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HomeMy WebLinkAbout20091021 Ver 2_401 Application_20100210ti LCCS, Inc. 1156 Perth Road Troutman, NC 28166 Phone 704-528-7400 Fax: 704-528-3400 Contact Information: Steve Davis sdavisCaD-lancasterdock.com E MAIL ADDRESS LCCS 1156 Perth Road Troutman, NC 28166 704-528-7400 Phone 704-528-3400 Fax www.lancasterdock.com WEB SITE O q - o a,% U 2, @??v5 FEB WETLANDS - WATER QUALITY 0. AND STORMygTEj% BRANCH o q -1 o a. L) 161. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ? Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. 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: '8 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: ?04AD k/A LIL F T 2b. County: C w 2c. Nearest municipality / town: F-.,,e_o ll p 2d. Subdivision name: iEti/ 2 i 2e. NCDOT only, T.I.P. or state project no: ?e ? ?; ?C'1C 3. Owner Information nAN ENR _ WATER' 3a. Name(s) on Recorded Deed: Y !? v? BRgN 3b. Deed Book and Page No. -12. It 7 D30( 3c. Responsible Party (for LLC if applicable): 3d. Street address: 8 6L F C 3e. City, state, zip: 5 WkAl [. NG an 73 3f. Telephone no.: 74 __574q 4/7/D 3g. Fax no.: 3h. Email address: WAA LU 7, Fing 10 _AOL . 6,0/AA Page I of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: D9 Agent ? Other, specify: 4b. Name: STIEV 04vis 4c. Business name (if applicable): nn Gel TO _ CVJ_1vr UI yc+ Sb}?Q ?.?^?£ 4d. Street address: 115-b ?+-i, JQ.. AW 4e. City, state, zip: j ia11I I. , tntl Al e- Z ( 6 4f. Telephone no.: -? 0 _ S-Z 7Y,0A 4g. Fax no.: 7A Y • 1 24 - 3 /d 4h. Email address: ?p SS ?.lG?l- t . GD/"l 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 10 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): ?f (, / 90 f 0 Zd 9 1b. Site coordinates (in decimal degrees): Latitude: 35 L3O38 Longitude: -80. 9SYS3 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: Q, 96 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 4R KE v o A1K A 1V 2b. Water Quality Classification of nearest receiving water: 2c. 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: A.c-f 144...1-„41 /0,/.- 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 7 A" v'Jee- A- d?S /?b ? eal nn.e',!'??' t ^? ?a• ?,.? '? WaI k A 1/N ?rarl v 3e. Describe the overall project in detail, including the type of equipment to be used: w, 11 Ln a• 4 l wA c. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: El Yes I x No ? Unknown T' 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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 this project (including all prior phases) in the past? Yes [:1 No El Unknown 5b. If yes, explain in detail according to "help file" instructions. r S'1ti/?c <<n"C 6. Future Project Plans 6a. Is this a phased project? ? Yes N?No 6b. If yes, explain. Page 3 of 10 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 N /¢- 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 T 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 ? P ? 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 Temporary (T) intermittent DWQ - non-404, width (linear (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 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts 'V'/R" 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 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction All If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number (acres) 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: 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. Buffer impact 6c. 6d. 6e. 6f. 6g. number - Permanent (P) or Reason for Stream name Buffer mitigation Zone 1 impact (square feet) Zone 2 impact (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: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation J 1. Avoidance and Minimization X//,' 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes -4No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank F1 Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 'VJ#4 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program /VIA- 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. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version S. 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 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes I 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. , Comments: El Yes No ? 2. Stormwater Management Plan Al k 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ?tNo 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 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 ? DWO 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? CA.r4wd.4 GOV' ,? e- ? F-1 Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? 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 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? 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 414 . 