOR/PHASEIW LOT 57
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 70 EAST/LEFT ON CEMETERY RD/
LEFT ON HIGH TRAIL DR/RIGHT ON BEACON RIDGE DRIVE/RIGHT ON SYCAMORE DR/
LEFT ON HARBORSIDE DRIVE TO LOT 57
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): _0.927 ACRES
4. Nearest body of water(stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: JO STABILIZE THE SHORELINE AND
PREVENT EROSION BY APPLYING RIP RAP TO THE APPROXIMATE 107 FEET SHORELINE.
THE RIP RAP WILL BE APPROXIMATELY 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' x 107' =214 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): TWO TREES MAY NEED TO BE REMOVED. IF SO,
THEY WILL BE REPLACED USING THE GUIDELINES OF THE LAKE JAMES
SHORELINE PROTECTION ORDINANCE.
POA-ani• St�.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Pasak
The A rho r Lc+ 5�
Lake (Full Pond)
Full Pond bor9e, Wa I, -fir 415 M
Shoreline
�-- ' X 101, t --- ,
Lot S7
--
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" elevatioh
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.
<
� - � r�� rc �wb� eJ
heA- .
N,o qu, n ip v�li
[I b� � i n �, h

`�Ip
v \ "
S9-
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t_1.16NC-
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I �
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CA SCftK?4*
-
1
t 26 ` tJ 1.123 .ac_ • / < <� P x
V%
t� ►a� ` � _/ / fir '! ^<O O = '
�t � t � 1 � I i � ' ry � •.yam 4706
.0.641- oc4 s ® a '�:0.863 oc;
` 0j.92 7 oc., o,/ .� 'tip- .e. >..
! 0-854 cc. 0:702 oc_
CST � � _ 'v � ,.c-• c _ � tw thia flat i,.
? " o` >ri t .f
of Feegop�-"
067 —YX . Z IAIz Yvrrcy Is local.
0.623 ac.
TERS EDGED _ �� ---__ 53 �'�� L
RIPE C5�. / O•` 8T __ _
V'e1 M11 - •PRMATB-JtOA.D) CS 1
• p = � 1k t '� Z �� � S
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w
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s-53
ti .Y. NIX
0.674 cc. i 20 asz
Recorded m Deed BoSubject to Restrictive
a
• — 293.26 Toted 14cDov.df county Regls
E
� _ I N 83_ 37 �_ -
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Ca t43-�:
r 00'
'�°. 0.682 cc. rn I herehv rwtif-v that I'om M

Nebo area, North Carolina Bernard J. Paszek
IF_
fr � ` '°�°+� iu�r�� ,'' ,�.�. ��`ifx� ���n� ,�� « Pisgah National
\ � .Q,°,rw,4,'� ,wp rc� a ;6` t y �**-F� '` rOrBSt s
{ r c z k s atar� !itJ..51�ZR— 36$e* -r',,s iY� t ysr� ''%F�,; $ a - v�Ts
The Arbor/Lot 57 ,<,-" 3� �� � f a`Y
' xny tKy�r Nebo,NC 28761 q at 3� t
�iwsr °qt "'"� ��ia`y�s'�
* x Latlh fde 35 73645 �� x
5� Long
dy'9 �t1 t 't�
Longftide 81,95539
r
to�•9 tad w �*
(1688)
Nk
l aYy rat `T i _�J 12s`J G�
�1
pis ���t ,-
' yn`sr`�r 1536
-x 1644) 1647
er-
r °
{.RV
{1640,; . 1 t�1676,t�
1636 ebo
0 mi 0.5 1 1.5
Copyright 01988.2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/Avww.microsofLcom/streets
0 Copyright 2000 by Geographic Data Technology,Inc.All rights reserved.02000 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.

�ern�rc� Pasze-k
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 &5-10,9'

The Arbor /Lf 57
P)p F pas zeAMMz
1 r9 i( � in t krsT' y ��', ,• -• a
t � '
ti f icy,. ti?rx-.
�• � s � h �,�yfy,* ,�v t ,fin a�.,. 6 '°cjri...�, k 3` ,��ti�� 1"�'"z�...,w�.kx +err �T ,k� �,�`
��'1-��1
'ma`s �,���'"���;Trt`�� ��c�ti c�.:. �'••�� �"w'er^'�.� ��y �'. 'S�t�'c', ar��r "`<�k�rr.1 � .. .A""�-^
<? r
A�&R-i x�y Mrr�,(�.4y �r "•t s.�{.y JHs_
PFsite �}''ey}v S '�^ei ++ Ax7 '. �; +�r'L,., fbr.�$�'St 3,*=.-+ir.Y�C
t �rx.� s ° '�."'�''+:•..F ti r... �"'rrokY'' 'y'
r�� � �'t'F�Ji,�y.j�j� bf�,y�tr d„b •L ,t Y S k '�Xi< '>'Sn "-W
j;� 4A'1
Y$ i ,,{{
jj'�� �6 °k�� ' 4t�'tAr'"'�((
1� b n �.
tiMR."i"
,td+ r h,t.. 1 �' y' �.Wr_.�`C''•t ,,
7"!-- gm
..-`g'Y= ''_a"a'./.; C....�.�}".��< f:S.`.%'1''4�Y7'�!'s�, a,'�.lx1.i •1��4\t�xt .a2.s9w�,">tia� d�-�h

IF
7T�h�elowing is an abbreviated application form for,those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S.Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of$200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information WETLANDS '3
1. Owner/Applicant Information MAR 3 1 2004
WA'TEI l��/a(/ ;V ti
Name: MICHAEL A. LEVI ��, vsJ -iK1
Mailing Address: _14163 GABRIELLE WAY
CENTREVILLE, VA 20121
Telephone Number: _703-266-2631 Fax Number:
E-mail Address:
2. Agent Information(A signed and dated copy of the Agent Authorizati
if the Agent has signatory authority for the owner/applicant.)
APR 13
Name: SUE HARMON
Company Affiliation: PERMITS, ETC. WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
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]
IL 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.

Nilchae,[ A. Levi
1. Location
County: MCDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): THE ARBOR/PHASE III/LOT 63
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 70 EAST/LEFT ON CEMETERY RD/
LEFT ON HIGH TRAIL DR/RIGHT ON BEACON RIDGE DR/RIGHT ON SYCAMORE DR/LEFT
ON HARBORSIDE DRIVE TO LOT 63
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): _0.742 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 THE 110 FEET LENGTH OF THE
SHORELINE. THE RIP RAP WILL BE APPROXIMATELY 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' x 110' =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): NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
Q�111 �6AA&12 /0-a- aa4
Applican /Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

....._..._._.. ......... ......
M►c,hael A- Lev i
-Tke Arbor Lp± l�3
Lake (Full Pond)
�1 is r0 e�f,
Full Pond
A bar qe, wi 1 1 be, used r p J
Shoreline
Inward
Ki dr-ad Levi
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.
'I he- rc r � W' l I b�
( l Q fez+ i n lw aid ap p rox i m�-t�
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. �freof ►utrr has been:. �d -

Nebo Area, North Carolina Michael Levi
at.n.t :sT7.z
1i 652.Y � 2 i�i'Yi a �yr�. 't'
•°
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0 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.

