20020522 Ver 1_Complete File_20060717

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North Carolina Wildlife Resources Commission 0
Richard B. Hamilton, Executive Director
July 12, 2006
Mr. Bob Wilson
Skipjack Marine Development
858 Williamson Road
Mooresville, North Carolina 28117
RE: Morrison Plantation, Iredell County
Dear Mr. Wilson:
p@1ROWfflnO
JUL 1 7 2006
DENR - WATER QUALITY
WETLMOS MO STORMWATER BRANCH
This correspondence is in response to your letter of June 13, 2006 concerning activities proposed
for Morrison Plantation. The North Carolina Wildlife Resources Commission (NCWRC) is
authorized to comment and make recommendations which relate to the impacts of this project on
fish and wildlife through the Federal License of Water Resource Project Act (Federal Power Act-
16 U.S.C. 791a et seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661-667d).
The project is to develop 825 single family detached homes and 825 multi family units with
waterfront amenities for medium-sized, recreational, sail and power boats. North Carolina
Wildlife Resources Commission previously provided comments on the proposed project on April
2, 2002 and August 15, 2002. At that time, we did not object to the project. We provided some
project recommendations. Federal Energy Regulatory Commission (FERC) approvals were not
pursued at the time so our comments are now needed for the current FERC submittal.
Based on our review, we will not object to the project providing the project follow our earlier
recommendations as well as meet Duke Power Shoreline Management requirements and any
Catawba River buffer requirements. In addition to our earlier comments, we recommend the
inclusion of large irregular boulders or rocks along the base of seawalls to improve aquatic
habitat. Work must be accomplished so that wet concrete does not contact stream water. Any
intake structures should utilize passive screens with openings not to exceed 1 centimeter
(I millimeter in waters having anadromous fish) and with a maximum intake velocity of 0.5 fps
(feet per second). Any intake structures should be marked to reduce safety hazards during and
after construction. All activities must follow US Army Corps of Engineers 404 Permit and NC
Division of Water Quality 401 Certification specifications and any other special conditions
specified by the NC Department of Environment and Natural Resources.
For your information and consideration, the attachment provides some of our agency's general
concerns and recommendations for projects developed around and within FERC lakes. These
items have been compiled by this office since the original Morrison Plantation submittal. They
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fag: [phone]
Morrison Plantation Re-submittal -Page 2 - July 12, 2006
are provided herein for your consideration. Where possible and appropriate, they should be
incorporated into the project.
Please be advised that we are commenting directly to you since we provided earlier comments
directly to Morrison Plantation. For future applications, please be advised that we will comment
directly to Duke Power Lake Management staff concerning lake and shoreline activities instead
of to the applicant.
Thank you for the opportunity to comment on. the project during your current and previous
planning stages. If you have any questions regarding these comments, please contact me at 336-
769-9453.
Sincerely,
Ron Linville
Regional Coordinator
Habitat Conservation Program
Attachment: Lake and Shoreline Development Considerations and Recommendations
Cc: Ann Duncan, DPC
Morrison Plantation Re-submittal -Page 3 - July 12, 2006
Lake and Shoreline Development Recommendations
1)
2)
3)
4)
5)
6)
7)
8)
Boat slips should not be placed so as to impede or block navigation or create a
navigational or safety hazard for recreation. Reflectors or night lights may be
appropriate.
Boat slips should not extend into the lake further than necessary. Duke Power guidance
should be followed to minimize impacts to open waters. Dock facilities must not extend
more than a third (1/3) of the total water body width, preferably less than a quarter (1/4)
of the total water body width.
If dredging is necessary, it should be done in the dry if possible when the lake level is
low. This will minimize sedimentation into the lake. Please note that the NCWRC
discourages dredging shallow water areas with productive bottom, wetlands, or
submerged aquatic vegetation. We are less concerned with dredging shallow areas
having a mud or sand substrate.
Stabilization should only occur in areas where needed to protect destabilized and eroding
shorelines. Naturally sloped areas should not be stabilized. The stabilization project
should be done with minimum class I (class II preferred) riprap or rock. This size rock
improves aquatic habitat structure. Fabric matting may be used beneath the stone to
reduce erosion and turbidity. To the extent practicable, rock or stone should be placed
just above the high water mark and towards the lake five (5) to six (6) feet or further to
provide continuous aquatic edge habitat. We do not support the use of river rock as river
mining negatively impacts aquatic life and river rock does not tend to stay in place or
provide needed stability.
Any Large Woody Debris (LWD) should be maintained to the maximum extent
practicable to provide aquatic habitat where public safety is not compromised. If
relocated, the LWD must be securely anchored so that it will remain where installed.
Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Temporary or permanent herbaceous vegetation
should be planted on all bare soil within ten (10) days of ground disturbing activities to
provide long-term erosion control.
Where present, wide undisturbed shoreline buffers and natural vegetation should be
maintained to the extent practicable. We routinely recommend shoreline reforestation
using autochthonous plants. These should include large woody shrubs and trees.
Disturbed buffers should be restored to pre existing conditions. Depending on local
conditions, buffers can be replanted with silky dogwood, rhododendron, dog hobble, river
birch, red maple, silky willow, tag alder, black willow, sycamore, or other native woody
species to provide improved habitat, stability and shade. Note that silky dogwood, silky
willow and black willow can be planted as live stakes collected during the dormant
growing season. Cuttings should be randomly planted and done on four (4) foot centers
from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve
(12) foot centers. Banks in these areas should also be seeded with an approved native
seed mix or temporary crop of wheat or rye. Once established, these plants should
improved habitats along the edge of the lake and provide water quality and aesthetic
benefits.
Any nearby Environmental Areas and shoreline buffers 'should be surveyed and
photographed to create a permanent record of current habitat conditions. Copies of this
y Morrison Plantation Re-submittal -Page 4 -
July 12, 2006
documentation should be permanently maintained and provided to Duke Power and/or
commenting agencies upon request. These habitat areas should be protected through
individual lot deed restrictions or other enforceable methods to prevent direct and/or
indirect habitat impacts. Should impacts occur, project proponents must guarantee
restoration of any affected habitats to original pre-disturbance conditions.
9) Boating restrictions and lake access restrictions should be implemented that prevent and
minimize secondary impacts from boat wakes and shoreline activities to any
Environmental Areas and shoreline buffers.
10) Work within the buffer zone or in the lake should be done outside the fish spawning
season of March 1 through June 1 (or as otherwise stipulated by Duke Power) to prevent
off-site sedimentation from impacting aquatic life reproduction.
11) If any intakes will be used, intake structures should utilize passive screens with openings
not to exceed 1 centimeter (lmillimeter in waters having anadromous fish) and with a
maximum intake velocity of 0.5 fps (feet per second). Intake structures should be marked
in a manner that will reduce hazards to navigation during and after construction.
12) Wet concrete is toxic to aquatic organisms. Construction procedures which prevent wet
concrete from contacting surface waters should be used.
13) If fueling stations or maintenance areas will be provided, emergency spill containment
and stormwater management activities should be provided that meet Division of Water
Quality and Emergency Management requirements.
14) Duke Power's Fish-Friendly Pier construction practices for non floating piers and docks
should be used to offset lost aquatic habitats, including diminished LWD.
15) Where buffers are provided, walking trails should be kept outside the buffers or trails
should have minimal width and length. Paths or drives through this area should be no
wider than needed to access the boating facilities. We recommend that walking trails
meet American with Disabilities Act (ADA) specifications.
16) Local buffer requirements should not be violated.
17) If any water and sewer connections will be provided, Department of Environmental
Health and Division of Water Quality requirements must be followed to avoid any
noxious conditions or health concerns.
18) All activities must acquire applicable Clean Water Act permits from the US Army Corps
of Engineers and certifications from the NC Division of Water Quality as well as follow
requirements of the NC Department of Environment and Natural Resources.
Re: Morrison Plantation 02-0420 versus 02-0522
Subject: Re: Morrison Plantation 02-0420 versus 02-0522
From: Laurie Dennison <[e-mail]>
Date: Tue, 08 Aug 2006 09:36:30 -0400
To: Michael Parker <[e-mail]>
Mike
What I did is set up a V2 for 02-0522 with all the recorded info from V2 02-0420.
The permit fee was recorded under V2 02-0420 & I can't change that but I'm going to
keep both these files together but make 02-0522 the lead file.
Laurie
Michael Parker wrote:
Laurie,
02-0522 may be listed on FMP/BIMS as a "subdivision", but if you actually read
the 401, it specifically refers to stabilization, dredging, and shoreline
stabilization in the same location where the current activities are proposed. As
a matter of fact, the applicant even included the 02-0522 401 Certification in
the application (see appendices) as a reference to previously approved impacts
that were not constructed.
You may be right that 02-0522 should have actually been v2 of 02-0422, and this
new application been listed as v3, but if you check the actual 401s, this
application (IMO) better fits 02-0522 that 02-420, which only refers to the
construction of a water pumping station. Perhaps a cross reference is the best
way to go with this one, yes?
Mike
Laurie Dennison wrote:
Mike
02-0522 shows as a residential subdiv
02-0420 vl & v2 reflect shoreline stabilization & marina facility. Looking
at BIMS you were the reviewer at the time for vl
I'm thinking that actually 02-0522 should have been v2 of 02-0420 & then this
latest one should have become v3.
There can always be a cross reference noted in BIMS to relate 02-0522 with vl
& v2 of 02-0420.
Of course back in 2002 I assume File Maker was the dbase of the day until the
6/05 cutover to BIMS
Laurie
1 of 1 8/8/2006 9:39 AM
Triage Check List
Date: 7/10/06
Alan Johnson, Mooresville Regional Office
County: Iredell
To:
60-day Processing Time: 6/30/06 - 8/28/06
DWQ#: 02-0420, Ver. 2

From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Is the application consistent with pre-application meetings?
Cumulative impact concern
F-1
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Project Name: Morrison Plantation

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DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City:
State:
Morrison Plantation LLC Type of Permit Requested
"Circle":
Area A: Montibello Drive
Private Facility
Lake Norman Commercial Facility
Morrison Plantation
PIN #4637739489 Lot #:
Mooresville County: Iredell
NC Zip: 28117
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Morrison Plantation Rd, turn left. Proceed to
Plantation Ridge Rd, right. Proceed to Montibello, left.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Excavation
Stabilization
Conveyance
Miscellaneous Uses
GPAL/LAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City: Mooresville
State: NC
Morrison Plantation LLC Type of Permit Requested
"Circle":
Area B: Montibello Drive (just past Grayfox Rd)
Lake Norman
Morrison Plantation
PIN #4637749033
Lot #:
County: Iredell
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Morrison Plantation Rd, left. Proceed to Plantation
Ridge Rd, right. Proceed to Montibello Rd, left.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Zip: 28117
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
GPAL/LAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City: Mooresville
State: NC
Morrison Plantation LLC Type of Permit Requested
"Circle":
Area C: Plantation Ridge at Montibello
Lake Norman
Morrison Plantation
PIN #4637745577
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Morrison Plantation Rd, turn left. Proceed to
Plantation Ridge Rd, right.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Lot #:
County: Iredell
Zip: 28117
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
GPAL/LAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City: Mooresville
State: NC
Morrison Plantation LLC Type of Permit Requested
"Circle":
Area D: Lineberger & Muskadine
Lake Norman
Morrison Plantation
PIN #4637648736
Lot #:
County: Iredell
Zip
28117
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Doolie Rd, turn left. Proceed to Lineberger Rd, left.
Proceed to Muskadine Rd, right.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
GPAL/LAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
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Area A: Montibello Drive
Area B: Montibello Drive (just past Grayfor Rd)
Area C: Plantation Ridge @ Montibello
Area D: Lineberger & Muskadine
Mooresville, NC 28117
[phone]
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Map Center: Latitude: 35.5857 Longitude: -80.8896
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CONTAINMENT AREA FOR DREDGE SPOILS AREA
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PLAN VIEW
AREA A
Morrison Plantation LLC/Ed Kale
Area A: Montibello Drive
Mooresville, NC: 28117
[phone]

Eo ?

