20091157 Ver 1_401 Application_20091009

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09- 1 1 5 7
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing & PA 111b
1 a. Type(s) of approval sought from the
Corps: IMP
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 30
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ? No For the record only for Corps Permit:

? Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Maringers Property Seawall/Retainingwall & Dock
2b. County: Rutherford D a <,
2c. Nearest municipality / town: Lake Lure A
2d. Subdivision name: Q r T q
2e. NCDOT only, T.I.P. or state
project no: DENR V.J
l" - WATER QUAUTy
3. Owner Information RBRANCH
3a. Name(s) on Recorded Deed: Werner & Patricia L. Maringer
3b. Deed Book and Page No. Deed Book 850, Page 722, MAP 511
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 1491 Memorial Hwy.
3e. City, state, zip: Lake Lure, NC 28746
3f. Telephone no.: 828-625-0093
3g. Fax no.: 828-625-0091
3h. Email address: [e-mail]
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Tax Pin 226122
Latitude: N 350 25.371 Longitude: - W 082
1b. Site coordinates (in decimal degrees): 11.978
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 0.02 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lake Lure
proposed project:
2b. Water Quality Classification of nearest receiving water: Class B, Tr
2c. River basin: Broad River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The property is between two boat house and is only 0.02 acres with an extremely steep slope from the road to the Lake
which presents a potential life hazard.
3b. List the total estimated acreage of all existing wetlands on the property:
No wetlands exist on property
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
60 foot
3d. Explain the purpose of the proposed project:
In order to get to the Lake we need to errect a Retaining Wall to eliminate further erosion.We also would like to construct
a boating dock.
3e. Describe the overall project in detail, including the type of equipment to be used:
In December when the Lake is down we would like to errect the Retaining wall consisting of 6" x 6" Posts, 4" x 6"
horizontal beams and 2" x 6" boards installed vertically. The posts will be installed with a manual post hole digger. The
30' Dock will be constructed as the Retaining Wall with the exception that the 2" x 6" boards will be installed horizontaly.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ® No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? PEI T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
60 linear foot Retaining
01 ®P ? T Lake Lure Retaining Wall & Boating Dock Lake wall & 300sq' for boat
dock
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?__
131 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Construction to be done when the lake is down which should give us proper erosion sediment control measures
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
By using only manual post hole diggers and constructing the Retaining Wall and dock with hand tools we should be able to
avoid any impact.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0.02%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No stormwater will be generated from
this project
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
There is no building on site or plan for any future development which would require treatment of wastewater
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?

Raleigh
?
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
History of Lake Lure
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® es ® No
8b. If yes, explain how project meets FEMA requirements: The retaining Wall will prevent silk sliding into the Lake
8c. What source(s) did you use to make the floodplain determination? Comen sence with preventing Silk & Debries washing
into the Lake

Werner Maringer 10/25/2009
Applicant/Agent's Printed Name Applicant/Agent's Signa re Date
(Agent's signature is valid only if an authorizatio letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Rutherford Co, NC
tuth erford Co, NC

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Layers Legend
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On Label Name
Census Tracts
City Limits
Contours 20'
County Boundary
Draft Protected
Mountain Ridges
Flood Zone
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Monuments
[ Parcels
[[ Roads
Sheet Index
Soils
C, Townships
[' Watersheds
E. Zoning

On Label Name
Aerial Imagery (2005)
Fire Districts
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Parcels
Tax PIN: 226122
GPIN:0642104629640000
Account No.: 15230437
Owners Namel: MARINGER
WERNER E
Owners Name2: MARINGER
PATRICIA L
Address1: PO BOX 228
Address2:
City: LAKE LURE
State: NC
Zip: 28746
Property Address: MEMORIAL HWY
AC DEED:O
CALC_ACRE:0.02
No. of Bldgs: 0
?., Deed Bk/Pg: 975/291
f Deed Date: 1/12/2009
2.273 Land Value: $100,000
Bldg. Value: $0

y Defr. Value: $0
Total Value: $100,000
Sale Price: $40,000
_ Neighborhood Code: L30B
Neighborhood Desc.: RESIDENTIAL
LAKE
Property Desc.: HIGHWAY 74
Zoning:
Map/Blk/Lot: 511 1 56
Nbr Land Seg.: 1
Stamps: 80.00
Land Use:
Township Code: 02
Exempt_pro:
Exempt_amt: 0
Flood Plain:
St_n br:
St_dir:
St name: MEMORIAL
St suffix: HWY
Apt_nbr:
I
Mailable link
Zoom to
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Other Attributes
http://arcims.webgis.net/nc/rtherford/default.asp 10/26/2009