M i e,hael A. l-f-vi
Orr
Th.- Arbor
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 ��

�;,�� rr Zc.. fl, _, '4 /E Rom{.•-`.K �"�'fib//yam's, ro Y•, � ...� .Q
:;r `ir`{� +1,'���Vf'td �,� tr9F ° ��� •r���r°` �'�1+�:' '�� 4 *��}���'���l� ?
a I t 1 F ��1 ��� 1���. •ram ?+� � � y�r�.," v' R
. F `}r,rt'`.dfA�T � •'+}'�i'��t Z3r i T�/, � � r '.. %�..v�T�,+ � ` a � y„,
Ak
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4� ,+�.�r!rt + 7 r rrd -r�� r,r�Y�� ! ,.�. y, � 4 „° � 'gym '" -1� �•st �
.� i jY n�"�>5•� '�{1A���•+ r:�� ``yY r + p ��^v3'�k��N' .
d 4�`!� �' ,zr u ,�:. ,A... �'?yy ,ya`�� 4 bwt.-'s• ��..e

401 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 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 ® E C ETLANDS 1401 GROUP
Raleigh, NC 27699-1650
APR 19 M APR 14 2004
I. Applicant Information
WATER QUALITY SECTION TER QUALITY SECTION
1. Owner/Applicant Information ASHEVILLE REGIONAL OFFICE
Name: LARRY M. JOHNSON
Mailing Address: _818 DEEP WOODS DRIVE
MARION, NC 28752
Telephone Number: _828-659-8193 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]
IL 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._.arry M. fohnson
1. Location
County: McDOWELL Nearest Town: MARION
Subdivision name or site address (include phase/lot number): BEAR CLIFF/PHASE I/LOT 5
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221N/RIGHT ON HANKINS RD/LEFT
ON LAKE JAMES RD/RIGHT ON BEAR CLIFF DR/LEFT ON CEDAR RIDGE
DRIVE
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A LARGE, VACANT, WOODED LAKE LOT
3. Property size(acres): _1.64 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
HELP PREVENT EROSION BY APPLYING RIP-RAP TO APPROXIMATELY 40 LINEAR FEET
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 40 FT. = 80 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.
AA g +h4maj I 090t, la�&, a
Applica Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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d,l,A
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'aaa sm:)Op ,slleM
Butulelai `s6ulpllnq se vans sainloruls pasodoid Auv jo uolleaol a41 (b
uollenala ..lood IeuuoN.. aql Molaq paoeld aq of jig ao dea du Jo uolleaol (£
uOilenala .Iood IeuuON., ayl anoq*e paaeld aq of Ild jo deJ du 10 uollBao-1 (Z
(suolsuawlp aplAo-id) Bgmala uolle}86oA posodojd liV (�
U on x 'u 01� se flans wall yaea aol suolsuawtp aplhoid aseald)
veld slya uo uolleuLolul Butmoiloj ayl yoaaks &alewlxadde aseald
Nog flo) 11t,1 haaj
gar '
aulloloyS
Fad s, jo gn -�q �� f fN '���1�q �/ puod Ilnj
(puod Ilnd) alel
w5 u qO - 1N J.J M

IP$ •„
I Larr M • Tohn.56-n ` `\
0CA
ti It°S 142.56' N IPS
IPS LF SB3�53'30"N IPS \\
P$
P. B. IPsc, L 0 T
1. 59 A CRES400
\
v � 10.56'
/ 7.DC' fll�gV l0.55' ~
JILT pr Q
LOT 3 Lu Ile
1. 62 A CRES ti \ IPs
IPS p� w A cav7RCY
C0HQZig0. CAR
w i,
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v6c,"NN
IPS
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O ' ' IPS
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�3z v3 (40 linear PetV) -� � � ` 1. 50 ACR,
IPS N T OUR
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N � '
E JA MES
IPS
r
scodc I Inch ' Approx. 160 \
IPS
XS- Approxi moldj 40 linear- Peet o� rip-rap gpl,ed L47 IPS
}b 44w-,, app roX i mo fe, RD Ao're ,-ne) , Th e- ri p- r'a,p
o.Pproxi mai� (.0 -(�a 1 n he.ic�ht,
1�Doo . �S
cow

Marion area, NC Larry M. Johnson
Lon o
Bear Cliff/Lot##5'
Marlon,NC
LaflUe 35.75432 /1281
(1662 Long rude-81.95281
Pis Niit n orest of 453
41 �' �� �tF6'F`A�, �-7R.�'r�A�>}1 `�• � � r�Y� , �4 ,r 126)� N .
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Copyright 01988-2001 Microsoft Corp.and/or its suppliers.All rights reserved. http:/A ww.microsoft com/sfteets
6 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.

r ' I
},';-. 'K A i�'"�T'��k�`� �^�t v ? � ��• �k t•'"^ $�+F�,,V:��' e�•" ., 5 �x''
�* t .. y�"sh
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.,F�-,a m �. �!".L. t t�--� �t Y,n� •r*a+'-^' ,�'�w�'^af"f�J :�i �y '� 5'
�-w�aSs;�' �''r[:-t. y ,� `*f �<•'•fR ".�,�°`r" '.Y�,.. Y „"'"'c"t !:.ate"' "'r°'€,*�, ,suj�R i _
"_'�':� s�^p4'Y`"'° ..--%;��r^,,�5'x-••-�.� - !n "gam—_ "R }
d.........M��� ,e,�«-r-+ -_,.r � ..«�sn"e,ei��..�'Lk.�'�t".�. . ,. ,........5'9 ,.''�`:`'d"�r .ra.�+,...:'+�taA�'3a,�w;•-T

Larry M- 3 hnsor)
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc.,pwaission to sign as my agent on my
application for shoreline stabilization.
Signature (s
Date

The following is an abbreviated application form for those applying fora 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: pjr;Lz71T,CZ C",'%M�r
Division of Water Quality Wetlands Unit
1650 Mail Service Center VV" �'
Raleigh,NC 27699-1650 MAR .� 0 20
04 LIAR 1 6 2004
I. Applicant Information
71 n.;
1. Owner/Applicant Information 'Liu , „lip; ;','`n
Name: Black Forest on Lake James, LLC
Mailing Address: P. 0. Box 1003
Charlotte, NC 28209
Telephone Number:(7 0 4) 382-2695 Fax Number: (704) 382-5429
E-mail Address: cd,girdwo@duke—energy.com
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.)
NameN/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
bowing property boundaries and development plans in relation to
PTFAr,P,72
CV lu ding properties. You may use the diagram below to make a hand sketch of
2004 � h � � "/
09 ;dui
WATER QUALITY SECTION MAR 0 2004
ASHEVILLE REGIONAL OFFICE