404
60' CONTOUR

EXISTING SHORELINE STABILIZATION
C

PLAN VIEW
AREA B
EXISTING SHORELINE STABILIZATION
G
A
Morrison Plantation LLC/Cd Bale
Area B: Montibello Drive (just past
Grai os Road}
Mooresville, NC 28117
50' 84R'
PLAN VIEW
AREA G
Morrison Plantation LLC/Ed Kale
Area C: Plantation Ridge !u Montibello
Mooresville, NC 28117
[phone]

760' CONTOU
9
270' X 10' = 2,700 sq. ft.
2,740 j 43,560 = 0.062 nacre
SHORELINE STABILIZATION
CROSS SECTION
[Morrison Plantation 1,1,C`/Rd bale
Area A: Montibello Drive
Area 13: lMontibeilo Drive (just past Grayfov Mid)
Area C: Plantation Ridge rrr' nMontibello
bMoomsville, NC 28117
(704) 335=1112
FACE OF WALL TO BE AT 1.5:1 SLOF
LAYER OF GEO-TEXTILE FABR
BETWEEN ROCKS AND LAKE BOTTC
TYPICAL RIP-RAP SEAWALL FOR AREAS A,B,C
760' CONTOUR
PLAN VIEW
AREA D
Morrison Plantation LLC/Ed Bale
Area D: Lineberger &, Muskadine
Mooresville, NC 28117
[phone]

SHORELINE STABILIZATION
445' X 15" = 556.25 sq. ft.
556.25 / 43,561 = 0.0128 acre
CROSS SECTION
Morrison Plantation LLC/Ed Kale
Area D: Lineberger & Musliadine
Mooresville, NC 28117
[phone]
760' CONTOUR
15 99
LAN D

WATER

SHEET PILE SEAWALL FOR AREA D

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EXISTING SHORELINE MORRISON PLANTATION, AREA "B"
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Morrison Plantation, LLC/Ed Kale
1400 Harding Place
Charlotte, NC 28204
Project Location: Mooresville, NC 28117
EXCAVATION
AREA A:
(Maintenance)
19,785 sq. ft.
0.454 acres
2,931 cu. yds.
AREA B:
(Maintenance)
AREA C:
AREA D:
27,040 sq. ft.
0.621 acres
4,006 cu. yds.
44,690 sq. ft.
1.026 acres
6,621 cu. yds.
35,690 sq. ft.
0.819 acres
5,287 cu. yds.
SEAWALL
SQUARE FEET
AREA A• Existing
AREA B• Existing
AREA C• 270'X 10'
ARE4 R: 445' X 15"
ACRES
N/A
N/A
2,7001/43,560 = 0.055 acres
550.25'/43,560 = 0.013 acres
Morrison Plantation, LLC/Ed Kale
1400 Harding Place
Charlotte, NC 28204
Project Location: Mooresville, NC 28117
CLUSTER DOCKS
AREA A
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 1 8 116 928
Fingers 8 4 24 768
Ramp 1 3 27 81
Pier 1 8 48 384
2161
AREA B
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 1 8 115 920
1 8 99 792
Fingers 15 4 24 1440
Ramp 1 3 30 90
Pier 1 8 60 480
3722
AREA C
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 2 8 94 1504
Fingers 24 4 30 2880
Ramp 2 3 30 180
Pier 2 8 8 128
4692
AREA D
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 1 8 108 864
1 8 67 536
Fingers 10 4 30 1200
1 8 30 240
1 8 92 736
Ramp 2 4 20 160
Pier 2 8 8 128
3864
Office Use Only; Form Version March 05
fl'
USACE Action ID No. DWQ No. \/I
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) r1 C 7
v.r C, Cr
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? ,Ma.
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of imp", attach the acceptance letter from NCEEP, complete section VIII,
and check here: ? a
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information ? l? u? D
1. Owner/Applicant Informa 'on JUN 3 0 2006
Name: 10 Y1 r S r7 L 15J ( e
-WALITY
Mailing Address: 1400 nWS AND R W TER BRAN
Telephone Number: - 112 Fax Number: (17 DO) 1M ' L 1
E-mail Address: o Kali C i2d-rb " 1 n1'DWV- CDM
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Company A 4
Mailing Address:_
T
Fax Number:
Page 5 of 12
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 MRCS 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 or State Project Number (NCDOT Only): wh
3. Property Identification Number (Tax PIN): : 4&3'73 az 033
4. Location
County: V de,Ll Near Town:
Subdivision name (include phase/lot number): O
Direction to site nclude road numbers/names, landmarks, etc.): 5 a 4,kfaahxJ
8
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N °W
6. Property size (acres):
7. Name of nearest receiving body of water: ?v Noy i24.
River Basin: UatlakA Zf
(Note - this must be one o North Carolina's seventeen designated major river basins.
River Basin map is available at httl)://h2o.enr.state.iic.Lis/admin/maps/.)
The
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: C
C5 ?Q ?l1
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed work: f -j ajad62e, gkwa.Iuu, E tyicy-e gg kOaJ%nG
access c1W40& \1\1
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
1. Provide a written description of the proposed impacts: h'h
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separateI list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100 year
Flo??am
O ) Distance to
Nearest
Stream cet
(linear ) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multi ply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill_ excavation_ dredQine- floodinp- drainaae. bulkheads, etc.
Open Water Impact
Site Number
(indicate on imp) Name of Waterbody

(?f applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

at M 8
? K v.
h n ojj]6?w 06t h
?_ -
Total Open Water Impact (acres)
d

Page 8 of 12
6. List the cumulative im act to all Waters of the U.S. resulting from the roject:
Stream impact acres): qlq
Wetland impact (acres : A,
Open Water Impact (acres): 5E4 A
Total Impact to Waters of the U.S. (acres) E A"tf
Total Stream Impact (linear feet):
4c1 r-,D
rclfeD
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation rq 4t,
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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 followed during construction to reduce impacts.
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.
Page 9of12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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
littp://h2o.enr.state.nc.us/ncwetlands/strnl?gide.htni1.
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 sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.ius/wrphndex.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/te/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 vM
3. If yes, has the document review been finalized by the State Clearinghouse? so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water S ly Buffer Requirements), or other (please
identify )? Yes No El
2. If "yes", 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 multivliers.
I Impact { I Mu Required I
Zone* Multiplier K4;1;-.*i-
3 (2 for Catawba)
1.5
Total I I I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
Page 11 of 12
Jun 12 06 01:25p rowboat dock dredge 7046635298 f,.2
XI. Stormwater (required by DWQ)
Describe impen+ious acreage.(existing and_proposed) v. =us xotal_acteage-on the site. Discuss
stormwater controls proposed in order to. protect surfacc waters and wetlands downstream .from
the property. If Wixent -impervious surface exceeds .204%, -.please . provide -oalcu18tions'
demonstrating total proposed inVervioa41evel,
X11. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and -disposition (nowt-discharge or discharge) of
wastewater generated from iho,Proposed pFoject, or available capacity of the ,mbjett facility,
XIII. Violations (required by DWQ)
Is this-site in violation of D WetlandRulcs (15A NCAC2I•I_.OS.aD) orans?-Buffet Rules?
Yes. ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this pmject (based on past and.reasonaMy anticipated -future impacts) result in addipenal
devc(opmeni, which could.impactnearby downstream waterquahty? Yes ? No
V yes, please subirut _a quadttative (r quantitative,cuuiulatiimpar-t•_aftlysis in eordance wit(]
the most rer..erit North-. Carolina Division of Water quality policy posted on our website at
lurl?.,;;I,'o?wLn?..r?nre.nc_uc'jIc uetl?Uids, If no, please provide ashort narrative description:
XV. Other Cimumstwees4ophonsl):
It is Ow applicants responsiWlity to submit the application. .sufficiently-in4&ance, cif desired
construction dates to a11oWt processing time for t.ltese peMt ts. However, an applicant may
60-00 to list constrAints associated with constniction or.sequencit g-that may impose limits on
work sdiedules (e.g., draw-domai..schedulcs fiat lakes, dates associated with Endangered and
Tbrcatencd Species, acct nibi ity pmblems, or other_issues-(mutside,of the-applicant's control).
_ Q
Agent. lure Hate
is. v Oirl (.*)E if My authorizal;ion. letter from-ft applicant is_pj*xtded. )
Pap 12 of 12
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
FOR DUKE POWER USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check # Date Recv'd Initials
Date of Duke Power Lake management, application and/or contractor on-site inspections: Date Initials
Date Final Protection/Avoidance Area Markings Field - Verified Initials
Approved to Start Work By*: Date
(Print) (Sign)
Date Completion Required Date of Any Approved Extension Initials
Date Passed Closeout Inspection* Initials
Any Stop Work Orders or SMG Violations*? (check one) ? Yes ? No (If Yes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Power changed) back to
applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any
Stop Work Orders with application.
PART I - APPLICANT INFORMATION (Please Print) -
Name Morrison Plantation, LLC / Ed Kale Telephone [phone]
Lake Address Area A: Montibello Drive Mailing Address (If different) 1400 Harding Place
Area B: Montibello Drive (just past Grayfox Road)
Area C: Plantation Ridge @a, Montibello Charlotte, NC 28204
Area D: Lineberger & Muskadine
Mooresville, NC 28117
Contractor Company SkipJack Marine Development LLC
Contractor Contact Person Robert O Wilson
Telephone [phone]
LAKE LOT INFORMATION
Lake Norman County Iredell City Mooresvil
Grid Section Subdivision Morrison Plantation
Lot No. SEE ATTACHED
State NC Tax Map No.
Section or Phase No.
Lot Size SEE ATTA Acres SEE ATTACHED
Do not continue the application until an on-site inspection has been conducted between a Duke Power Lake Management
Representative and the applicant and/or the excavjffRp. Contractor. NOTF. Ini11a1f;(gg this portion of the application by a
fttf$ in no wax consff tftfes approval or eminent approval of the excavation or any other lake use permitting activity.
GpatU,akemgmtU.mppm\ExcavationPA\Exvapprm.doc Page 1 REV: 6/30/03
Effective Date: 11/15/98
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
Date of on-site inspection ?l . 1A Initials (Duke Power) t? (applicant/contractor)
Are there any Co-Applicants*? (check one) ? Yes ? No (If Yes, include names, addresses, phone nos., lot nos., lot sizes,
in PART V - ADDITIONAL INFORMATION)
*Co-Applicants exist when the proposed work is being done under a single application, will be performed by a single
contractor as one continuous project and is done to benefit multiple owners/lease holders of project-front properties
within a single development. The check for the application filing fee and security deposit should be from the party shown
as Applicant and not several checks from the Applicant and Co-Applicants.
PART II - DESCRIPTION OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) X New Excavation ? Maintenance Excavation
2. Purpose of excavation: (check one) X Boat Access Chan'1 ? Water Intake Chan'1 ? Public
? Other (specify)
3. Lake user category: (check one) ? Private X Commercial/Res. ? Commercial/Non-Res. ? Public
? Other (specify)
4. Max. Excavation Area Dimensions (ft) Length SEE ATTACHED
5. Excavated material (TOTAL for the project) Cubic yards
Width
SEE ATTACHED
Depth
6. Type material (applicant determines by field sample if practical)
7. Excavation Site area SEE ArrACHED Acre(s) Disposal Site area SEE ATTACtH Acre(s)
8. Total Disturbed Area (including equipment staging area) SEE ATTACHED Acre(s)
9. Does the project meet the requirements of the applicable General Permit? (check one) X Yes
10. Do you claim title to the disposal area? (check one) X Yes ? No
11. Do you claim title to the equipment staging area? (check one) X Yes ? No
12. Are there any water-treatment facilities within 50 feet of the proposed excavation area?
(If yes, specify)
? No
(check one) ? Yes X No
14. Type(s) of excavation equipment to be used: By barge with a long reach excavation clam shell style bucket
15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) XYes ? No
(Ifyes, explain) Lake Norman
Gpal\Lakemgmt\Lmppm\ExcavationPA\Exvappfm.doc Page 2 REV: 6/30/03
Effective Date: 11/15/98

