20091021 Ver 2_More Info Received_20100317

LCCS, Inc.
1156 Perth Road
Troutman, NC 28166
Phone [phone]
Fax: [phone]
Contact Information:
Steve Davis
sdavisCairlancasterdock.com E MAIL ADDRESS
LCCS
1156 Perth Road
Troutman, NC 28166
704-528-7400 Phone
704-528-3400 Fax
www.lancasterdock.com WEB SITE
r ?
ND-ERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 2, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Kerry Murphy
8891 Beach Bluff Court
Sherrills Ford, NC 28763
DWQ Project # 2009-1021v2
Catawba County
Subject Property: Boardwalk for Lot 117, Northview Harbour, Sherrills Ford, NC
Lake Norman [030832,11-(75), WSIV, B. Ca]
REQUEST FOR MORE INFORMATION
Dear Mr. Murphy:
On February 23, 2010, the Division of Water Quality (DWQ) received your application dated February
15, 2010 to impact an unknown amount of Zone 1 and Zone 2 protected riparian buffers to construct the
proposed boardwalk at the subject property. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive three copies of the additional information requested
below, we will place this project on hold as incomplete until we receive this additional information. If we
do not receive the requested information, your project will be formally returned as incomplete. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
Please re-submit your site plans on full plan sheets at a scale of no smaller than 1 "=50'.
2. Please enumerate all riparian buffer impacts on the site plan and clearly label impacts (Buffer Impact
1, etc.).
3. Please locate all of the protected riparian buffers as overlays on the site plan, clearly showing Zone 1
and Zone 2
4. Please provide an agent authorization letter for the application signature.
5. Please complete Section(s) C(1)(a), C(6) and D(1)(a) and D(1)(b) on the application.
6. One (1) data CD of full size plans in TIFF Group 4 format (black and white, not grayscale or color).
If the plans are too large to store in TIFF format, they can be stored in PDF format.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me. If you will not be able to provide the requested information within that timeframe,
please provide written confirmation that you intend to provide the requested information, and include a
specific timetable delineating when the requested materials will be provided. If we do not hear from you
in 30 calendar days, we will assume that you no longer want to pursue this project and we will consider
the project as returned.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 y+ //
Phone: [phone] l FAX: [phone]
Internet: http://h2o.enr,state,nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
Vj 1 q.
LEI]
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:
E] 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: l4ORAD UM LW-- -C00 T
2b. County: C w
2c. Nearest municipality / town: F 11
2d. Subdivision name: lYdkrw ACA/ Q
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information '
3a. Name(s) on Recorded Deed: y fK V4 DEw-WATEROUAUTY
3b. Deed Book and Page No. '12. It 7 4306
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 8 BAACH C
3e. City, state, zip: ,SN,£!zA ar 54y/ NG Z86 73
3f. Telephone no.: 70 210
3g. Fax no.:
3h. Email address: PALU $ 2- Fi A . LO/'LL
Page I of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: 99 Agent ? Other, specify:
4b. Name: .STWV Q4vjf
4c. Business name
(if applicable): nn
LP#"Gas?, CWTOe- UIG,Ic+ j
4d. Street address: I I S-b e. 0, &0 AW
4e. City, state, zip: Ovfrw?v Al.. 2-171104
4f. Telephone no.: 7D 71600
4g. Fax no.: W Y 5'7-6 - 3 /O
4h. Email address: •5'0*vcs LR wL4She-[ Rog 4.01- 1
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
1 a. Property identification no. (tax PIN or parcel ID): (, / 90 ?e xo 9
1 b. Site coordinates (in decimal degrees): Latitude: j s. G 3038 Longitude: - 80.4SYS3
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: ?, 96 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
4A KE NO RA,%?F Al
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: 0111-1, a,111--le-
I"A-0 b«rol ? 1 k H*i / / 1 ld ?,. A-fX A c o vim.
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: ?^0 V 1?'e 14L- &;6w, ^ --I-- ilk -tp 01-ao
d?Sll? ?tal M•p-?"tiy??.?. !ate '7`b (?+?a?k A 1/i? ?/'a/?
3e. Describe the overall project in detail, including the type of equipment to be used: wi it °L

I
0
` i WA
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 No ? Unknown
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 ? No F1 Unknown
5b. If yes, explain in detail according to "help file" instructions. .0aer 4 A-C Is
6. Future Project Plans
6a. Is this a phased project? ? Yes 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 projec eck all tha pply):
? Wetlands ? Streams - tributaries f LBuffers
? Open Waters ? Pond Construc
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 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 -
Permanent (P) or (PER) or
int
rmitt
t (Corps - 404, 10 stream length
li

Temporary (T) e
en
(INT)? DWQ - non-4041
other) width
(feet) near
(
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 El 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'/A-
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
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction ?l
If pond 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
5E 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. 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?
61 ;4P ? T tte,.? ?e? El Yes ? -

B2 ? P ? T ? Yes
? No
E?3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: '7 `Id 'K -5 °? ..:_ i e,
Page 5 of 10
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
er r ® ?G E? - p -a,?? be % ?4'_
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through const uctio- techniques.