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: MrnnWe11 Nearest Town: Mar;nn
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application: Single Family residential
3. Property size(acres): 609.65 Acres
4. Nearest body of water(stream/river/sound/ocean/lake): .Tames
5. Describe the purpose of the proposed work:To install 515 linear feet of rip rap,
14 boatslips and one canoe launch.
6. List the type of equipment to be used to construct the project: riJ2 rap work will be done
by barge fromthe lake.
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.)below the normal pool lake level in square feet or acres: 2,060 s.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: 515 s.f.
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): None will be impacted.
Q:IA OA I '�, -�• C)
Applicant/Agent s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Lake(Full Pond)
Full Pond
Shoreline
a bovc. rL.I I Pv hd
4
NL) Glearlh�. All wort,
will bf,, d 0ve- by 1 fi r
-Pl n
I�Si►� oc�+t
` ba,rtes
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)
2j Location of rip rap or fill to be placed above the Fuli Pond elevation
3)Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
wallso docks, etc.
5)The location of any excavation or dredging below the Full Pond
elevation.
6)Location of construction access corridors.
CRESCENT RESOURCES
INC.
400 South Tryon Street
Suite 1300
P.O.Box 1003
Charlotte,NC 28201-1003

1
W A Michael F.Easley, vernor
`O�� TQG William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
CO
Division of Water Quality
Q C Coleen H.Sullins,Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
July 22, 2003
Ms. Pamela Glenn, Innkeeper
Blue Boar Inn
1283 Blue Boar Road
Robbinsville, NC 28771
Subject: Proposed Dock Modification
Request For Comment
Santeetlah Reservoir
Graham County
Dear Ms. Glenn,
As of July 1, 2003 1 have taken over the role Larry Frost fulfilled for the North Carolina Division
of Water Quality's (NCDWQ) Asheville Regional Office in Graham County. I have reviewed the
information enclosed in your letter, dated July 14, 2003 regarding the expansion of Blue Boar Inns
dock facilities. If additional pilings.are to be installed, the US Army Corp of Engineers would be the
lead agency and will need to be contacted at (828)-271-7980 for guidance on their requirements.
From the information you provided I see no intent for shoreline modification at the docks location.
If your expansion will include shoreline modifications we will need to review the proposed changes.
Otherwise the NCDWQ has no comments on the Dock expansion.
Sincerely,
1
Michael McDonald
Environmental Technician
Enclosure
xc: Forrest Westall
David Baker- USACE
ED FIR
59 Woodfin Place Asheville,North Carolina 28801 Telephone[phone] Fax[phone] Customer Service 1-877-623-6748

Blue Boar Inn
atLakeSanteetfah
1283 BCue Boar Road
Ro66insvifie, NC 28771
7e(828.479.8126 FAX [phone]
T OEB:6Cuedoarinn.com
E-mail: [e-mail]
July ,14 2003
�1
h 6 2ff03
Mr. Larry Frost
NC Department of Environment&Natural Resources f =
Water Quality Section
Asheville Regional Office
59 Woodfin Place
Asheville,NC 28801
Subject: Request for Comment
Re: Modification of Current Blue Boar Inn Personal Dock License to a Nine
Accommodation Boat Dock License
Dear Mr. Frost:
The Blue Boar Inn is preparing to submit the enclosed request for a dock license
modification to Alcoa Power Generating, Inc. Hydro Division.
We have been asked by Mr. Robert Smet to seek your comments on this request prior to
the actual submission of the paperwork.
Please include your comments in the enclosed self- addressed,postage paid envelope
within thirty days of receipt of this letter. I will then forward them to Mr. Smet along
with my request for license modification.
Thank you.
Sincerely,
�—?
Pamela Glenn
Innkeeper

BCue Boar Inn
at LakeSanteetlah
1283 Blue Boar load
Ro66insviffe, NC 28771
7e1828.479.8126 FIX 828.479.2415
`LVEB:dluedoarinn.com
E-mail:[e-mail]
August 15,2003
Mr. Robert Smet
Natural Resources Specialist
Alcoa Power Generating Inc.—Hydro Division
PO Box 576
Badin,NC 28009
Re: Modification of Current Blue Boar Inn Personal Dock License to a Nine
Accommodation Boat Dock License
Dear Mr. Smet:
Blue Boar Inc. dba Blue Boar Inn and owners Valjawan Deer and Pamela Glenn request
permission from Alcoa Power Generating,Inc. and Tapoco,Inc. to modify our current
Floating Dock License on Santeetlah Reservoir to a Nine Accommodation boat dock
license. Such a modification would allow dockage not only for guest watercraft but also
for dock rental space for watercraft of area residents.
Under the current license,Blue Boar Inc.has permission to maintain a floating dock
facility that includes a six-foot by ninety-two foot floating dock with an attached twelve
foot by twenty-four foot dock section. The actual dock measurements would not
change. There will be no further construction or expansion of dock other than what is
already permitted. Our dock is located in an area that Alcoa Power Generating,Inc. has
already designated Lake Access Area and the U. S. Forest Service has permitted for
public boat launching.
We are not aware of any potential resource impacts as a result allowing for additional
watercraft to dock on an already permitted and existing structure. We will be using the
same means to tie off more watercraft.

Enclosed is:
A copy of our current dock license valid through December 31, 2005
Location maps and brochure of the Blue Boar Inn
A drawing of the proposed dock layout with topographical information and
showing the location of five of potentially nine boats to be docked
Photos of the dock area.
Please advise if any further information or clarification is needed to proceed with an
evaluation of our request.
Thank you.
Sincerely,
Pamela Glenn
Innkeeper

LICENSE
THIS LICENSE AGREEMENT made and entered into this 11. day of
Janua , 2001 by and between ALCOA POWER GENERATING, INC., A
Tennessee corporation and successor in interest to Tapoco, Inc. ("APGI" or
"Tapoco"), acting by and through its Tapoco Division, authorized to do business
in the State of North Carolina, hereinafter called "Licensor", and Blue Boar
Inn of Graham County, North Carolina, hereinafter called "Licensee",
WITNESSETH: That for, and in consideration of, the mutual covenants
and agreements hereinafter set forth, the parties hereto covenant and agree as
follows:
1. The Licensor hereby grants to the Licensee, subject to the License
for Project No. 2169 granted by the Federal Power Commission under the
Federal Power Act by Order issued March 17, 1955, as amended, and to any
lawful requirements of said Commission thereunder; a personal license and
privilege to operate and maintain a boat dock with the usual appurtenances
thereto and to moor pleasure water craft upon the hereinafter described portion
of the Licensor's lands lying immediately adjacent to the water surface of
Santeetlah Reservoir, hereinafter called "Reservoir", and upon the waters of the
Reservoir immediately adjacent to the hereinafter described portion of the
t