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DUKE POWER EXCAVATION PERMIT APPLICATION FORM
16. Will return water re-enter the reservoir? (check one) o Yes X No (If Yes, specify point(s) of re-entry and show
on Excavation Area Drawing)
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? o Yes X No
(If Yes, specify the existing permit number. If No, included a scaled drawing of the proposed facility ). Permit #
18. Total planned duration of the work (include first equipment mobilization thru final mitigation measures complete):
START 12/ 2006 FINISH 031 2008
(Month) (Year) (Month) (Year)
19. Total planned duration of in-lake work (i.e. dredging and any other in-lake ground disturbance):
START 12/ 2006 FINISH ON 2008
(Month) (Year) (Month) (Year)
Note: Notify Duke Power Lake Management at 1400443-5193 prior to commencing any excavation
work within the project boundary.
cam[ akemg nt lEx?varionPA?F?cvapprmAm Page 3 REV: 6/30/03
Effective Date: 11/15/98
Jun 1,4 Ue iu:41a rowboat dock dredge 7046635299 P.3
DIME POWER EXCAVATION PERMIT APPLICATION FORM
C. APPLI.C.ANT SIGNATURE
Comments:
Applicant Name ('print) 1, Edward Kale Lot # soe attached
Applicant's Signature Date
Co-Applicant Name (print) Lot
CO-Applicant's Signature Date
Co-.Applicant !Name (print) tot #
Ca-Applicant's Signature Date
Co-Applicant Name (print) Lot #
Co-Applicant's Signature. Date
Ce-Applicant Name (print) Lit N.
---,-
CO-Applicant's Signature Dale
tPcr mg signanim. the information prosrided in this application is conrct to the hest of my k.nowledgc.
BEFORE YOU MAIL TIRR APPLICATION:?') DUKE POWER LAKE MANAGEMENT ENSURE YOU jjAVB
• CkR::CKED 'I I E INFO THOROUGHLY
• NET ALL REQUIRLMF,NTS FOR A COMPLETE APPLICATION /see cover truer q(applicarron pacbnAe)
• INCLUDED A SINGLE CHECK TO DUKE POWER, FOR THE- APPLICATION FILI NG FEE AND SECURITY
DEPOSIT
• INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RES().LVED ALL ISSUES RAISr-_D
• INCLU13PI3 ALL REQUIRED DRAWINGS (INCLUDING PROPOSED .FACILITIES), PERMIT # FOR EXISTING
rACILITI.ES. SORVEYS AND PLANS
INCLUDED COPIES OF DFADS AND AUTIaORIZATION LETTERS
CpnBt4y.m}ym11:xM•N?m'.F.µv?pylin6 3?111i ????c
L•rrca-VOL):Ha, 111;5,91
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please fill in the blanks. Please Print)
DATE: 06/1312006
TO: Duke Power, A Division of Duke Energy Corporation
c/o Lake Management - EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: Excavation For (Project name) Morrison Plantation, LLC/Ed Kale_
(Lake/County/City) Lake Norman/Iredell County/Mooresville, NC
(Duke File No.)
(Applicant's full name) Morrison Plantation LLC/Ed Kale hereby agrees to comply with all
recommendations, requirements and/or conditions of Duke Power Lake Management, General
Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the
application to excavate for the purpose of a boat access channel.
In addition, Uwe have read and agree to comply with Duke's current Shoreline Management
Guidelines (SMG), much of which is repeated herein, and understand that written authorization
must be obtained from Duke Power Lake Management prior to beginning any activity within the
FERC project boundary or on Duke Power land. The excavation will be completed as described
in the approved application and within eighteen (18) months from the date of written approval by
Lake Management, unless specifically noted otherwise in the application or unless Uwe obtain
approval for a single, time extension (maximum of one year) in writing from Duke Power Lake
Management. IAwe understand that if the SMG or other applicable rules change during any
extension period, IAwe will be expected to comply with the new requirements to the maximum
extent practicable. IAwe also recognize that failure to complete the excavation within this build-
out period will require the filing of a new application within the then current SMG and that the
new application must include any applicable fees and security deposits.
IAwe attest to be the owner(s) or lease holder(s) of the land immediately adjoining the project
boundary or Duke-owned peripheral strip where the excavation activity is to take place, or if not
the owner or lease holder, IAwe have included proof of title to the property and written
authorization from the owner(s) or lease holder(s) to carry out the proposal within the project
boundary adjacent to their land.
I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, live have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
I/we understand that all excavation work must be done directly in front of my/our property and
within the third of the cove nearest my/our property or within any middle third of the cove that
Duke Power owns, or I/we have written authorization from the owner(s) or lease holder(s) to
carry out the proposal within the project boundary adjacent to/on their land. Uwe also understand
that access channels must run perpendicular to the shoreline while within the third of the cove
area that is nearest my/our property.
Uwe understand that for proposed excavations, I/we must coordinate with Duke Power Lake
management to conduct an on-site meeting to review the project prior to notifying the various
resource agencies. live must notify the appropriate local, state and federal agencies in advance
of the activity by sending them a completed copy of Duke's Excavation Permit Application Form
and other required information. I/we understand that written authorization and/or other permits
may be required by some of these agencies and such required authorizations must be obtained
before I/we submit the final application to Duke Power Lake Management.
I/we understand that except for maintenance excavations, any excavation exceeding 2000 cubic
yards of material removed or any excavation or shoreline stabilization work needed to support an
application that requires Federal Energy Regulatory Commission (FERC) review does itself
require specific review and approval by the FERC before Duke Power can issue any approvals.
I/we agree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
1/we understand that every reasonable effort must be made to minimize any adverse impact on
fish, wildlife and other natural resources.
I/we understand that all applicants must contact the appropriate State Historic Preservation
Officer regarding the proposed excavation prior to submitting the completed application to Lake
Management.
I/we understand that applicants in South Carolina proposing excavations that are not covered
under the General Permit, or are greater than 150 cubic yards, must also receive prior written
authorization from the South Carolina Department of Health and Environmental Control
(SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed
application to Lake Management.
I/we agree that excavation activities in North Carolina and South Carolina will not occur during
the months of March, April, May and June because of the potential impacts to fish spawning
areas.
I/we understand that trees and vegetation growing within or adjoining the lake play an important
role in its overall environmental condition and the ecological benefit the vegetation has on fish
and wildlife habitat directly supports a sound and healthy lake environment. live also understand
that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.)
and/or disturbance of the shoreline buffer may result in suspension or denial of lake use
permitting requests, forfeiture of security deposits and require re-establishment of vegetation at
my/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
I/we agree that all excavated material will be placed in upland areas, landward of the project
boundary, and confined to prevent erosion and sedimentation back into the lake or nearby
streams.
I/we agree that Best Management Practices will be followed by placing all excavated material a
minimum of 50 feet landward of the full pond contour, unless special consideration is given in
writing by the South Carolina Department of Health and Environmental Control (SCDHEC) or
the North Carolina Department of the Environment and Natural Resources, Division of Land
Quality.
I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
I/we understand that the double handling of excavated material will not be allowed; therefore, all
excavated material must be placed above the project boundary in one handling.
I/we have designed the hydraulic excavation process (if any will be used so that return water re-
enters the lake in the same general vicinity and cove as the excavation, to the maximum extent
practicable.
1/we agree that the proposed excavation will not be for the purpose of creating additional
shoreline, will not alter the project boundary or the full pond contour, and will not impact
threatened or endangered species, historic properties, or environmentally4mportant areas, unless
special public entity provisions were made in the application.
I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our
work area drawings any areas that require specific protection or avoidance during this excavation
work. Examples of these protection/avoidance areas include but are not limited to, any
Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke;
jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water,
sewer, electric or communications lines. Ilwe agree to provide my/our contractor with a copy of
these work area drawings showing these areas to stress the necessary protection measures.
I/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. Uwe will then notify Duke
Power Lake Management and the State Historic Preservation Office to determine what measures,
if any, I/we must pursue to protect or salvage the archaeological resources.
I/we agree that any excavation from within the project boundary will not exceed the volume as
outlined in the application and will remove and disturb only what is absolutely necessary to
achieve the project's stated purpose.
I/we agree to notify Lake Management when the excavation is initiated and to ensure that during
the excavation period, the weather-proof "Duke Power Approved Lake Use Activity" signs (to
be provided by Duke Power) remains posted at the job site and visible from the water's edge.
I/we agree to be fully responsible for the permitted lake use and Uwe understand that this
responsibility is considered to transfer automatically along with ownership and leases of the
adjoining tract.
I/we understand that Lake Management representatives may issue Stop Work Directives for any
violations of the SMG and that other consequences may result from such violations, including
but not limited to suspension or cancellation of approved permits, increases in fees, modification
or removal of non-complying structures and restoration of disturbed areas at my/our own
expense or loss of any consideration for future lake use permits. Uwe agree to immediately
comply with any Stop Work Directives, to fully cooperate with Duke Power Lake Management
and other agencies as necessary and to perform the necessary remedial actions within the
specified time frame.
I/we agree to develop any required mitigation plans and to complete any required mitigation
activities at my/our own expense within the specified time frames. I/we recognize that the
excavation work is not considered complete and deposits will not be refunded until the
mitigation requirements (if any) have been satisfactorily fulfilled.
I/we agree to notify Lake Management in writing when the excavation is completed (including
any required mitigation measures) and that the excavation was completed per the approved
application, so a close-out inspection can be performed.
I/we have included a check for the applicable filing fee and security deposit, and copies of all
other necessary permits. Uwe recognize that security deposits will not be refunded if any
violations of the SMG or this user's agreement occur.
I/we understand that there will be no change in hydro project operations as a result of the
excavation and/or utilization of the excavated area.
I/we agree to maintain the work area in a safe condition and to fully indemnify and save Duke
Power harmless from any and all claims, liability, loss or damage that may arise from this
excavation project.
06/1412006 10:51 7043354116 GIMU
Jun 14 06 10:41a rowboat dock dredge 70466352ss
YAUt 0Z
P-2
IAve understand that this user's agreement does not, in any way, constitute the transfer of any
rights in real property and that my/our use and enjoyment of FERC project lands and waters shall
not hinder the general public's lawful use and enjoyment of the same,
Sincerely,
J. Fdward Kale see attached.
Applicant's Name (Print) Lot # Ap lice 's Signature
t o-Applicant's Name (Print)
Lot # *Co-A.pplicant's Signature
Co-Applicant's Namc (.Print)
"Co-Applicant's Narne (.Print)
Lot # *Co-Applicant's Signature
Lot f1- "Co-Applicant's Signature
* Co-Applicants exist when the proposed work is being done under a single application, will be
performed by a aingle contractor as one continuous project and is clone to benefit multiple
owners / lease holders of project-front properties within a single development. The check for the
application filing fee and security deposit. should be frot» the party shown as Applicant and not
several checks from the Applicant and Co-Applicants. By signing this agreement, Co-Applicants
are in fact recognizing and agreeing to the same conditions as is the party signing as Applicant.
MORRISON PLANTATION, LLC / ED KALE
Mooresville, NC 28117
2002 AGENCY APPROVALS FROM:
U.S. Army Corps of Engineers
US Fish & Wildlife Service (2 ea)
State Historic Preservation Office (SHPO)
NC Department of Cultural Resources
NC Department of Environment & Natural Resources (Div of Environmental Health)
NC Department of Water Quality
NC Wildlife Resources Commission
DATE SUBMITTED:
June 13, 2006
f?
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230741 county Iredell
GENERAL PERiIIIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Morrison Plantation, LLC
Address: 1400 Harding Pl.
Charlotte, NC 28204
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Morrison Plantation S/D - Plantation Ridge Dr. - on Lake Norman
Description of Activity:
Install treated timber seawall and riprap along approx. 1210 LF of eroding shoreline at the
mean high pool level on Lake Norman for stabilization purposes. In addition, excavate
approx. 19,200 CY of accumulated sediment from an approx. 3 acre area on the lake for the
purpose of improving boating access.
t
Applicable Law: _ X Section 404 (Clean Water Act, 33 U.S.C.134-4).
(check all that apply) Section 10 (Rives and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit dumber.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your actividy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date April 25, 2002
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31, 2004
cc: Carolina Income Nlanajement Group, LLC (Perry J. Culpepper); Duke Power Co.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 23801
May 20, 2002
Mr. Ferry J. Culpepper
Carolina. Income Management Group, L.L.C.
1400 Larding Place, Suite 100
Charlotte, North Carolina 28204
Dear Mr. Culpepper;
Subject: Morrison Plantation Marina Facility Lalte Nome Iredell County, North Carolina
We have reviewed your letter dated March 26, 2002, wig regard to the subject project. The
following comments are provided in accordance with the provisions of the Fish aW Wildlife
Coordination Act (48 Stat. 401, as amended, l6 tT_S.C. +661 et seq.); the Endangered Species Act
of 1973, as amended (16 U. S.C. I53I-1543) (Act); and the Federal Power Act, as amended
(16 U.S.C. 791 a-825r).
According to information provided with your letter, you intend to construct a facility that will
include 40 boat slips, a boat launch platform, and a boat ramp. The development of the site will
be in accordance with Duke Power Company's current Shoreline Management Plan (SN9);
therefore, based on our review, it appears that the proposed action will not have significant
adverse impacts on fish and wildlife resources. However, we are concerned about the impacts of
the placement of this facility relative to "environmental" areas (SAP designation). Will the
facility prevent or reduce fish and wildlife access to the shallow-water cove? These coves are
narrow, and this proposed marina facility, combined with facilities at adjacent properties, could
reduce the fish and wildlife values of these areas, which are classed as "environmental." The
juxtaposition and fragmented nature of shoreline segments classed as "environmental" probably
reduces their overall value to fish and wildlife at Lake Norman. This project may be a good
example of the need to reconsider the location and extent of shoreline areas classed as
"environmental" or "natural." To minimize potential adverse impacts to aquatic species, we
recommend immediate revegetation of any disturbed areas and implementation of erosion-control
measures adequate to prevent sediment from entering adjacent waters.
We do not believe the proposed activities will affect listed species. In view of this, we believe
the requirements of Section 7(c) of the Act are fulfilled. However, obligations under Section 7 of

