20011694 Ver 1_COMPLETE FILE_20011119

F W A rF Michael F. Easley, Governor
?0 Rp William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
> 1 Acting Director
Q C Division of Water Quality
Rebecca Bandy
3758 Landmark Drive
Sherrills Ford, NC 28673
December 5, 2001
DWQ # 01-1694
Catawba County
APPROVAL of 401 Water Quality Certification with Additional Conditions and Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 213 .0243)
Dear Mr. Bandy:
You have our approval, in accordance with the attached conditions, to impact 0.02 a-_-as of Lake Iwrman and the associated
riparian buffer for the purpose of stabilizing the shoreline on your property, 3758 Landmarr, ;give Catawba County, as described in your
application received November 19, 2001. After reviewing your application, we have do_-idec that this fill is covered by General Water
Quality Certification Number 3280, which can be downloaded from our web site at htto: 'h2?--_=nr.state_nc.us/ncwetiands. This Certification
allows you to use Regional Permit Number 198200030 when the US Army Corps of E:-,gin--_-_-s (USA.CEi issues it. This letter shall also
act as your approved Authorization Certificate for impacts to the protected riparian buffers as required under 15A NCAC 213 .0243(8). In
addition, you should get any other federal, state or local permits before you go ahead with i7ir project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulaticr:s. =,b this azopnoval 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 describe in your aopir;?n. If yoc change your project, you must
notify us in writing and you may be required to send us a new application for a new ceridicatrn. If t -e property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for =_rnplyino wth all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation me y b-- ssaquired_zs cescdbed in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached artffr,:Jon and ti-ose listed below.
Upon completion of the project, the applicant shall complete and return t e a-cased "Cerificate of Completion Form' to
notify DWQ that all work included in the 401 Certification has bin compete:._ The reS007sible part' shall complete the
attached form and return it to the 401/Wetlands Unit of the Division of W amr Q:xfity.
No trees greater than or equal to 6 inches diameter at the stump can be =em-ii --J from zone 1 except those within the
access path.
If you do not accept any of the conditions of this certification, you may ask for an adjAtmtory hearng. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition whicm =rromzs to C`apter 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, F.aliatia-L N.C. Z769S-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 4G'1 d 1`a Clean Water Act. If you have any
questions, please telephone Mike Parker in the DWQ Asheville Regional Office at 828-251-:2W or Dews Penrose in Raleigh at 919-733-
1786.
? j 7-N
J. Thcrrpr. Ph-D. i
l Director 1
Attachment
cc: US Army Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy 01-1694
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 276 1550 (Y'? 733 7r,'
'aa?
V? f R
Customer Service
1 800 523-7748

Office Use Only: 01 1E94 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit NOV 19
ection 10 Permit
W01 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: (--' P Wc?,e4?fay
3. If this notification is solely a courte copy because written approval for the 401 Certification
is not required, check here: E] ,'`?s ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? A / A
II. Applicant Information
Owner/Ap ' ant
Name:
Mailing Address:

Telephone Number: 7? y? 5??35 SS 8 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the A nt has signatory authority for the owner/applicant.)
Name. Se 1
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Page 3 of 12
Fax Number:
tIi
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number (NCDOT Only): Iy 1
3. Property Identification Number (Tax PIN): 41407-61-IT-23(o3
4. Location ff
County: p1`IU w h ja
Subdivision name (include phase/lot number
Nearest Town: 6 keu. I F-ueCL
5. Site coordinates, if available (UTM or Lat/Long): ??. 37 Z AJ ?'/ • P 36 A
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
1 _ .0_. _ 1 4.- _
r.. a
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): L414-e N o ?tnip-
9. River Basin: /? un? YJ
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed

11. List the type of equipment to be used to construct the project:
' ? Yt ties
12. Describe the land use in the vicinity of this project: S i S, ( -.-
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. 1 1 q
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, d provide ovide ustification for the exclusion of this work from the current
annlication: A) (_OQ o?
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion, If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
JJA ' o N0

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, graomg, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://N%,%ti,Nv.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: W,61c?7
Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams

Stream Impact
Site Number
indicat on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet bel'ore and after. and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name. list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
\\\\a.usks.eo\. Several internet sites also allow direct download and printing of USGS maps (e.g.. \%-\N\v-1onozone.com.
\\\N\\'.inapouesLCOm, etc.). % .
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htip://h2o.enr.state.nc.us/wrt)/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 1J _
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): A
Amount of Coastal wetland mitigation requested (acres): _
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been fmalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .9250 (Randleman Rules and
Water Supply uffer Requirements), or other (please identify untJd 4 )?
Yes V No ? If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone" sqImpact uare feet Multiplier Mini fired
1 / W 3
2 L 1.5
Total
* 'Lone 1 extends out 30 feet perpendicular from near nanx of cnannei; cone L extenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identifie w thif?A NCAC 2 .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
rwaters and wetlands
Discuss stormwater controls proposed in order to pro
downstream from the pr p rty. Ads'
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No P
Is this an after-the-fact permit application?
Yes ? No X
Page 10 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
am'es Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
I k a , o L ??.- -A--<<

* List each impact separately and identify temporary impacts. impacts include, nut are not fimruxr to: fill, excavation, wcug,,.r,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Al
Proposed use or purpose of pond (e.g., e ck watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): /
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be fo owed during construction tp reduce impacts.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetiands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sh if more space is needed.
Page 8 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
T eate ed Species, accXOP sibility problems, or other issues outside of the applicant's control).
41 CAW t I /71/14 'Z . 4 C es5

i
111)-2
Applicant/Agent's Signature J Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] atawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Sury
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page I I of 12

DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
L Applicant Information
11) /1
A. Name c?C
B. Mailing
Street Ad, s
CountyCity, town, community or landmark
Section Lot #
.IV8 4 I
C. Telephone: `!o V 41?3 - ,ST'S ' S
H. Location of Proposed Project
A. Lake (n R-tw N-)
B.
C.
D.
E.
F.
G.
Subdivision
t'Im" 1 9 2001
4.
Latitude and longitude for the project site 35, -15 2. N 9 . $ -?,-Xd
Please submit a map showing the coordinates or a detailed map (USGS quad map, city
map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude
coordinates can be found on internet site, www.mapblast.com)
HL Description of Project
A. Length of wall
B. Material P
C. Distance from property line/shoreline_ &
IV. Intended Use of Project Area
A. Private /
B. Commercial o
V. Applicant Signature GC ??G4 Date
PLEASE NOTE THE FOLLOWING:
A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF
THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151
PATTON A VF- - ROOM 208, ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER-QUA7;ITY-APPLICATION FEE TO:
NC DIVISION OF WATER _0UALITY,
?` ?'T?ENTION: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
0920/01 ssb
Catawba County, North Carolina
This map product was prepared from the Catawba County, NC, Geographic Information System.
Catawba County has made substantial efforts to ensure the accuracy of location and labeling information
contained on this map. Catawba County promotes and recommends the independent verification of any
data contained on this map product by the user. The Countyof Catawba, its employees, agents, and
personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether
direct, indirect or consequential which arises or may arise from this map product or the use thereof by
any person or entity.
NORTH Selected Parcel Number: 4607-01-15-2363
Scale: 1 inch = 80 feet Prepared For: Bandy
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1000 Meters
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