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Doc b. iA)`, >j3j,'0003 Type: CRP
Recorded: 01/12/2009 at 01:59:41 PM
Fee Amt: $100.00 Page 1 of 3
Excise Tax: $80.00
InstrH 200800007479
Rutherford County, NC
Fave H. Huskey Register of Deeds
Ew975 PG291-293
Recording Time. Book and }'_? e
Lot No. ............................................. ..Parcel Identifier No.........................................................................
tied by .........................................................County on the ...................day of .................................. 2001
titail after recording to .....................................................................................................................................................
..................................................................................... --............ .................... ....................................... ................. ...............
Phis instrument was prepared by .............Robert L. Mebane.....................................................................................
3rief description for the Index
)RTH CAROLINA GENERAL WARRANTY DEED
made this ..... ....... day of ......JANUARY......... 2009, by , and between
RANTOR
Iloldings. LLC. a Georgia
nited Liability Company
?I(l Northvyinds Parkwav
ite 175
GRANTEE
Werner E. Maringer and wife,
Patricia L. Maringer
1 O. 13ox 228
Lake Lure. NC 28746
.rater in appropriate block. for each party: name, addr ss, and, inappropriate, character of entity, e.q.
orporation or partnership.
Hhe desi-,nation Grantor and Grantee as used herein shall include said parties. their heirs, successors. and
issi ns, and shall include singular. plural, masculine. feminine or neuter as required by context.
vM-IvESSEII I, that the Grantor. for a valuable consideration paid by the Grantee. the receipt of which is
rereby acknowledt,.ed, has and by these presents does grant. bargain, sell and convey unto the Grantee in
c simple, all that certain lot or parcel of land situated itt the Town of......... -LAKE LUREE ......................

........CHIMNEY ROCK......... Township . ....................... RUTHERFORD................. County, North Carolina
and more particularly described as follows:
SEE SCHEDULE A ATTACHED HERETO.
The property hereinabove described was acquired by Grantor by instrument recorded in ................................
............................................................................................................................................................................
k map showing the above described property is recorded in Plat Book ..................................... page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and
that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except
for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following
exceptions:
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officer, the day and
tear first above written.
LL HOLDINGS, LLC
(Corporate/Entity Name)
t
3 H. VNUM, JR., *MGFR/
(SEAL)
SEAL - STAMP NORTH CAROLINA,
SEAL)
County.
I, a Notary Public of the County and State aforesaid, certify that , Grantor(s) personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this day of
2003.
My commission expires:
Signature of Notary
SEAL - STAMP GEORGIA, FULTON County.
a Notary Public of the County and State aforesaid, certify that JOE H. BYNUM, JR. , personally
came before me this day and acknowledged that he (or she) is MANAGER of LL HOLDINGS,
LLC , a limited liability company, and further acknowledged the due execution of the NOON m
Yo
instrument on behalf of the limited liability co parry.
Witness my hand and official seal, this day of JANUARY , 20Q
C)
My commission expires: Zp ? a y.%
ignature of otary; `.t????°•
i???rtllit?,?*

SCHEDULE A
Werner E. Maringer and wife, Patricia L. Maringer
Description
Beginning on a locust stake and pointers in the Northeast margin of State Highway No.
20, said stake being located in the arc of a curve to the left on said highway, the radius of
which is 170 feet and said stake also located 40.6 feet, as measured around the arc of` said
curve in a Northeasterly direction from the PC of said curve at Survey Station 196, plus
21.6 and runs thence around the arc of said curve in a ° rly direction 50 feet to
an iron pin and pointers, the Southwest corner of a Boat House Lot as conveyed by
Lureland Realty Corp„ to James Murray Washburn; thence with the Southern boundary
line of said lot, due East 29 feet to an iron pin and poplar pointers in the 995 contour;
thence with said contour 3 feet in elevation above the shorelitporface of Lake Lure, in a
Southeast direction, 64 feet to a locust state and pointers; thence North 64 degrees 30
minutes West 12 feet to the point of BEGfNNING.
Being the same property as that described as Tract One in Deed Book 850, Page 722,
Rutherford County Registry.
Tax Map 511-1-56.
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