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 8 of 10 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 f bli f ? Yes No use o pu c ( ederal/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)? t, 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 letter.) ? Yes ? No Comments: /I? f A 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 WINO 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 additional develo me t hi h ld i t ? Yes XN 0 p n , w c cou mpac 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. Al h Page 9 of 10 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 ;dNo habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes gNo impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. El ?'? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? ,4//h 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? WI A 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? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes No 8b. If yes, explain how project meets FEMA requirements: At W 8c. What source(s) did you use to make the floodplain determination? .4 54,eve- Dav's ? Q zI lr'1/D Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version Page 1 of Steve Davis From: Lancaster's Custom Dock & Lift Systems, Inc. [docks@lancasterdock.com] Sent: Wednesday, February 03, 2010 10:42 AM To: Steve Davis Subject: FW: Riparian planting approval request From: Burkhard, Michael W [mailto: Michael. Burkhard@ncdenr.gov] Sent: Tuesday, February 02, 2010 4:09 PM To: DSMurphy@aol.com Cc: jenrightgardens@yahoo.com; docks@lancasterdock.com Subject: RE: Riparian planting approval request That is correct, if you keep the board walk 4 feet (or less) and do not remove any trees in the process of construction you DO NOT need to apply for the 401 Buffer Authorization. Should you decide to go this way (4' or less) we will need to have a revised plan from Jan reflecting this change. I hope this helps. Thank You Michael Burkhard From: DSMurphy@aol.com [mailto:DSMurphy@aol.com] Sent: Tuesday, February 02, 2010 3:57 PM To: Burkhard, Michael W Cc: jenrightgardens@yahoo.com; docks@lancasterdock.com Subject: Re: Riparian planting approval request Mr. Burkhard, Are you saying that if the boardwalk were 4' instead of 5' that you could approve it at your level and this additional form for NCDWC in Raleigh would not be required? Denise Murphy In a message dated 2/2/2010 2:15:35 P.M. Eastern Standard Time, Michael. Burkhard@ncdenr.gov writes: Jan, thank you for sending me your riparian buffer planting plan for review and approval. As we discussed earlier today the 5' board walk you are showing on your plan will require a buffer authorization from NCDWQ since it exceeds the 4' allowable width. I have attached the 401 Buffer Authorization Form for your client to fill out and send to Raleigh. Should you have any questions, please feel free to call me. One question, this lot, according to the photos provided for the shoreline stabilization permit along with the aerial photo show this lot to be heavily wooded can I assume that the new plantings you are proposing are to "enhance" the existing vegetation and that no trees are to be removed? Thankyou Michael W. Eurkhard - michael.burkhard@ncdenr.gov N C Department of Environment & Natural Resources 2/3/2010 Page 1 of Steve Davis From: Steve Davis [sdavis@lancasterdock.com] Sent: Friday, February 19, 2010 11:05 AM To: 'Steve Davis' Subject: RE: Information Division of Water Quality Lancaster Dock is working as my agent on this boardwalk project. Steve asked me to provide you with my mother-in-law's name. She is handicapped and will be living with us. Steve needs this information related to our bridge permit at the lot on Beach Bluff Court. Her name is Agnes Sessamen and she is 89 years old. Please let me know if you need any additional information. Thanks, Kerry Kerry Murphy Home: 704-660-0064 Cell: 704-564-4710 Email: kmluvs2fish@aol.com 2/19/2010 I !? NORTH a`ED ON P6; 5I-164 q y ? o ' p` i JJ? lllllll l ?llll I ii ? / ?, ? S€ gQ I Z l q O ? I g f 1 R ? xl l l t st -s n?'?no A t ?A ? ? $ 111 ? ti Ilg4?z111 lit tilt' ??llll 4?„ ? ? r r • ? ? x RA ? R ^ AS o \ \ ll lllllll \ lilt' ?"? y9 ?e? $? ? i? ? II `?? $ I I I \ m m ` E3 ? O !? 8 z1 S =mm +14 -H1 N ?0 m 5 8 r ?ppCz zomzzzzoz N tP m cN9Wai:t Qp m om{i?m?ily y O $ .i = m ? t'ii .0! .1 \ **X*mmmmm \ G N I I ?•1?fQ11' ? JW\ ?f{!I! I ?Qpm ON?+t?J a0 Op (P 01 OIN? Gti10Un < m I \ q\ Anc r N o Oo GI-i I N? mm S! ? ? O i0 I 0 ' ? GY3X21 ` 0 0 z r o r o 1 1 !? _ GI V I I el I + Al NW ? i 9\ O" I -Z -Z ? 4 ? G y I o 1 ?1 \ I a I ? rG ` ?u \ \ n xae?3s aas_sl - - - _. ? 70 ?- \ ? z \ \ 6Lf-9462 ZSSL-90LZ I ZISL-90LZ 08A8 'a VnHSOP I '0N1 'oOSStl S83 oNl 'OOSSV SH3NM0 611 lOl I 2!r!08v9L? 1.0" I woosvii M31AH160 tlLLI>f lOl S E? I SRI. O A o y d vBi°= xz rri > z C=J to ? 