the Act must be reconsidered if (1) new i6onrnation reveals impacts of this identified action,
that may affect endangered or threatened species or critical habitat in a manner not previously
considered, (2) this action is subsequently modified in a manner not considered in this review, or
(3) a new species is listed or critical habitat is determined that may be affected by the action.
If we can be of further assistance or if you have any questions, please do not hesitate to contact
Mr. Mark Cantrell of our staff at 828/258-3939, Ext. 227. In any future correspondence
concerning this project, please reference our Log Number 4-2-02-228_
Sincerely,
Brian F. Cole
State Supervisor
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
September 13, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, North Carolina 28204
Dear Mr. Culpepper:
Subject: Morrison Plantation Boat Storage Facility, Lake Norman, Iredell County, North Carolina
In your letter dated August 8, 2002, you requested our comments with regard to the subject project.
The following comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531-1543) (Act).
Endangered Species. According to our records and a review of the information you provided, no
listed species or their habitats occur on the site. We concur with your determination that the proposed
project will not affect endangered or threatened species and their habitats. Therefore, we believe the
requirements under Section 7 of the Act are fulfilled. However, obligations under Section 7 of the
Act must be reconsidered if: (1) new information reveals impacts of this identified action that may
affect listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
Erosion Control. Given the proximity of the project to aquatic environments, we want to emphasize
that stringent sedimentation- and erosion-control measures should be implemented prior to ground
disturbance and should be maintained throughout project construction.
Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our staff
at 828/258-3939, Ext. 227, if you have any questions. In any future correspondence concerning this
project, please reference our Log Number 4-2-02-228.
Sincerely,
Brian P. Cole
State Supervisor
04/29/2002 09:47 NC STATE HISTORIC PRESERVATION = e7043354116
ER
Received
Due
A only
NATIONWIDE PERMIT REVIEW
APPLICANT: Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, NC 28204
Project Location: Iredell County
02-9366
3/26/02
4/11/02
N0.992 D02

Proposed Project: Morrison Plantation marina facility, Lake Norman
We have received the application for the alcove prgiect from the Division of
Environmental Management and our comments are rioted below.
Additional information is needed (maps, photographs, other).
No Ccm ment_
We have revie;ved tie requested information and have no comment.
SignL-d
j Renee l hill-Earley
Environmental Review Coordinator
l; iistori+c F'resezvation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Phone - 919/733-4763
FAX - 919/733-8653
Date
APR ,n a Anna

Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
September 10, 2002
Perry Culpepper
Carolina Income Management Group
1499 Harding Place Suite 100
Charlotte NC 28204
Division of Historical Resources
David J. Olson, Director
Re: Morrison Plantation Marina Facility, Lake Norman, Mooresville, 40 boat slips, a boat launch
platform and a boat ramp, Iredell County, ER 02-9366
Dear Mr. Culpepper:
Thank you for your letter of August 8, 2002, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources
which would be affected by the project. Therefore, we have no comment on the undertaking as
proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106
codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledlvll-Earley, environmental review coordinator, at 919/733-4763. In all
future commuiucation concerning this project, please cite the above referenced tracking number.
EgUVA-&,Gt
avid Brook
DB: kgc
Location Mailing Address Telephone/Fax
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 [phone] •733-8653
Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 [phone].715-4801
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 [phone] 9715-4801
d.va STA7? o
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
PCulpepper
-rom: Britt Setzer ([e-mail]]
4 ent: Wednesday, March 27, 2002 8:33 AM
o: [e-mail]
Subject: Morrison Plantation - Marina Facility
M7zL
Britt.Setzer.vcf
(435 B)
Perry,
I have completed the review of the Morrison Plantation-Marina Facility package which was
received in this office on March 26, 2002. The facility will include 40 boat slips, a boat
launch platform and boat ramp. There are no water supply intakes in the immediate area.
Therefore, we have no objection to the project as proposed. If you have any questions,
please call me.
Britt Setzer - [e-mail]
Regional Engineer
North Carolina Dept. of Environment & Natural Resources
Div. of Environmental Health - Public crater Supply Section
919 N. Main St.
Mooresville, NC 29115
Ph: [phone] Fa-K.- (704) 661-3'772
Perry
From: Britt Setzer [[e-mail]]
nt: Wednesday, August 14, 2002 1:12 PM
[e-mail]
jbject: Morrison Plantation - Dry Stack Boat Storage Facility
Britt.Setzer.wf
(435 B)
Perry,
have reviewed your letter, dated August 8, 2002, in reference to the subject above. The
letter was sent to me for comments. The Public Water Supply Section has no objection to
the dry stack boat storage facility being constructed. If you have any questions, please
call me a [phone], ext. 278.
Britt Setzer - [e-mail]
Regional Engineer
North Carolina Dept. of Environment & Natural Resources
Div. of Environmental Health - Public Water Supply Section
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
L-
on
1
I 111\I\V - I\Ll.l\LI 11 ., I u- ?i?1 ----- , ?U1 - LVVL 11'LV I . Vl
A7;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael f. Easley, Governor Williarn G. Ross, Jr., Secretary Philip K. McKnelly, Director
July 19, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, NC 28204
Subject. Morrison Plantation Marina Facility; Lake Norman, Iredell County
Dear Mr. Culpepper:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the site.
You may wish to check the Natural Heritage Program database website at
<www.ncsl2arks.net/nhp/search.lttr-nt- for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-715-8687 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] Fax: [phone] Internet: www.ncsparks.net
An Equal Opportunity 1 AFfrmadve Action Employer - 50% Recycled 1 10% Post Consumer Paper
NCDENK
t North Carol ina.Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director
August 12, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, NC 28204
Subject: Morrison Plantation Marina Facility
Dear Mr. Culpepper:
The Natural Heritage Program acknowledges its understanding that the Morrison Plantation
Project includes both a marina facility and a boat storage facility on Lake Norman in Iredell
County, as outlined in your letter dated August 8, 2002. Our program has no record of rare
species, significant natural communities, or priority natural areas at the site nor within a mile of
the site.
Sincerely,

Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] \ Fax: [phone] \ Internet: www.ncsparks.net
F qlI A TF
? R Michael F. Easley
\0? QG Governor
7 William G. Ross, Jr., secretary
-I Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 2, 2002
DWQ Project 4 02-0522
Iredell County
Pagel of 2
Morrison Plantation, LLC
Attn: Mr. J. Edward Kale, I I I
1400 Harding Place
Charlotte, NC 28204
Subject Property: Morrison Plantation Marina Facility, Morrison Plantation Subdivision,
Lake Norman, Mooresville, NC
PIN No. 4037745577
Lake Norman [03-08-32,11-(75), WS-IV B CA]
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Authorization Certificate and
ADDITIONAL CONDITIONS
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to excavate approximately
2.98 acres (19,200 cubic yards) of waters within Lake Norman and to place rip-rap along approximately 120 feet of
shoreline to c,)ns:ruct the proposed shoreline stabilization, piers, boat slips and boat ramp as you described within your
applicai:ion and 1 . -)por 6nq information dated April 4, 2002. After reviewing your application, we have decided that this fill
tit=s covered by ?ivater duality Certification Number 3373. This Certification allovv6 you to use Kegionai 6t;5ic a1
Wermit No. 198200030 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate under the Catawba River Buffer Ruies as per 15A NCAC 28 .0243(8). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) non-discharge stormwater permits, Water Supply Watershed regulations (15A NCAC
26 .0216), and erosion and sediment control regulations. Also, this approval will expire -when the accompanying 404
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below.
If you change your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland, compensatory wetland
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the DWQ General Water Quality Certification No. 3373 and any additional conditions listed below.
Conditions:
1. We understand that you have chosen to have the shoreline stabilization installed from a barge and that no access
corridor will be required for construction. Therefore, a condition of this approval is that no trees (having greater than
or equal to a six (6) inch stump diameter) shall be cut or otherwise removed from Zone 1 (30 feet from the Full Pond
Elevation) except trees with exposed roots to the eroding shoreline;
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and
.shall not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0243(5). No direct
discharge (e.g. piping or ditching) of stormwater runoff is allowed through the buffer;
??. The 40'x40' boat launch area, as indicated on the "Pier Lease Area 1" drawing dated March 18, 2002, shall not
involve the removal of any trees (having greater than or equal to a six (6) inch stump diameter) from Zone 1 or
placement of any impervious surfaces within the buffer unless otherwise approved by the DWQ. Any disturbed area
must be stabilized with ground cover immediately following disturbance;
North Carolina Division of Water Quality, 401 Wetlands Ca tification Unit,
1650 Mail service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleiqh, NC 27604-2260 (Location)

'? r
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
Michael F. Easley, Governor
William G. Ross Jr.: Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401[Wetlands Unit, North Carolina Division of
Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the
applicant, the applicant's authorized agent, or the project engineer. It is riot necessary to seritd certificates frorn all of
these.
Applicant's Certification
I , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction s.>,•as observed to be buift ,QLhin snhstan*ial
=mpliL.,,ce and intent of the 401 Water Quality Certification and Buffer Ruics, aie approved plans anti specifications, and
her supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
other supporting materials.
Signature:
If this project was designed by a Certified Professional
Date:
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
^=ecifications, and other supporting materials.
Ignature:
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within. substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications, and
Registration No.
Date
NOEFIR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1550 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
7vni (`r M._r. 01-4 O.alnt..,. h1i '7cU1A_90an is ___,.....\
WQC #3373
..I
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC REGULATED PUBLIC UTILITIES)
AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR MAINTENANCE.
REPAIR AND CONSTRUCTION ACTIVITIES) AND
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B.0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's
Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This Certification
replaces Water Quality Certification (WQC) Number 2674 issued on January 21, 1992, Water
Quality Certification Number 3099 issued on February 11, 1997, and Water Quality Certification
Number 3280 issued on June 1, 2000. This WQC is rescinded when the Corps of Engineers re-
authorizes these Regional General Permits or when deemed appropriate by the Director of the
DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-540 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
'i. Activities which require approval under either of these General Permits but do not
result in fill, dredging or excavation of waters or wetlands (such as docks, piers of
boathouses) do not require written concurrence from the Division of Water Quality as
long as they comply with all other conditions of this General Certification. However,
Condition No. 5 is applicable to all streams in basins with riparian area protection
rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
3. Activities which result in fill, dredging or excavation of waters or wetlands under this
General Certification require written concurrence from the Division of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba
River Basins (or any other river basins with Riparian Area Protection Rules (Buffer
Rules] in effect at the time of application) requires written concurrence from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules
do not need to apply for written concurrence under this Certification. New
development activities located in the protected 50-foot wide riparian areas (whether
jurisdictional wetlands or not) within the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
WQC #3373
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3373
3

North CaroLaWildlife Resources Commission '9'
Charles R. Fullwood, Executive Director
April 2, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, LLC
1400 Harding Place, Suite 100
Charlotte, North Carolina 28204
RE: Proposed Project, Morrison Plantation Marina Facility, lredeU CoLmty
Dear Mr. Culpepper:
This correspondence is in response to your letter of Xfarch 2;, °200:2 concerning
die ^'-o= -eferenc°d, z:rari^.a facility. The North Caro dna '?^ildlife lt_eseurccs y
Commission (NCW-RC) is authorized to comment and make recommendations which
relate to the impacts of this project on fish and wildlife through the Federal License of
Water Resource Project Act {Federal Power Act-16 U.S.C. 79.1 a et seq.), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project will include 40 boat slips, a boat launch platform and a boat ramp.
Shoreline stabilization is indicated as part of the project. It is our understanding that
these activities are proposed in an area where they are permissible under Duke Power's
Shoreline Management Plan. We have previously commented on various phases of this
project, including the provision of 50' naturalized buffers. Hopefully, these
recommendations have been useful in site planning.
The NCWRC will not object to the marina provided the following issues are
addressed and/or satisfactorily implemented:
1) Boat slips should not be placed so as to impede or block navigation or create a
navigational hazard for recreational vessels or swimmers. We are concerned
about the distances between piers and dock structures in this cove. Accordingly,
these facilities should be reviewed further by Duke Power Company to ensure
compliance with boating safety issues and Federal Energy Regulatory
Commission requirements.
2) If dredging is necessary, it should be done by suction dredge or in the dry when
lake waters are down. This will minimize sedimentation impacts to the lake.
3) Please note that the NCVVRC discourages dredging shallow water areas with
productive bottom, wetlands, or submerged aquatic vegetation. We are less
concerned with dredging shallow areas having a mud or sand substrate. Caution
Llorrison Plantation Marina 2 April 2, 2002
should be exercised to prevent indirect damage to any nearby environmental
areas.
4) The U.S. Army Corps of Engineers should be contacted to determine whether a
404 permit is required for this project. The contact is Mr. Steve Chapin at 828-
271-7980. Additionally, you should contact lvfx. Mike Parker with the NC
Division of Water Quality (Mooresville Regional Office) at 704-663-1699 to
determine if a 401 Certification may be necessary.
5) Parking lot and driveway stormwater runoff should be conveyed through
vegetated buffers instead of piped and discharged into the lake. The use of curb
and guttering to convey stormwater is not recommended.
The NCWRC encourages the utilization of Duke Power's Fish-Friendly Pier
construction practices. We also recommend the establishment of shoreline vegetation for
enhanced habitat and shoreline erosion control. We prefer the use of a more "natural"
approach to shoreline stabilization. A combination of riprap used to two feet above
normal pool elevation (760 contour) with banks sloped back and vegetated with grass,
willows or other acceptable vegetation create a more "natural" bank. A filter fabric may
be necessary to prevent soil from eroding from behind riprap during high water and/or
wave action. Riprap or larger stone should be imbedded 18 inches into the lake bottom to
prevent undercutting. All activities must follow Duce Power Excavation Guidelines and
any other special conditions specified by the NC Department of Environment and Natural
Resources, includingbuffer require rients.
As discussed with you on April 1,'2002, the associated 30" intake pipe will be
relocated to the comer of the bulkhead. The pipe and intake screen will be extended as
far away from the shoreline as practicable. The pipe should be extended a minimum of
five (5) feet; however, more distance from the shoreline is desirable. This should
diminish potential aquatic mortality, as this relocation will separate the intake from
shoreline habitats and nearby aquatic habitat structures. Signage may be prudent and
reasonable if the pipe might interfere with safety and/or navigation.
Thank you for the opportunity to comment early during your project planning. If
you have any questions regarding these comments, please contact me at 336/769-9453.
Sincere <(
Ron Linville
Regional Coordinator
Habitat Conservation Program
cc: Buz Cobb, DPC
Mike Parker, DWQ
Mark Cantrell, USFWS
John Domey, DWQ
Chris Goudreau, WRC
North CarolinaWildlife Resources Co i nission 1
Charles 1:. Ful[-;,,o d., Executive Direcfl>
August 15, 2002
Mr. Perry Culpepper
Carolina Income Management Group, LLC
1400 Harding Place, Suite 100
Charlotte, North Carolina 28204
RE: Proposed Boat Storage Facility, Morrison Plantation, Iredell County
Dear Mr. Culpepper:
This correspondence is in response to your letter of August 8, 2002 concerning the Morrison Plantation
boat storage facility. The North Carolina Wildlife Resources Commission (NCWRC) is authorized to
comment and make recommendations which relate to the impacts of this project on fish and wildlife
through the Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et seq.),
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). This activity
will occur on Federal Energy Regulatory Commission Project Number 2232.
The proposed boat storage will be built outside the Lake Norman buffer area. The proposed storage facility
will serve Morrison Plantation residents.
Based on our review of the documents submitted, we will not object to the project providing construction
and operation of the facility does not violate NC Division of Water Quality buffers and local
planning/zoning requirements for the Catawba River basin. Please be advised that all activities must follow
Duke Power Excavation Guidelines and any other special conditions specified by the NC Department of
Environment and Natural Resources, including water supply watershed buffer requirements as applicable.
Thank you for the opportunity to comment on this project. if you have any questions regarding these
comments, please contact me at 336/769-9453.
Sincerely
d ' 'r %
Ron Linville
Regional Coordinator
Habitat Conservation Program
Cc: Buz Cobb, DPC
---AL-iiIin-Addres`;. I?l'.?lSic.nof1,ni.Ind:I?i?•f ICS' 17)I. N1,1,'?.?7<:L`Vi?_? (. ?3,:.I ° 1'.:1?"!?II,?,V? / "('??i1) t?._1
1w1.?1)t1tiY)C: 1`)i`)i i_-){>>.` Xt._?ti? 1"la:: l`?P)t'I_.7,43
THE LAKE 0R'V1 .N :ti'IARI.NE C ON-1\I1.SSIrO
POST OFFICE BOX 350,08
CHARLOTTE. NC 28'35-5008
PHONE (7,04) 372-24 t6
F:\1 ('04) _'4'-4"7 10
Email innicl3Urii1',?Ccenimlina.or-
July 8, 2002
Mr. Perry Culpepper
Carolina Income Management
1400 Harding Place
Charlotte, NC 28204
Sent by e-mail
Re: Morrison Plantation LLC
Dear Mr. Culpepper:
The Lake Norman Marine Commission has received and reviewed your
application for Morrison Plantation. Based on our reviews we have identified a
number of items which additional clarification is needed before the full
Commission can consider the application.
The items include:
1. We could not identify that all of the responding agency letters were not
included with the package submitted to the Marine Commission. When will
they be available? In reviewing those letters received, at least one of the
letters required to you provide following up information concerning boating
and environmental issues. We could not locate where that follow up had
been provided.
2. Were all the responding agencies provided the completed undated drawing
"FERC Application March 18, 2002" showing the dry storage facility? No
mention of the dry storage facility could be found in the submittal paper work.
Additional commentary relating to the dry storage facility are:
a. How many dry storage slips will be in each building?
b. The dry storage facilities are an important and integral part of the marina
facilities and should have been included. Details should have been
provided in the Application Package.
c. Drawings were not prepared by a engineer.
d. Drawings are required by Duke Power that show the entire
shoreline/cove area where other piers or docks are on the opposite side of
the developers property in order to determine the effect of the 1/3, 1/3/,
1/3 rule and other issues. This applies in this case because of existing
development.
1 300 BAXTER STREET- CHHHA.RLOTTE. NORTH CAROLINA 28204
Mr. Perry Culpepper
July 8, 2002
Page 2
3. There is no indication of a sewage pump-out station. It appears logical that a
development with a dry storage facility and 41 piers would include a sewage
pump-out station. This is especially true if your lease will allow boats will
marine sanitation devices (MSDs.)
4. Your application indicates that there will be 41 Commercial/Residential Piers.
Our estimate of the shoreline, which is classified for the placement of
Commercial/Residential piers, is 1500 feet. It therefore appears that the
classified shoreline would support 15 Commercial/Residential piers.
5. The Duke Power Application has the following discrepancies in the
LNMC's opinion:
a. Items 3, 6, 8, 10, 11, and 12 were missing.
b. The other items have missing or erroneous information.
6. Have any nearby lake residents been contacted about the proposal?
It is essential, and standard procedure, that at least the LNMC ensure that
the neighbors have a chance to be heard.
7. The existing Gazebo and 2-slip dock is not shown on the drawings.
What is this for?
8. A boat ramp in the back of narrow coves is normally seriously
questioned by the LNMC. We have been able over the last several years, by
working with Developers, to eliminate these because of Safety and
Environmental reasons.
We have agreed to meet with you beginning at 1:00 p.m. on Thursday, July 11,
2002. The meeting will be held at the Cornelius Town Hall. We look to meeting
with you and resolving these issues.
Sincerely,
Michael McLaurin
Executive Director
cc: Lake Norman Marine Commissioners
4
PROPOSED CLUSTER DOCKS
DIRECTIONS BY ROAD &
LOCATION MAPS
LATITUDE / LONGITUDE
PROPOSED DREDGE CUTS &
V ? OS 2.a. ' SPOILS CONTAINMENT
AREA SITE MAPS
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$ STABILIZATION
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JUN 3 0 2006
DENR-WATER QUALITY EXCAVATION, SHORELINE
WETLANDS AND STORMWATER BRAMICFt
STABILIZATION & CLUSTER
DOCK DIMENSIONS
PRE-CONSTRUCTION
NOTIFICATION
DUKE ENERGY EXCAVATION
• APPLICATIONS & SURVEYED
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DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City: Mooresville
State: NC
Zip: 28117
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Morrison Plantation Rd, turn left. Proceed to
Plantation Ridge Rd, right. Proceed to Montibello, left.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Morrison Plantation LLC
Area A: Montibello Drive
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Lake Norman
Morrison Plantation
PIN #4637739489 Lot #:
County: Iredell
GPAL/LAKEMGMT/LMPPMIDIRECTIONS.DOC Effective Date: 11/15/98
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City: Mooresville
State: NC
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Zip: 28117
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Morrison Plantation Rd, left. Proceed to Plantation
Ridge Rd, right. Proceed to MontibeUo Rd, left.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Morrison Plantation LLC
Type of Permit Requested
"Circle":
Area B: Montibello Drive (just past Grayfox Rd)
Lake Norman
Morrison Plantation
PIN #4637749033 Lot #:
County: Iredell
GPAL/LAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
City: Mooresville
State: NC
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Zip: 28117
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Morrison Plantation Rd, turn left. Proceed to
Plantation Ridge Rd, right.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Morrison Plantation LLC
Type of Permit Requested
"Circle":
Area C: Plantation Ridge at Montibello
Private Facility
Lake Norman Commercial Facility
Morrison Plantation
PIN #4637745577 Lot #:
County: Iredell
GPAL/LAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake):
Lake Name:
Subdivision Name:
Property Section:
Morrison Plantation LLC Type of Permit Requested
"Circle":
Area D: Lineberger & Muskadine
Private Facility
Lake Norman Commercial Facility
Excavation
Morrison Plantation Stabilization
PIN #4637648736 Lot #:
City: Mooresville County: Iredell
State: NC
Zip: 28117
Telephone: [phone]
Directions (from major road or highway):
I-77N to Exit 36, turn left. Proceed to Doolie Rd, turn left. Proceed to Lineberger Rd, left.
Proceed to Muskadine Rd, right.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Conveyance
Miscellaneous Uses
GPAULAKEMGMT/LMPPM/DIRECTIONS.DOC Effective Date: 11/15/98
Morrison Plantation Area Location Map
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For Recreational Use Only
Morrison Plantation LLC/Ed Kale
Area A: Montibello Drive
Area B: Montibello Drive (just past Grayfox Rd)
Area C: Plantation Ridge @ Montibello
Area D: Lineberger & Muskadine
Mooresville, NC 28117
[phone]
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I
SCALE
1 inch = 100 ft.
PLAN VIEW
AREA A
Morrison Plantation L LCIEd Kale
Area A: Montibeilo Drive
Mooresville, NC 28117
(704) 33i-4112