Ppr
Licensor's lands; together with the right of the Licensee and those lawfully using
said premises as invitees and guests of the Licensee to cross and recross the
Licensor's lands hereinafter described for the purpose of exercising the license
and privilege hereby granted. Said portion of the Licensor's land is situated in
Cheoah Township of Graham County, North Carolina and is more particularly
described as follows:
Being a parcel of land lying below contour elevation 1939.9 (U.S. Datum)
and within the shoreline of Santeetlah Reservoir and extending along said
shoreline for a distance of approximately 1000 feet, containing 2.3 acres
more or less, all as outlined and shown in red on the attached print
marked Exhibit "A".
Licensee's property affected by this License Agreement is shown in deed
dated June 6, 1997, and recorded in Deed Book Volume 178, page 292,
in the office of the Register of Deeds, Graham County, North Carolina.
Situated in Cheoah Township, Graham County, North Carolina and lies
adjacent to Licensor's property-but separated from same by lands of U. S.
Forest Service.
2. The license and privilege hereby granted shall extend from the 11t
day of January, 2001, to the 31'. day of December, 2005.
3. All facilities and improvements previously installed or constructed by
the Licensee's predecessors in interest upon the above-described lands and upon
the waters of the Reservoir shall be operated and maintained in accordance with
all rules and regulations that Licensor, in'its sole discretion, deems necessary to
2

Ppr
promote public safety, recreation and/or environmental needs of Project 2169
consistent with federal license for such project.
4. The license and privilege hereby granted shall not be assigned or
transferred by the Licensee without the consent in writing of the Licensor.
5. The boat dock and appurtenances operated and maintained by the
Licensee under the License hereby granted and the pleasure water craft operated
and maintained by the Licensee in connection therewith may be used and enjoyed
by the Licensee and by his invitees and guests for recreational purposes only.
6. The Licensee shall operate and maintain the facilities for which this
License is granted in a safe manner and in accordance with applicable local,
state, and federal statutes and regulations and shall supervise the use of said
facilities by his invitees and guests in order to insure that their use of said
facilities shall be safe and lawful.
7. Neither the Licensee nor anyone acting or claiming to act under
him shall discharge, dump or otherwise place in or upon the property of the
Licensor any sewage, discharge from septic tanks, garbage, trash, or other
waste materials, or permit the same to enter the Reservoir, except to the extend,
and in accordance with plans, approved in writing by the Licensor.
3

8. The Licensee shall indemnify the Licensor against and hold it
harmless from any and all damages, claims or causes of action of any kind
whatsoever arising from, connected with or growing out of, the operation,
repair, maintenance or use of the said boat dock, appurtenances thereto and
pleasure water craft or the use or enjoyment of any right of privilege granted
hereby.
9. The portion of the Reservoir with respect to which this license and
privilege is hereby granted is an indivisible part of a hydro-electric power
development on the Cheoah and Little Tennessee Rivers in Graham and Swain
Counties in North Carolina and in Blount and Monroe Counties in Tennessee
which hydro-electric power development is known as the Tallassee Project and
the water in the Reservoir will be subject to variation. caused by the natural rise
and fall of Cheoah and Little Tennessee Rivers and by such rise and fall as the
operation of said power development may make necessary or desirable. The
Licensee, as a part of the consideration for the license and privilege herein
granted, hereby convenants and agrees that he will assert no claim against the
Licensor for injuries or damage to the person or property, real or personal, of
the Licensee and that he will indemnify the Licensor against, and hold it
harmless from, and all claims for injuries and damage to the person or property,
real or personal, of those claiming through or under him, or of those enjoying
the rights and privileges hereby granted arising, or resulting from, the
4

construction, maintenance or operations of said power development or the use
of, or operations upon, the lands adjoining said power development for purposes
incidental to said power development or to the safe, economic, and sanitary
operation thereof.
10. The license and privilege hereby granted shall not in any manner
or to any extent limit the rights of the Licensor with respect to the waters in the
Reservoir, or the intervening or adjacent land, and specifically, but not by way
of limitation, the Licensor shall have and retain the full and complete right to the
possession and use of the said waters and intervening or adjacent land and to the
maintenance of said power development.
11. The Licensee shall not assert or attempt to assert any right or claim
to any of the property, real or personal, or rights of the Licensor whether or not
use of the same is hereby granted and the license and privilege hereby granted
shall not be deemed to vest any title thereto or interest therein in the Licensee.
12. In the event the Licensee fails to keep and perform any of the
covenants and conditions contained herein, the Licensor may, at its option,
terminate this agreement upon giving thirty (30) days written notice delivered to
the Licensee or posted upon the premises described in paragraph 1 hereof. In
the event of such termination, Licensor shall have the option to require Licensee
to remove, at Licensee's sole expense, all buildings and structures on Licensor's
5

Irr
land. If the Licensee shall fail within such time to remove any such buildings or
structure, the Licensor may remove the same at the cost and expens'e,of the
Licensee or, at the Licensor's option, it may treat the same as the property of the
Licensor without any payment, or liability for payment therefor, to the Licensee.
13. This agreement shall be binding upon the Licensee, his heirs and
personal representatives, and shall be binding upon and shall inure to the benefit
of the Licensor, its successors and assigns.
IN WITNESS WHERE OF the Licensor has caused this agreement to be
executed on its behalf by its Property Manager and the Licensee
has hereunto set his hand and seal the day and year first above written.
Licensor: Licensee:
ALCOA POWER GENERATING INC. THE BLUE BOAR INN
BYi BY:
AAA
Title: Property Manager Title: _S�P z
Tapoco Division
6

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to Maryville,
Knoxville,and
Cades Cove GREAT SMOKY MOUNTAINS
Cheoah 29 : NATIONAL PARK
` Dam 28
r r� Fontana Da P
511 KrOC 'Recur SSEe t
_Creek P SWAIN COUNTY
TAPOCO' -� Lcnie+3 ake
eg _al ` ',��:"1e� Tuckasegee River
r River YELLGW (. FONTANA c�,� �
'g Ft B VILLAGE '-
•; Tl5SEEaEEG5p[5- .CREEK 28
to Bryson City
:,, L �� Syiva.Cherokee
4 1tP,aple P Cochran Creeke� `�� and Asheville
'� Springs Santeetlah fir• -� � -
fam j Gladdens Creek
28
SANTEETLAH
Waifs : -o�i er f arse .� ALIlJI0A9D
to Tellico , o� c j Qr ove `--'-"fast �' STECOAH i
Plains Laurel'
d:>3 Buffalo
r -- - ord; 5� '1�] P
`y ^Santeetfah Creek Rnac! +_- ;?, �t �, ss1 {�45 -✓'
jr 143 / q !43 ROBBINSVILL_ E_ -aeect�Creep ti----•--pP O�cps
WESSER
N�a°ntahala Outdoor
o 19Bth� Center rafting
'Sn d
Snowb id Beat ' LEGEND
Creek
sl 0Q, Primary roads
2 j _ Secondmy roads ........
Giuvel roads
County line
Blue BOU
Creekskm
CHEROKEE COUNTY __ TOPTOh1 •
Camping
' Blue oa �`� Parking
to Andrews, Murphy, BYRONJOHNSON App;flachianTrail ---------
��� Ae �Stee and Atlanta APRIL 1999
?a u ,. SA•,/L._A/.4P./Il
r� r� ( (�
IMP r9-•�t�.; 21�V Utxlnred•d:y4
1. Switeedah Road
From Robbinsville CQ Ronald G.Joluison
R.®bbinslle, NC 2771 just follow 143 Nest
828 479-8126 to the Blue Boar Inn
W 1 B: i'v vmr.blueboarinn.com
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to Maryville
Knoxville
Townsend
129 LAKE SANTEETLAH
© Cheoah AND THE
Maple
prnl gs Rover SURROUNDING AREA
Santeetlah GRAHAM COUNTY
Dam NORTH CAROLINA
Lake Santeetlah is owned by Tapoco, Inc.
a wholly -owned subsidiary of the
Aluminum Company of America
SANTEETLAH
'�-- Santeetlah
`
ah Shores
oint Forest
Core La e �' Lakes
ri
Joyce ,w,� tl * East Buffalo
Kilmer ®,% 'ti el a ion unde ird
Memoriak' Rattler �� 4 I es
Forests S
?_ Ford f,+ Snowbird Blue Cr 0
- - Lodge Boar
- - Inn uirre
®°*Santeetlah ♦ too, Mountain
Road �'�, d 0 e �® a flew Creek
kyvv ay 1 43 _ � Masse
5 Blanc to Stecoah
a1a Bryson City
Gheroh 143 Rdnyer Waynesville
Office --- Asheville
West-Buffalo
�w �� � �i: ROBBIIVSVILLE ,` 143
VII - E Sweetwater
43
°129
to Andrews Tallulah
Map by Ronald E.Johnson Murphey
May 1999 WesS r