4* og v ° 6 rn 5 FA an?]ZO?? ?? ? +? ? uJp ? ? ? ???4 ^?i y i ?t -I+?NN cn i?5 U t?,i?, yj M V SZ7yQ SS Z PDF Created with deskPDF TS PDF Writer- DEMO:: http://www.docudesk.com ALIT 3-; VJ N CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Coleen H. Sullins Director Dee Freeman Secretary October 2, 2009 DWQ# 09-1021 Catawba County Mr. Kerry Murphy 8891 Beach Bluff Sherrills Ford, NC 28673 Subject Property: Lot 117, North View Harbor, Lake Norman Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian Buffer Rule (15A NCAC 2B .0243) with Additional Conditions Dear Mr. Murphy: You have our approval, in accordance with the general certification and those conditions listed below, to place fill in or to otherwise impact/stabilize the following as described in your application dated September 24, 2009: Amount Approved Units Plan Location or Reference Shoreline 184 feet 404/CAMA Wetlands (acres) Waters 0.016 acres Buffers - Zone 1 184 square ft. Buffers- Zone 2 square ft.) After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ) General Water Quality Certification Number 3693 covers the impacts (a copy can be found at: http://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Regional General Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter shall also serve 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 proceed with your project, including (but not limited to) those required by Erosion and Sediment Control, Non-Discharge, Duke Power, and Water Supply Watershed regulations. The above noted Certification will expire when the associated USACOE's 404 permit expires unless otherwise specified in the General Certification. This approval is for the purpose and design that you described in your application. If you change your project, you must notify this office and you may be required to submit 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. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohna Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service 1-877-623-6748 Internet: www,ncwaterguality.org Nahiral/J 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance, except along the immediate shoreline. 3. The access corridor shall be restored to its original state. 4. Staging shall occur, and any spoil shall be stockpiled, outside of Zone 1. 5. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake/stream buffer and will not re-concentrate before discharging into the. lake/stream as identified within 15A NCAC 2B.0243(5). 6. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent approved modifications, the applicant is required to return the attached Certificate of Completion form to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes, to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Catawba Riparian Buffer Rule as described within 15A NCAC 2B .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan Johnson at 704-663-1699. Sincerely, t for Coleen H. Sullins Enclosure CC' Ian McMillan, Wetlands Unit Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006 Lancaster Dock/Dredge P Duke Energy. November 24, 2009 Kerry Murphy 8891 Beach Bluff Sherrills Ford, NC 28673 RE: Permit Application Approval Norman - Shoreline Stabilization- 8891 Beach Bluff Dear Sir/Madame: Duke Energy Lake Services PO Box 1006 / EC12Q Charlotte, NC 28201 This office has reviewed your application to stabilize the shoreline within the Project Boundary of a Duke Energy lake. Duke Energy can authorize the proposed construction/activity, provided it is completed in accordance with the conditions required by the Corps of Engineers and the Division of Water Quality, and as described in the approved application(s). The work must be completed within twelve (12) months from the date of this letter of approval. Please post the enclosed notice(s) at the shoreline so that it will be visible from the lake, and notify us upon completion of the project so that a final inspection may be made. Rip rap use should be limited to only that necessary to adequately maintain the existing eroded bank as described in the application. Rip rap must be confined to the area between 6' below the full pond elevation not to exceed 1' above full pond elevation. NOTE: APPLICANTS MUST IMMEDIATELY NOTIFY DUKE AND STOP ALL WORK IF HISTORICAL OR ARCHEOLOGICAL RESOURCES ARE DISCOVERED DURING THE IMPLEMENTATION OF AN AUTHORIZED PROJECT. Thank you for your cooperation with this program. If you propose to build any additions, make any modifications, including maintenance, or have any further questions, please contact me at 704-382-7506 or you may call 1-800-443-5193 and select the appropriate option. Sincerely, Joseph R. Kluttz, III Lake Services Representative Duke Energy Lake Services Enclosure(s) JRK/jcb www. duke-energy. corn d ?J ?? _ J OR E F?, tR aF F H ?v m WIN 'VIM low r LM z son= M=j gq 4k %MW P v SSi t y ; F '.I r?. c? tJ2 a? MAM ANN= J