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4?4
60' CONTOUR

EXISTING SHORELINE STABILIZATION

PLAN VIEW
AREA 8
Morrison Plantation ILLC/Ed Kale
Area B: Montil)ello Drin,e (.iust past
Gra?fox Road)
Mooresville, NC 28117
[phone]
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760' CONTOUR-

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EXISTING SHORELINE STABILIZATION
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PLAN VIEW
AREA G
Morrison Plantation LLC/Ed [sale
Area C: Plantation Ridge (W; Montil)ello
Mooresville, NC 28117
[phone]

270' X 10' = 2,700 sq. fit.
2,700 / 43,560 = 0.062 rage
SHORELINE STABILIZATION
CROSS SECTION
Morrison Plantation LLC'/P;d Kale
Area A: Moutibello Drive
area 13: Montihello Drive (lust past Crayros Rd)
Area C: Plantation Ridge 4i.' Aiontibello
Mooresvillc, tiC 28117
[phone]
FACE OF WALL TO BE AT 1.5:1 SLOE
LAYER OF GEO-TEXTILE FABR
BETWEEN ROCKS AND LAKE BOTTC
TYPICAL RIP-RAP SEAWALL FOR AREAS A,B,C
760' CONTOUR
PLAN VIEW
AREA D
Morrisou Plantiltion LLCIEd Kale
Area D: Lineberger d Muskadine
Mooresville, NC 28117
[phone]

SHORELINE STABILIZATION
445' X 15" = 556.25 sq. ft.
556.25 ,i 43,560 = 0.0128 acre
.ROSS SECTION
Mo l"'iscu? Plantation LL,C/Ed Kale
Area T1: Lineberger & M,,slca(line
Mooi•esvillc, NC 28117
[phone]
760' CONTOUR
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SHEET FILE SEAWALL FOR AREA D
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EXISTING SHORELINE, MORRISON PLANTATION AREA "A"
EXISTING SHORELINE MORRISON PLANTATION, AREA "C"
EXISTING SHORELINE AND AMENITIES, MORRISON PLANTATION, AREA "D"
Morrison Plantation, LLC/Ed Kale
1400 Harding Place
Charlotte, NC 28204
Project Location: Mooresville, NC 28117
EXCAVATION
AREA A:
(Maintenance)
19,785 sq. ft.
0.454 acres
2,931 cu. yds.
AREA B:
(Maintenance)
AREA C:
AREA D:
27,040 sq. ft.
0.621 acres
4,006 cu. yds.
44,690 sq. ft.
1.026 acres
6,621 cu. yds.
35,690 sq. ft.
0.819 acres
5,287 cu. yds.
SEAWALL
SQUARE FEET
AREA A• Existing
AREA B• Existing
AREA C: 270'X 10'
ARE4 D 445'X 15"
ACRES
NIA
N/A
2,7001/43,560 = 0.055 acres
550.25'/43,560 = 0.013 acres
Morrison Plantation, LLC/Ed Kale
1400 Harding Place
Charlotte, NC 28204
Project Location: Mooresville, NC 28117
CLUSTER DOCKS
AREA A
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 1 8 116 928
Fingers 8 4 24 768
Ramp 1 3 27 81
Pier 1 8 48 384
2161
AREA B
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 1 8 115 920
1 8 99 792
Fingers 15 4 24 1440
Ramp 1 3 30 90
Pier 1 8 60 480
3722
AREA C
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 2 8 94 1504
Fingers 24 4 30 2880
Ramp 2 3 30 180
Pier 2 8 8 128
4692
AREA D
LENGTH
SECTION QTY WIDTH (FT) (FT) TOTAL (FT)
Crosswalk 1 8 108 864
1 8 67 536
Fingers 10 4 30 1200
1 8 30 240
1 8 92 736
Ramp 2 4 20 160
Pier 2 8 8 128
3864
Office Use Only: Form Version ^March 05
Saa
USACE Action ID No. DWQ No. V a O a" D y`am'
(it any parttcuiar item is not appneame to tors project, piease enter Not Appitcaoie or ivies .)
1. Processing

Check all of the approval(s) requested for this project:
? Section 404 Permit [A Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
Q? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? Ma,
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of imp?aattach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D
Q
JUN 3
1. Owner/Applicant Informs 'on o 2006
Xame• IVIDr?'ISh?7 ?Ln?rlnfii?sv?. _ Ll_Ll I ??1 le nFNI?-iNATEFt(1UALI7Y
Mailing
Telephone Number: do) - 4112 Fax Number. rqvU) 3M - ? 116
E-mail Address: a Kali C Co" i ntip" - =
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.) _
Company Afffliati
Mailing Address:_
T
Fax Number
BRANCH
Page 5 of 12
III. Project Information
8.
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:IVJOrV' I S6N I" I x-12ZXW,
2. T.I.P. Project. Number or State Project Number (NCDOT Only): n)gL
3. Property Identification Number (Tax PIN): 191* A : 4&8'7113%SJ : 4r.,'517110-35
? C : ?1?3t? ?FS577 a? (J : ?31ro ??736
4. Location
1VLV2
County:roo,LL Nearest Town: s
Subdivision name (include phasellot number): Wny,
DirectionA to site mclude road numbers/names, landmarks, etc.): 5aa_ ach,&c
QAk, 161ka- 11xw_4 ;rns b? ?ca?l ?rrrns .
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N °W
6. Property size (acres):
7. Name of nearest receiving body of water: L,21, K(01- 4.
River Basin: e(
(Note - this must be one o North Carolina's seventeen designated major river basins.
River Basin map is available at http:/lh2o.enr.state.nc.i?s/admin/mats/.)
The
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: f05P
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be
11. Explain the purpose of the proposed work: ffa"ze, Skm? aliju- E mr-regaV- 10"
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
0-k
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
1. Provide a written description of the proposed impacts: H1h.
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100 year
Floodplain
(yedno) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on -the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

q M $ K
Wt K
Total Open Water Impact (acres)
d
M
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact acres): qlq
Wetland Impact (acres): q,
Open Water Impact (acres): 5 A
Total Impact to Waters of the U.S. (acres) E A
Total Stream Impact (linear feet): n/D1
cwD
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation rut OL
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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 followed during construction to reduce impacts.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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
lltoxHli2a enr state nc us/ncwetlands/strTn«ide.htiiii.
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 sheet if more space is need9d.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/indea.htin. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal// te/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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
3. N yes, has the document review been finalized by the State Clearinghouse? so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water S ly Buffer Requirements), or other (please
identify )? Yes No El
2. If "yes", 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 multivliers.