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4171,
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VgN

COMPLETEsN COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also-complete A. Signatu0
item 4 if Restricted Delivery is desired. /, ❑Affent
■ Print your name and address on the reverse ,G/r2�" ��Addresse
so that we can return the card to you. B. Received by Printed Name) ate of Deliver
■ Attach this card to the back of the mailpiece, /I
or on the front if space permits. 6-n , ^C
D. Is delivery address dill t from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
mosELEY
MR. ROBERT
CHERO EE REALTY
POST OFFICE BOX 36
ROBBiNSV1LLE, NC- 28771 3. Service Type
Ified Mail ❑ E ress Mail
❑ Registered eturn Receipt for Merchandis,
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number D Q _6_�6C/
(Transfer from service label) i
r i Iil lil a irir
PS Form 3811,August 2001 Domestic Return Receipt 102595.01-M-2E

UNITED STATES POSTAL SERVIC L�E4, _P FirsrClass-Mail—
ostage-&-EQe -aid
Ui Ue 7-SPS----Z p m r�jt No._�
03 MAR
North arolipa Department of
4C-DENR and'-Tatural Rcsoum.:s
59 Woodlin I'lace Ashe.ville,N' ",38,p',-2J i4
)(-%.r or Qu'u'l-1--v
MR. MIKE PARKER
DENR-DVVQ-VIQS
59 WOODF114 PLACE
ASHEVILLE, NC 28801
... .. ....... . .. ..... ...........

wQ
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director Mike Goodson, Acting Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL C
� m p
December 15, 2004 m p Crn7)
rn c rC tr
CERTIFIED MAIL - 7004-1350-0001-6624-7695 0 � C" o
RETURN RECEIPT REQUESTED D cn r.,
Jeff Cabe o 0 C C�
P.O. Box 916 -D o IM
Robbinsville, NC 28771 m z
RE: Cabe Property - Graham County
On December 9, 2004, personnel of this office inspected property adjacent to East Buffalo Creek Road in
Graham County, North Carolina. This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of
approximately 4+ acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising more than one acre; failure to secure this office's prior
approval of the plan for any land-disturbing prior to beginning the land-disturbing activity. and NCGS §1 13A-
54(d)(4), NCGS §1 13A-57(4) and 15A NCAC 4B.0107(c). An erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of the plan if additional measures are
required.
NorthCarolina
Nahirally
2090 U.S.Hwy 70,Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of the tract. NCGS §1 13A-57(3). No
sedimentation and erosion control devices or structures have been installed to retain sediment within the
boundaries of the tract under development.
Failure to take all reasonable measures to protect all public and private property from damage by such land-
disturbing activities. 15A NCAC 413.0105. Offsite damage has occurred due to sediment washing onto
property owned by others.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
Please note that merely planting grass seed does not satisfy the requirements of"vegetative cover" or of"ground
cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or other
ground cover(such as properly applied and secured mulched seeding or appropriate rip-rap) is established which
is, in fact, sufficient to restrain accelerated or man-made erosion.
If the violations described in this Notice are not corrected on or before December 23, 2004 for installation of
measures and January 10, 2005 for receipt of the Erosion Control Plan,the Division of Land Resources may take
additional appropriate legal action against you pursuant to NCGS § 1 13A-64. That action could be the
assessment of additional civil penalties and may result in the initiation of other remedies as prescribed by the Act.
If additional civil penalties are assessed for the violations, the amount may be up to $5,000.00 per day for each
day of the violation pursuant to NCGS §1 13A-64(a)(1). If all violations are corrected within the time period
specified for compliance, additional civil penalties or legal remedies will not be pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Mr. Wayne Watkins
or myself at 828-296-4500.
Sincerely,
//MIXAvrir,
Mike Goodson
Acting Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
cc: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.
NorthCarolina
Amirally
2090 U.S. Hwy 70,Swannanoa,NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

SEDIMENTATION INSPECTION REPORT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTION:2090 USHwy 70,Swannanoa„NC18778(828)296-4500
County:Graham Project: Cabe property River Basin:Little Tennessee
IF Person Financially Responsible:Jeff Cabe Project# new-Graham
Address:P.O.Box 916 Robbinsville,N.C.28771
1. Project Location:East Buffalo Creek Rd. Pictures: Yes Type:Digital
2. Weather and Soil Conditions Cloudy/Rain/60/soils are saturated.
3. Is site currently under Notice of Violation? No
4. Is site in compliance with the S.C.P.A.and the rules? No If no,check the violations below:
5. Violations:
®a.No approved plan,G.S. 113A-57(4)and 15A NCAC 0413.0107(c)❑g.Inadequate buffer zone,G.S. 113A-57(1)
❑b.Failure to follow approved plan,G.S. 113A-61.1 ❑h.Graded slopes and fills too steep,G.S. 113A-57(2)
❑c.Failure to submit revised plan,G.S. 113A-54.1(b)and or 15A NCAC 0413.0124(d)
15A NCAC 04B.0118(a) ❑i.Unprotected exposed slopes,G.S. 113A-57(2)
❑d.Failure to provide adequate groundcover,G.S. 113A-57(3)and ❑j.Failure to maintain erosion control measures,
15A NCAC 04B.0I07(b)or 15A NCAC 04B.0124(e) 15A NCAC 04B.0113
®e.Insufficient measures to retain sediment on site,G.S. 113A-57(3) ❑k.Other(describe)
®f.Failure to take all reasonable measures, 15A NCAC 04B.0105
6. Potential NPDES Permit Violation? Yes Describe via stormwater
7. Has sediment damage occurred since last inspection? Initial Inspection If yes,where? Lake/natural watercourse off the tract
Description Eroding graded surfaces from the site into creek,then,into Santeelah Lake. Degree of Damage Severe
8. Contact made with no one on site Title n/a
Inspection report ❑given to or ®sent to Person Financially Responsible Date given/sent: 12/13/2004
9. Corrective Actions Needed:
A. Obtain erosion and sedimentation control plan approval from the Asheville Regional Office.Plan must be
received by January 10,2004.
B. Establish a vegetative cover on all exposed surfaces.Use winter seeding specifications at the present time,
use permanent seeding specifications in spring of 2005.All areas shall be covered with straw mulch at
4000 lbs./acre at this time.
C. Install erosion control devices,in accordance with NCDENR specifications,to prevent erosion and
sedimentation into watercources and/or property of others.This action must be accomplished by December
23, 2004.
D. Install erosion control measures as needed to maintain all sediment on your property,then,maintain said
measures in accordance with NCDENR standards.
10. Comments:
A. Erosion control measures must be installed immediately.Consult with your plan designer or contrator for
the location,size and construction standards for the installation of erosion control measures.
B. The compliance inspection for erosion control measures being in place is scheduled for December 23,2004
C. The erosion control plan should be received by the Asheville Regional Office no later than January 10,
2004.
D. Mr. Cabe was notified of the inspection and requirements by personal visit at his office on December 9,
2004.
Report by: Wayne Watkins Others Present n/a
Date of Inspection: 12/9/2004 Time arriving at site:2:30pm Time leaving site:3:00pm
Cc: file

NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
September 1, 2004 (�a
CERTIFIED-MAIL - 7004-0750-0000-2590-1224 D E QJ0F
RETURN RECEIPT REQUESTED
John Montesi SEP ® 1
273 Hidden Lakes Road
Topton, NC 28781
WATER QUALITY
Montesi Property- Graham County, North Carolina ASHEVILLE REGION
On August 30, 2004, personnel of this office inspected property located off of Highway 19, in Topton, North
Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation
Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of approximately 2+ acres
being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising'more than one acre; failure to secure this office's prior
approval of the plan for any land-disturbing prior to beginning the land-disturbing activity. and NCGS §1 13A-
54(d)(4), NCGS §1 13A-57(4) and 15A NCAC 413.0107(c). An erosion control plan for the project has not .
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite.sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of`the plan if additional measures are
required.
NorthCarohna
vVaturallry
2090 U.S. Hwy 70,swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

Failure on a tract of more than one acre, when more than one acre is uncovered, to provide ground cover
sufficient to restrain erosion on such exposed areas within 15 working days or 90 calendar days, whichever is
the shorter, after completion of construction or development. NCGS §113A-57(3); also 15A NCAC
4B.0007(b). Over 15 working days have passed and a ground cover sufficient to restrain erosion has not been
established.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of the tract. NCGS §113A-57(3). No
sedimentation and erosion control devices or structures have been installed to retain sediment within the
boundaries of the tract under development.
Failure to take all reasonable measures to protect all public and private property from damage by such land-
disturbing activities. 15A NCAC 4B.0105. Offsite damage has occurred due to sediment washing into Long
Branch and onto property owned by others.
Failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the
land-disturbing activity, whichever is the greater width. NCGS §1 13A-57(1) and 15A NCAC.0025(b). No
-:..buffer-zone-was•provlded 516h Long Branch.
- s A
Failure to provide for graded slopes and fills an angle which can be retained by vegetative cover or other erosion
control devices or structures. NCGS §1 13A-57(2). Cut and fill slopes on the site are too steep to be stabilized.
To correct these violations, you Must prepare and submit for approval an erosion control plan for the site and
fully]mplem ent-that plan upgn its approval. In the interim pending approval of the plan,you must immediately
provide measures on site,sufficient to protect adjacent property and watercourses as there is potential for damage
11to•occur before a plan can be prepared, reviewed, and implemented.
To correct these violations, you must provide sufficient buffer with a minimum width of(25') measured from
the top of the bank. The buffer must provide sufficient shade to prevent adverse temperature fluctuation in
waters of Long Branch. You must restore the area disturbed in the (25') trout stream buffer to original contours
and vegetative condition. A restoration plan for review and approval must be provided to the Asheville Regional
Office.
Please note,that merely planting grass seed does not satisfy the requirements of"vegetative cover" or of"ground
cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or other
ground cover(such as properly applied and secured mulched seeding or appropriate rip-rap) is established which
is, in fact, sufficient to restrain accelerated or man-made erosion.
An initial one-day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is
not required for this initial one-day civil penalty pursuant to NCGS 1 13A-61.1(c) and NCGS 1 13A064(a)(1).
Such an initial one-day civil penalty is being considered for this project.
A sufficient buffer to prevent further damage shall be in place on or before September 10, 2004. Plan
submittal, revegetation and restoration shall be accomplished on or before September 30, 2004.
If the violations described in this Notice are not corrected on or before September 30, 2004, the Division of
Land Resources may take additional appropriate legal action against you pursuant to NCGS § 1 13A-64. That
action could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §1 13A-64(a)(1). If all violations are
NorthCarolina
Naturally
2090 U.S. Hwy 70,Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
PAny new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Mr. Wayne Watkins
or myself at 828-296-4500.
Sincerely,
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
cc: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.

Case#
SEDIMENTATION
NORTH CAROLINA DEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
LAND QUAL17YSECTION-In -
ounty �' oject: &j4a(� River Basin
Person Financiall Responsible: / Project# — '
Address: /
1. Project Location l e,n.4, ) Pjctures: No ❑ Y6X Prints❑ Slides❑ Di 1eo❑
2. Weather and Soil Conditions v Q✓`tf u'
3. Is site currently under notice of violation! Yes ❑ No� /
4. Is the site in compliance with the S.P.C.A.and the rules? Yes❑ No❑ If no,check violations below:
5. Violations:
�a. No approved plan,G.S.113A-57(4)and 15A NCAC 4B.0107(c) Ykg. Inadequate buffer zone,G.S.113A-57(1)
❑b. Failure to follow approved plan,G.S.113A-61.1 h. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) i. Unprotected exposed slopes,G.S.113A-57(2)
❑d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
e Insufficient measures to retainsediment on site,G.S.113A-57(3) ❑k. Other(describe)
f. Failure to take all reasonable mea ures,15A NCAC 4B.0105{
6. NPDES Permit Violation? YeA No❑ Describezzz
7. Has sedimentation damage occurred since last inspection? Yes If yes,where?(check all that apply): No❑
--Eake/natural watercourse on the tract Lake/natural watercourse off the tract ❑ Other roperty ❑
Description:
Degree of damage: Slight❑ Moderate❑ Severe
8. Contact made with(Name}— / - Title-- /
Inspection Report given❑ or sent' to Perso Financially Responsible Date giv sen
9. Corrective actions needed:
-�- 1, e
271
.- �S� %�c�-�,���� n l✓u 5�' � h'� s�;-P�f �� ���-;�,,.�,n�C c'�;��Uv�,s ��i�f�f���
—� ,-
'-a )
[ 1i1.� n
Report by: Others present
Date of Inspection: Time arriving at site: a2 - 3y Time leaving site:
cc:

E
0
i FR
NCDENR
AUG 3 0 2004
_J
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND N TURMBOURCISCTION
Michael F. Easley, Governor -v E
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
August 27, 2004
CERTIFIED-MAIL - 7004-0750-0000-2590-1132
RETURN RECEIPT REQUESTED
Pete Madan
P.O. Box 2150
Robbinsville, NC 28771
Madan Property- Graham County
On August 25, 2004, personnel of this office inspected property located off of Snowbird Road in Graham
County, North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of
approximately 0.60 acre being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to take all reasonable measures to protect all public and private property from damage by such land-
disturbing activities. 15A NCAC 4B.0105. Offsite damage has occurred due to sediment washing into
Snowbird Creek.
Failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the
land-disturbing activity, whichever is the greater width. NCGS §1 13A-57(1) and 15A NCAC.0025(b). No
buffer zone was provided along Snowbird Creek.
To correct these violations, you must provide sufficient buffer with a minimum width of(25') measured from
the top of the bank. The buffer must provide sufficient shade to prevent adverse temperature fluctuations in
waters of Snowbird Creek. You must restore the area disturbed in the (25') trout stream buffer to original
NorthCarolina
Naftirallff
2090 U.S. Hwy 70,swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

1
contours and vegetative condition. A restoration plan for review and approval must be provided to the Asheville
Regional Office.
A sufficient buffer to prevent further damage shall be in place on or before September 3, 2004. Plan
submittal , revegetation and restoration shall be accomplished on or before September 15, 2004.
An initial one-day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is
not required for this initial one-day civil penalty pursuant to NCGS 1 13A-61.1(c) and NCGS 1 13A064(a)(1).
4- Such an initial one-day civil penalty is being considered for this project.
If the violations described in this Notice are not corrected on or before September 15, 2004, the Division of
Land Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That
action could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §1 13A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
Please be aware that you may request a waiver of the trout buffer requirement directly from the Land Quality
Section Chief, Mr. Mell Nevils, PE, 1612 Mail Service Center, Raleigh, NC 27699-1612.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Mr. Wayne Watkins
or myself at 828-296-4500.
Sincerely,
1
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
CC: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.
None
rthCarohna
Naturally
2090 U.S. Hwy 70,Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.u5/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

Case#
SEDIMENTATION
NORTH CAROLLVADEPARTMENT OFENURONMENTAND NATUMIL RESOURCES
LAND QUAL=SEC OUZI
County Project: River Basin
Person Finan$ y Respo sible: C� Project# yz�4 2�—
Address:
1. Project Location tJ n Pictures: NoU Yes❑ Prints❑ Slides❑ Digital❑ Video❑
2. Weather and Soil ConditionsOT � —!
3. Is site currently under notice of violation? Yes❑ NOX
4. Is the site in compliance with the S.P.C.A.and the rules? Yes❑ NoX If no,check violations below:
5. Violations:
❑a. No approved plan,G.S.113A-57(4)and 15A NCAC 4B.0107(c) �g. Inadequate buffer zone,G.S.113A-57(1)
❑b. Failure to follow approved plan,G.S.113A-61.1 ❑h. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) ❑i. Unprotected exposed slopes,G.S.113A-57(2)
❑d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
❑e. Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑k. Other(describe)
X. Failure to take all reasonable measures,15A NCAC 4B.0105
6. NPDES Permit Violation? Yes-)d No❑ Describe
7. Has sedimentation damage occurred since last inspection? Yes If yes,where?(check all that apply): No❑
Lake/natural watercourse on the tract❑ Lake/natural watercourse off the tract ❑ Other
Description W J7A -
Degree of damage: Slighter Moderate❑ Severe❑
8. Contact made with(Name)� � � -/f A` Title
- to Person Financially Responsible Date
Inspection Report given❑ or senten -
9. Corrective actions needed:
�
^ v -
10. Comments:
Report by: Others present
Date of Inspection: v2 / Time arriving at site: ,3 ' Time leaving site: -U y!1 s•a. -
cc: >_

/ _I
Oil,, D
NCDENR AUG 2 ? zoos
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAT RA tJftQ 8I o PCE
Michael F. Easley, Governor illiarn U. KOSS, DUUMCIly
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
August 27, 2004
CERTIFIED-MAIL - 7004-0750-0000-2590-1125
RETURN RECEIPT REQUESTED
William E. Brown
Marsha E. Brown
12359 South M37 Highway
Dowling, MI 49050
Brown Property - Graham County
On August 25,2004,personnel of this office inspected property located off of Old Sweetwater Road in Graham
County, North Carolina. This inspection was performed to determine compliance with .the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of
approximately 1 + acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, NCGS §1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising more than one acre; failure to secure this offices prior
approval of the'plan for any land-disturbing prior to beginning the land-disturbing activity. and NCGS §1 13A-
54(d)(4), NCGS §1 13A-57(4) and 15A NCAC 4B.0107(c). An erosion control plan for the project has not
been submitted to thisofflce..
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of the plan if additional measures are
ne
NorthCarolina
vVaturally
2090 U.S.Hwy 70,swannanoa,NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10%post-consumer paper

fig.� 1Z. reguir d L- 1,
Failure on a tract of more than one acre, when more than one acre is uncovered, to provide ground cover
sufficient,to restrain:erosion on such exposed areas within 15 working days or 90 calendar days, whichever is
'may„ the shorter, after completion of construction or development. NCGS §113A-57(3); also 15A NCAC
4B.0007(b). Over 115 working days have passed and aground cover sufficient to restrain erosion has not been
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of the tract. NCGS §113A-57(3). No
sedimentation and erosion control devices or structures have been installed to retain sediment within the
boundaries of the tract under development.
Failure to take all reasonable measures to protect all public and private property from damage by such land-
disturbing activities. 15A NCAC 413.0105. Offsite damage has occurred due to sediment washing into a
tributary of Sweetwater Creek and onto property owned by others.
Failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to confine
visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the
land-disturbing activity, whichever is the greater width. NCGS §1 13A-57(1) and 15A NCAC.0025(b). No
buffer zone was provided along a tributary of Sweetwater Creek.
Failure to provide for graded slopes and fills an angle which can be retained by vegetative cover or other erosion
control devices or structures. NCGS §1 13A-57(2). Cut and fill slopes on the site are too steep to be stabilized.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan,you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
Please note that merely planting grass seed does not satisfy the requirements of"vegetative cover" or of"ground
cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or other
ground cover(such as properly applied and secured mulched seeding or appropriate rip-rap) is established which
is, in fact, sufficient to restrain accelerated or man-made erosion.
An initial one-day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is
not required for this initial one-day civil penalty pursuant to NCGS 1 13A-61.1(c) and NCGS 1 13A064(a)(1).
Such an initial one-day civil penalty is being considered for this project.
If the violations described in this Notice are not corrected on or before September 30, 2004, the Division of
Land Resources may take additional appropriate legal action against you pursuant to NCGS § 1 13A-64. That
action could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. if additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §113A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
NorthCarolina
;Vaturally
2090 U.S. Hwy 70,Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/EN,R
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Mr. Wayne Watkins
or myself at 828-296-4500.
Sincerely,
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
cc: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.