14
/
2. Compensatory Mitigation for Impacts to Waters of he 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 -R?No
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

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N
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
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 N0
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
1a. Does the project include or is it adjacent to protected riparian buffers identified
ithi
f ? Yes ?,No
w
n one o
the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
_
El Yes [
1 No
Comments:
2. Stormwater Management Plan Al h-
2a. What is the overall percent imperviousness of this project? D %
2b. Does this project require a Stormwater Management Plan? ? Yes ?INo
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
? DWQ 401 Unit
3. Certified Local Government Stormwater Review A
3a. In which local government's jurisdiction is this project? CA r4ws,4 coevie rli N e-

? 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 fit/
? 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
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
d
l/ ? Yes No
use o
pu
c (
e
era
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
letter.) ? Yes ? No
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 WNO
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 XN 0
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.
I?
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 PdNo
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
im
acts? ? Yes gNo
p ,,\\

5c. If yes, indicate the USFWS Field Office you have contacted. ?
Raleigh El
?
Asheville
?'
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Al 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?
,411t?
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: AI41
8c. What source(s) did you use to make the floodplain determination? ?? 4

54"e- DAVII Z/Irl/o
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

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Pagel of 2
'teve Davis '
=rom: Lancaster's Custom Dock & Lift Systems, Inc. [[e-mail]]
Sent: Wednesday, February 03, 2010 10:42 AM
ro: Steve Davis
Subject: FW: Riparian planting approval request
:rom: Burkhard, Michael W [mailto: Michael. [e-mail]]
rent: Tuesday, February 02, 2010 4:09 PM
'o: [e-mail]
:c: [e-mail]; [e-mail]
subject: RE: Riparian planting approval request
hat is correct, if you keep the board walk 4 feet (or less) and do not remove any trees in the process of
onstruction you DO NOT need to apply for the 401 Buffer Authorization. Should you decide to go this
ray (4' or less) we will need to have a revised plan from Jan reflecting this change,
hope this helps.
hank you
Aichael Burkhard
rom: [e-mail] [mailto:[e-mail]]
gent: Tuesday, February 02, 2010 3:57 PM
'o: Burkhard, Michael W
;c: [e-mail]; [e-mail]
;ubject: Re: Riparian planting approval request
1r. Burkhard,
,re you saying that if the boardwalk were 4' instead of 5' that you could approve it at your level and this
dditional form for NCDWC in Raleigh would not be required?
)enise Murphy
i a message dated 2/2/2010 2:15:35 P.M. Eastern Standard Time, Michael. [e-mail]
rites:
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
he removed?
Thank you
Michael W. Burkhard - [e-mail]
N C Department of Environment & Natural Resources
,/3/2010
March 8, 2010
North Carolina Department of Enviromental and Natural Resources
Raleigh, North Carolina
Dear Sir or Madam:
SUBJECT: LANCSTER DOCK AS OUR AGENT FOR REQUESTING PERMIT
I have selected Lancaster Dock as our agent to request permits related to shoreline stabilization and associated
landscaping projects for my lot (#117) located in North View Harbor. The address is 8891 Beach Bluff Court,
Sherrills Ford, NC 28673.
Sincerely,
vI4
Kerry Murphy
164 MARINER POINTE LANE
MOORESVILLE, NC 28117
Page 1 of 1
Reve Davis
=rom: Steve Davis [[e-mail]]
Sent: Friday, February 19, 2010 11:05 AM
fo: 'Steve Davis'
subject: RE: Information
)ivision of Water Quality
ancaster Dock is working as my agent on this boardwalk project. Steve asked me to provide you with
iy mother-in-law's name. She is handicapped and will be living with us. Steve needs this information
dated to our bridge permit at the lot on Beach Bluff Court. Her name is Agnes Sessamen and she is 89
ears old. Please let me know if you need any additional information.
hanks,
.erry
.erry Murphy
tome: 704-660-0064
:ell: 704-564-4710
.mail: [e-mail]
;/19/2010
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P Duke Duke Energy Lake Services
DrEnergy. PO Box 1006 / EC12Q
Charlotte, NC 28201
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:
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 ANA UTHORIZED 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
NCDENR
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/ncwetlands. 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: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 Naturally
Internet: www.ncwaterguality.org
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,
- _? v?
for Coleen H. Sullins
Enclosure
cc: Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
Lancaster Dock/Dredge