Zone Impact
feet)
Multiplier Required
i &ti ation
1
afir"
3 (2 for Catawba)
2 1.5
Total
s Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
Page 11 of 12
Jun 12 06 01:25p rowboat dock dredge 7046635298 .-P.2
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and,proposed) versus wtal_acreage on the site. Discuss
stormwaW. controls proposed in order to protect surface waters and wetlands downstream .froth.,
the property. If patient impervious surface exceeds 20*/A. -.please provide calculations'
demonstrating total proposed impervioim level-.__ 14K
XIL Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and _disl=ition (Dolt-discharge -"tltschATl;e) of
wastewater generated from thejproposed project, or available capacity of the %hject facility,
XIII. Violations (required by DWQ)
Is thissite in violati*n of T) WetlandR.ulcs (15A NCACZH..t)St')o) or.an.?r
Yes [] No go - Buffer R.1.11es?
T.s this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this .project (based on P'st and seasonably 1111 icipated-future impacts) result in additional
development, which couldimpact ncw,4y downstream water quality? Yes ? No
If yes, please submit .a qualitative ur quantitative cu?uulati,rc ,impact-aft} n ?i'd,? witi,
the most recent North-Carolina Division of Water Quality policy posted on our website 'at
IurE? _,;,1? `??, etil s?rG. nc? la.c,'fut, fit) tck. if_no; please provide a short narratibe description:
XV. Other Circumstaneetr{Opaienal):
It is Ilse applicant's responsibility to submit the application sufficiently in-4dvanco-of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list cottsttaines associated wish constgyction.or.sequenang-that may impose limits on
work schedules (e.g., draw-down _seltedules for lakes, dates associated with Endangered and
Tbrc_ntcncd Species, accessib• •ty problems, or other smes___•???+side-of the applicant's control).
is? va?lid tm4 if an, auorori ation.7erter from .the_applicantis_praxided.)
PAgc 12 of 12
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
FOR DUKE POWER USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check # Date Recv'd Initials
Date of Duke Power Lake management, application and/or contractor on-site inspections: Date Initials
Date Final Protection/Avoidance Area Markings Field - Verified Initials
Approved to Start Work By*: Date
(Print) (Sign)
Date Completion Required Date of Any Approved Extension Initials
Date Passed Closeout Inspection* Initials
Any Stop Work Orders or SMG Violations*? (check one) ? Yes ? No (If Yes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Power changed) back to
applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any
Stop Work Orders with application.
PART I - APPLICANT INFORMATION (Please Print) -
Name Morrison Plantation, LLC / Ed Kale Telephone [phone]
Lake Address Area A: Montibello Drive Mailing Address (If different) 1400 Harding Place
Area B: Montibello Drive (just past Grayfox Road)
Area C: Plantation Ridge @ Montibello Charlotte, NC 28204
Area D: Lineberger & Muskadine
Mooresville, NC 28117
Contractor Company SkipJack Marine Development LLC
Contractor Contact Person Robert O Wilson
Telephone [phone]
LAKE LOT INFORMATION
Lake Norman County Iredell
Grid Section
Lot No. SEE ATTACHED Lot Size
Morrison Plantation Section or Phase No.
SEE ATTA Acres SEE ATTACHED
Do not continue the application until an on-site inspection has been conducted between a Duke Power Lake Management
Representative and the applicant and/or the excav t'qp contractor. NOTF. Initialf;* this portion of the application by a
j, .
111 in no way constft,, tes approval or eminent Tproval of the excavation or any other lake use permitting activity.
City Mooresvil State NC Tax Map No.
Subdivision
Gp UAkemgmt\Lmppm\ExcavationPA\Exvappfm.doc Page 1 REV: 6/30/03
Effective Date: 11/15198
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
Date of on-site inspection / /A Initials (Duke Power) 4" (applicant/contractor)
Are there any Co-Applicants*? (check one) ? Yes ? No (If Yes, include names, addresses, phone nos., lot nos., lot sizes,
in PART V - ADDITIONAL INFORMATION)
*Co-Applicants exist when the proposed work is being done under a single application, will be performed by a single
contractor as one continuous project and is done to benefit multiple owners/lease holders of project-front properties
within a single development. The check for the application filing fee and security deposit should be from the party shown
as Applicant and not several checks from the Applicant and Co-Applicants.
PART II - DESCRIPTION OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) X New Excavation ? Maintenance Excavation
2. Purpose of excavation: (check one) X Boat Access Chan'l ? Water Intake Chan'l ? Public
? Other (specify)
3. Lake user category: (check one) ? Private X Commercial/Res. ? Commercial/Non-Res. ? Public
? Other (specify)
4. Max. Excavation Area Dimensions (ft) Length SEE ATTACHED Width
5. Excavated material (TOTAL for the project) Cubic yards SEE ATTACHED
6. Type material (applicant determines by field sample if practical)
7. Excavation Site area SEE AT I'ACHED Acre(s) Disposal Site area SEE ATTACIH Acre(s)
8. Total Disturbed Area (including equipment staging area) SEE ATTACHED Acre(s)
9. Does the project meet the requirements of the applicable General Permit? (check one) X Yes
10. Do you claim title to the disposal area? (check one) X Yes ? No
11. Do you claim title to the equipment staging area? (check one) X Yes ? No
12. Are there any water-treatment facilities within 50 feet of the proposed excavation area?
(If yes, spec)
Depth
? No
(check one) ? Yes X No
14. Type(s) of excavation equipment to be used: By barge with a long reach excavation clam shell style bucket
15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) XYes ? No
(Ifyes, explain) Lake Norman
Gpai\LakemgmtU,mppm\ExcavationPA\Exvappfin.doe Page 2 REV: 6/30/03
Effective Date: 11/15/98