Case#
SEDIMENTATION INSPECTION REPORT
NORTH C,4ROLINADEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
LAND QUALITYSECTI - 7-
PCoutyn Project: T River Basin son Financially Responsible- L--/ E -en/� !� SH �G�� Pro ct#
Per '-
Address: �� r sD / -3 7 H16IVA)A .DDG0Z--ZA t�i4" �9D��"D
1. Project Location�� -47ZOA7'� tur:s: Nof Yes❑ Prints❑ Slides❑ Digital❑ Video❑
2. Weather and Soil Conditions ^
3. Is site currently under notice of violation? Yes❑ Nox
4. Is the site in compliance with the S.P.C.A.and the rules? Yes El No ❑ If no,check violations below:
5. Violations:
Ya. No approved plan,G.S.113A-57(4)and 15A NCAC 4B.0107(c) �g. Inadequate buffer zone,G.S.113A-57(1)
❑b. Failure to follow approved plan,G.S.113A-61.1 Xh. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) ❑i. Unprotected exposed slopes,G.S.113A-57(2)
>�d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
e. Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑ k. Other(describe)
f. Failure to take all reasonable measures,15A NCAC 4B.0105
6. N?DES Permit Violation? Yes No❑ Describe
7. Has sedimentation damage occurred since last inspection? YesW If yes,where?(check all that apply): No❑
-Inake/natural waterco rse on the tract, /natural watercourse off the tract Other properti
Description: /� / lV�°NLl2�� D n T ��
Degree of damage: Sli ht❑ f Moderate Severe —
_. Contact made with(Name), r Title
Inspection Report given❑ or sent to erson Financially Responsible Date-giveYle > �
9. Corrective actions needed:
Z7< NA; v� � 7 ).2
f2
10. Comments:
Report by: Others present
leaving =T� �
Date of Inspection: Time ing site:
Time arriving at site: �`
cc: '

® EC EI V.,E
Ama AUG - 9 2004
NCDENR
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
'SEDIMENTATION POLLUTION CONTROL ACT
August 5, 2004
CERTIFIED-MAIL - 7004-0750-0000-2590-0999
RETURN RECEIPT REQUESTED
Eugene McRoberts
P.O. Box 489
Ruskin, FL 33570
McRoberts Site - Graham County
On August 8, 2004, personnel of this office inspected property located adjacent to Highway 28 in Graham
County, North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land-disturbing activity of
approximately 1 + acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation"of the Act, NCGS §1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to file an acceptable erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land-disturbing activity on a tract comprising more than one acre; failure to secure this office's prior
approval of the plan for any land-disturbing prior to beginning the land-disturbing activity. and NCGS §1 13A-
54(d)(4),NCGS §1 13A-57(4) and 15A NCAC 4B.0107(c). An erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, temporary
measures must be provided immediately to control erosion and prevent sedimentation damage. Any additional
land-disturbing activities conducted without an approved erosion and sedimentation control plan will constitute
additional violations of the Act. We will notify you following our review of the plan if additional measures are
required. .
NorthCarohna
naturally
2090 U.S.Hwy 70,Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

ca
_ iluwe..on..a-#Yac'C�� Q1 e than one acre, when more than one acre is uncovered, to install sedimentation and
I 'I; erosion control devices sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the,tract during construction upon and development of the tract. NCGS §113A-57(3). No
.F sedimentation and' erosion'control devices or structures have been installed to retain sediment within the
boundaries of the tractt under development.
L:,EjNmwithin.1._working,days or 30 calendar days, whichever period is shorter, of completion of any phase of
grading to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures
sufficient to restrain erosion. NCGS §113A-57(2). No ground cover or erosion control devices have been
provided to restrain erosion on the site.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan,you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
Please note that merely planting grass seed does not satisfy the requirements of"vegetative cover"or of"ground
cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or other
ground cover(such as properly applied and secured mulched seeding or appropriate rip-rap) is established which
is, in fact, sufficient to restrain accelerated or man-made erosion.
If the violations described in this Notice are not corrected on or before September 8, 2004, the Division of
Land Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That
action could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS §113A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land-disturbing activity associated with this project should not begin until the area presently disturbed
is brought into compliance with the Act. When corrective actions are complete, you should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition,once compliance has been achieved,all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it
is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative regulations may be examined at this office or will be sent to you upon request. Should you
have questions concerning this Notice or the requirements of the Act, please contact either Mr. Wayne Watkins
or myself at 828-296-4500.
Sincerely,
. Carson Fisher P.E.
Regional Engineer
NorthCarolina
Natmally
2090 U.S. Hwy 70,Swannanoa,NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer-50% recycled/10% post-consumer paper

PFHCF/jt
closures: Sedimentation Inspection Report
cc: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.

Case#
SEDIMENTATION INSPECTION REPORT
NORTH CAROLM DEPARTMENT OFEAf UIRONMENTAND NATURAL PESO URCES
L AD QUAMYSECTION. : e, - 1 /
ounr;��".�f} Project: River Basing-/
Peon Financially Respo sible: E e Project#
Crs #
Address:
1. Project Location TT,IJG1 SCD/tom`; Pictures: No ❑ Yes Prints El Slides❑ Digital Video❑
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2. Weather and Soil Conditi s�f,..,i
3. Is site currently under notice of violation? Yes ❑ NoA
4. Is the site in compliance with the S.P.C.A.and the rules? Yes❑ No If no,check violations below:
5. Violations:
a. No approved plan,G.S.113A-57(4)and 15A NCAC 04B.0107(c) ❑g. Inadequate buffer zone,G.S.113A-57(1)
❑b. Failure to follow approved plan,G.S.113A-61.1 ❑h. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and or 15A NCAC 04B.0124(d)
15A NCAC 04B.0118(a) ;0 i. Unprotected exposed slopes,G.S.113A-57(2)
❑d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 04B.0107(b)or 15A NCAC 04B.0124(e) 15A NCAC 04B.0113
e. Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑k. Other(describe)
/l - . Failure to take all reasonable measures,15A NCAC 04B.0105
6. Potential NPDES Perrhit Violation? YesA No ElDescribe 49 €.tLa /t.2A 2
7. Has sedimentation damage occurred since last inspection? iYes❑ If yes,where?(check all that apply): No❑ Uf'1-
Lake/natural watercourse on the tract❑ Lake/natural watercourse off the tract ❑ Othetgv-QpgrtX1,Gr
Description: — �. 2, i—oin�
Degree of damage: Slight❑ Mo erate R evere❑ `�- U G. � -
8. Contact made with(Name) AL0 / �2-1 ��Gz��" Title
Inspection Report given❑ or sent to Person Financially Responsible Date given i Je /Cel T�f/
9. Corrective actions needed: d✓/A4 D, V.
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10. Comments: ��'� T
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Report by: Others prres`ent"`-- ,/
Date of Inspection/7� l Time arriving at site: ' d(���ca - Time leaving site: /�o
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