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DUKE POWER EXCAVATION PERMIT APPLICATION FORM
16. Will return water re-enter the reservoir? (check one) o Yes X No (If Yes, speck point(s) of re-ntry and show
on Excavation Area Drawing)
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? o Yes X No
(If Yes, sped the existing permit number: If No, included a scaled drawing of the proposed facility). Permit #
18. Total planned duration of the work (include first equipment mobilization thru final mitigation measures complete):
START 12/ 2006 FINISH ON 2008
(Month) (Year) (Month) (Year)
19. Total planned duration of in-lake work (i.e. dredging and any other in-lake ground disturbance):
START 12/ 2006 FINISH ON 2008
(Month) (Year) (Month) (Year)
Note: Notify Duke Power Lake Management at 14800443-5193 prior to commencing any excavation
work within the project boundary.
cpan[akemantU-pp-\E-vati-PAT--Mfm.d- Page 3 REV: 6/30/03
Effective Date: 11115/98
..... _? uW lu.41d rowboat dock dredge 7046635298 p.3
D1.1KF POWER EXCAVATION PERMIT APPLICATION FORM
C..APPI I.C.ANT SIGNATURE
Comments
Applicant Nane (print) J. Edward Kale
Applicant's Signabire ?
Co-ApplicAnt Name (Iwint)
Co-Applicant's Signature
Lot 1t Soe attached
Date
Lot #
na(C
Co-.Applicant Name (print) 1,01 #
Ca-Applicant's Signature Date
Co-Applicant Name (prutt)
Lot #
Co-Applicant's Signature naw
Co-Applicant Name (print)
Lot
Co-Applicant's Signature Datc
*Per my signmure. the infon nation prm ided in this application is correct to the hest or my knowlec[gc.
BEFORE YOU MAIL THI? APPLICATION-'TO DUKE POWER LAKE MANAGEMENT ENSURE YOU HAVE
• C -JECKED'IH INFOTHOROU(,'Hh.Y
• MET ALL REQUIREMFNTS FOR A COMPLETE APPLICATION (see corer ktrer o f application package)
. INCLUDED A SINGLE [BECK TO DllK.E POWER. FOR THE, APPLICATION FILING FEE ANr) SEcLgUnr
DEPOSIT
• INCLUDED ALL AGENCY PERWrS OR COMMENT LETTFRS AND RESOLVED ALL ISSh.JI:S RAISED
• INCLUDED ALL RFtjUIREI) DRAWINGS ([NG.UIi pROPt)SED .FACILITIES). PFRMJT # FOR EXISTING
FACILITIES. S1,111VEYS AND PLANS
* INCLUDED COPIES OF DPF..DS AND AUTHORIZATION LETTERS
CpWt??,?,ttLmppmlh:grµ?cnlF.tcgpylin6 3t1 i)i ??i?
Ira 6 R P' V. 6.30d))
SIYcrovc Oat.. It/i5,91
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please fill in the blanks. Please Print)
DATE: 06/13/2006
TO: Duke Power, A Division of Duke Energy Corporation
c/o Lake Management - EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: Excavation For (Project name) Morrison Plantation, LLC/Ed Kale_
(Lake/County/City) Lake Norman/Iredell County/Mooresville. NC
(Duke File No.)
(Applicant's full name) Morrison Plantation LLC/Ed Kale hereby agrees to comply with all
recommendations, requirements and/or conditions of Duke Power Lake Management, General
Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the
application to excavate for the purpose of a boat access channel.
In addition, I/we have read and agree to comply with Duke's current Shoreline Management
Guidelines (SMG), much of which is repeated herein, and understand that written authorization
must be obtained from Duke Power Lake Management prior to beginning any activity within the
FERC project boundary or on Duke Power land. The excavation will be completed as described
in the approved application and within eighteen (18) months from the date of written approval by
Lake Management, unless specifically noted otherwise in the application or unless Uwe obtain
approval for a single, time extension (maximum of one year) in writing from Duke Power Lake
Management. I/we understand that if the SMG or other applicable rules change during any
extension period, Uwe will be expected to comply with the new requirements to the maximum
extent practicable. I/we also recognize that failure to complete the excavation within this build-
out period will require the filing of a new application within the then current SMG and that the
new application must include any applicable fees and security deposits.
I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the project
boundary or Duke-owned peripheral strip where the excavation activity is to take place, or if not
the owner or lease holder, Uwe have included proof of title to the property and written
authorization from the owner(s) or lease holder(s) to carry out the proposal within the project
boundary adjacent to their land.
I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, Ilwe have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
I/we understand that all excavation work must be done directly in front of my/our property and
within the third of the cove nearest my/our property or within any middle third of the cove that
Duke Power owns, or I/we have written authorization from the owner(s) or lease holder(s) to
carry out the proposal within the project boundary adjacent tolon their land. Ifwe also understand
that access channels must run perpendicular to the shoreline while within the third of the cove
area that is nearest my/our property.
I/we understand that for proposed excavations, I/we must coordinate with Duke Power Lake
management to conduct an on-site meeting to review the project prior to notifying the various
resource agencies. Ilwe must notify the appropriate local, state and federal agencies in advance
of the activity by sending them a completed copy of Duke's Excavation Permit Application Form
and other required information. I/we understand that written authorization and/or other permits
may be required by some of these agencies and such required authorizations must be obtained
before I/we submit the final application to Duke Power Lake Management.
I/we understand that except for maintenance excavations, any excavation exceeding 2000 cubic
yards of material removed or any excavation or shoreline stabilization work needed to support an
application that requires Federal Energy Regulatory Commission (FERC) review does itself
require specific review and approval by the FERC before Duke Power can issue any approvals.
I/we agree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
I/we understand that every reasonable effort must be made to minimize any adverse impact on
fish, wildlife and other natural resources.
I/we understand that all applicants must contact the appropriate State Historic Preservation
Officer regarding the proposed excavation prior to submitting the completed application to Lake
Management.
I/we understand that applicants in South Carolina proposing excavations that are not covered
under the General Permit, or are greater than 150 cubic yards, must also receive prior written
authorization from the South Carolina Department of Health and Environmental Control
(SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed
application to Lake Management.
I/we agree that excavation activities in North Carolina and South Carolina will not occur during
the months of March, April, May and June because of the potential impacts to fish spawning
areas.
I/we understand that trees and vegetation growing within or adjoining the lake play an important
role in its overall environmental condition and the ecological benefit the vegetation has on fish
and wildlife habitat directly supports a sound and healthy lake environment. Uwe also understand
that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.)
and/or disturbance of the shoreline buffer may result in suspension or denial of lake use
permitting requests, forfeiture of security deposits and require re-establishment of vegetation at
my/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
I/we agree that all excavated material will be placed in upland areas, landward of the project
boundary, and confined to prevent erosion and sedimentation back into the lake or nearby
streams.
I/we agree that Best Management Practices will be followed by placing all excavated material a
minimum of 50 feet landward of the full pond contour, unless special consideration is given in
writing by the South Carolina Department of Health and Environmental Control (SCDHEC) or
the North Carolina Department of the Environment and Natural Resources, Division of Land
Quality.
I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
I/we understand that the double handling of excavated material will not be allowed; therefore, all
excavated material must be placed above the project boundary in one handling.
I/we have designed the hydraulic excavation process (if any v411 be used so that return water re-
enters the lake in the same general vicinity and cove as the excavation, to the maximum extent
practicable.
I/we agree that the proposed excavation will not be for the purpose of creating additional
shoreline, will not alter the project boundary or the full pond contour, and will not impact
threatened or endangered species, historic properties, or environmentally-important areas, unless
special public entity provisions were made in the application.
I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our
work area drawings any areas that require specific protection or avoidance during this excavation
work. Examples of these protection/avoidance areas include but are not limited to, any
Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke;
jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water,
sewer, electric or communications lines. I/we agree to provide my/our contractor with a copy of
these work area drawings showing these areas to stress the necessary protection measures.
Uwe agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. Ifwe will then notify Duke
Power Lake Management and the State Historic Preservation Office to determine what measures,
if any, Uwe must pursue to protect or salvage the archaeological resources.
I/we agree that any excavation from within the project boundary will not exceed the volume as
outlined in the application and will remove and disturb only what is absolutely necessary to
achieve the project's stated purpose.
I/we agree to notify Lake Management when the excavation is initiated and to ensure that during
the excavation period, the weather-proof "Duke Power Approved Lake Use Activity" signs (to
be provided by Duke Power) remains posted at the job site and visible from the water's edge.
I/we agree to be fully responsible for the permitted lake use and Ilwe understand that this
responsibility is considered to transfer automatically along with ownership and leases of the
adjoining tract.
I/we understand that Lake Management representatives may issue Stop Work Directives for any
violations of the SMG and that other consequences may result from such violations, including
but not limited to suspension or cancellation of approved permits, increases in fees, modification
or removal of non-complying structures and restoration of disturbed areas at my/our own
expense or loss of any consideration for future lake use permits. Live agree to immediately
comply with any Stop Work Directives, to fully cooperate with Duke Power Lake Management
and other agencies as necessary and to perform the necessary remedial actions within the
specified time frame.
Uwe agree to develop any required mitigation plans and to complete any required mitigation
activities at my/our own expense within the specified time frames. Ilwe recognize that the
excavation work is not considered complete and deposits will not be refunded until the
mitigation requirements (if any) have been satisfactorily fulfilled.
I/we agree to notify Lake Management in writing when the excavation is completed (including
any required mitigation measures) and that the excavation was completed per the approved
application, so a close-out inspection can be performed.
I/we have included a check for the applicable filing fee and security deposit, and copies of all
other necessary permits. Ilwe recognize that security deposits will not be refunded if any
violations of the SMG or this user's agreement occur.
I/we understand that there will be no change in hydro project operations as a result of the
excavation and/or utilization of the excavated area.
I/we agree to maintain the work area in a safe condition and to fully indemnify and save Duke
Power harmless from any and all claims, liability, loss or damage that may arise from this
excavation project.
06/14/2006 10:51 7043354116 CIMG
Jun 14 06 10:41a rowboat dock dredge 70466352se
PAGE 02
P-2
N e understand that this user's agreement does not, in any way, constitute the transfer of any
rights in real property and that my/our use and enjoyment of FERC project lands and waters shall
not hinder the general public's lawfi,l use and enjoyment of-the same.
Sincerely,
.T..F.dward Kale see attached.
Applicant's Name (Print) Lot # AP .ca, 's Signature
*Co-Applicant's Name (Print)
Lot # *Co-Applicant's Signature
*Co-Applicant's Name (.Print)
'Co-Applicant's Narne (Print)
Lot # -- *Co-Applicant's Signature
Lett # *Co-Applicant's Signature
* Co-Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project and is clone to benefit multiple
owners i lease holders of project-front properties within a single development. The check for the
application filing fee and security deposit should be Prow the party shown as Applicant and not
several, checks from the Applicant and Co-Applicants. By signing this agreement, Co-Applicants
are in fact recognizing and agreeing to the same conditions as is the party signing as Applicant.
MORRISON PLANTATION, LLC / ED KALE
Mooresville, NC 28117
2002 AGENCY APPROVALS FROM:
U.S. Army Corps of Engineers
US Fish & Wildlife Service (2 ea)
State Historic Preservation Office (SHPO)
NC Department of Cultural Resources
NC Department of Environment & Natural Resources (Div of Environmental Health)
NC Department of Water Quality
NC Wildlife Resources Commission
DATE SUBMITTED:
June 13, 2006
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230741 County Iredell
GENERAL PERIMIT (REGIONAL. AND NATIONWIDE) VERIFICATION
Property owner: Morrison Plantation, LLC
Address: 1400 Harding Pl.
Charlotte, NC 28204
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Morrison Plantation S/D - Plantation Ridge Dr. - on Lake Norman
Description of Activity:
Install treated timber seawall and riprap along approx. 120 LF of eroding shoreline at the
mean high pool level on Lake Norman for stabilization purposes. In addition, excavate
approx. 19,200 CY of accumulated sediment from an approx. 3 acre area on the lake for the
purpose of improving boating access.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit dumber.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N. C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date April 25. 2002
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Dare of Verification December 31, 2004
cc: Carolina Income Management Group, LLC (Perry J. Culpepper); Duke Power Co.
r _.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 23801
May 20, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, North Carolina 28204
Dear Mr. Culpepper:
Subject: Morrison Plantation Marina Facility: L ke .Norn.-an, lmdell County, North Carolina
We have reviewed your letter dated March 25, .2032, wig ..regard to the subject project. The
following comments are provided in accordance with the provisions of the .lash and Wildlife
Coordination Act (48 Stat. 401, as amended, 16 iT_S.C. 661 et seq.); the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531-1543) (Act); and the Federal Power Act, as amended
(16 U.S.C. 791a-825r).
According to information provided with your letter, you intend to construct a facility that will
include 40 boat slips, a boat launch platform, and a boat ramp. The development of the site will
be in accordance with Duke Power Company's current Shoreline Management Plan (SMP);
therefore, based on our review, it appears that the proposed action will not have significant
adverse impacts on fish and wildlife resources. However, we are concerned about the impacts of
the placement of this facility relative to "environmental" areas (SAP designation). W X the
facility prevent or reduce fish and wildlife access to the shallow-water cove? These coves are
narrow, and this proposed marina facility, combined with facilities at adjacent properties, could
reduce the fish and wildlife values of these areas, which are classed as "environmental." The
juxtaposition and fragmented nature ofshorelime segments classed as "environmental" probably
reduces their overall value to fish and wildlife at Lake Norman. This project may be a good
example of the need to reconsider the location and extent of shoreline areas classed as
"environmental" or "natural." To minimize potential adverse impacts to aquatic species, we
recommend immediate revegetation of any disturbed areas and implementation of erosion-control
measures adequate to prevent sediment from entering adjacent waters.
We do not believe the proposed activities will affect listed species. In view of this, we believe
the requirements of Section 7(c) of the Act are fulfilled. However, obligations under Section 7 of

the Act must be reconsidered if (1) new information reveals impacts of this identified action,
that may affect endangered or threatened species or critical habitat in a manner not previously
considered, (2) this action is subsequently modified in a mariner not considered in this review, or
(3) a new species is listed or critical habitat is determined that may be affected by the action,
If we can be of further assistance or if you have any questions, please do not hesitate to contact
Mr. Mark Cantrell of our staff at 828/258-3939, Ext. 227. In any future correspondence
concerning this project, please reference our Log Number 4-2-02-228-
Sincerely,
~ ae
Brian P. Cole
State Supervisor

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
September 13, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, North Carolina 28204
Dear Mr. Culpepper:
Subject: Morrison Plantation Boat Storage Facility, Lake Norman, Iredell County, North Carolina
In your letter dated August 8, 2002, you requested our comments with regard to the subject project.
The following comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531-1543) (Act).
Endangered Species. According to our records and a review of the information you provided, no
listed species or their habitats occur on the site. We concur with your determination that the proposed
project will not affect endangered or threatened species and their habitats. Therefore, we believe the
requirements under Section 7 of the Act are fulfilled. However, obligations under Section 7 of the
Act must be reconsidered if: (1) new information reveals impacts of this identified action that may
affect listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
Erosion Control. Given the proximity of the project to aquatic environments, we want to emphasize
that stringent sedimentation- and erosion-control measures should be implemented prior to ground
disturbance and should be maintained throughout project construction.
Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our staff
at 828/258-3939, Ext. 227, if you have any questions. In any future correspondence concerning this
project, please reference our Log Number 4-2-02-228.
Sincerely,
Brian P. Cole
State Supervisor
04i=9/2002 09:47 NC STATE HISTORIC PRESERVATION ' e7043354116
ER
Received
Due
A only
NATIONWIDE PERMIT REVIEW
APPLICANT: Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, NC 28204
Project Location: Iredell County
02-9365
3/26/03
4/11/02
NO. 992 P02

Proposed Project: Morrison Plantation marina facility, Lake Dorman
We have received the application for the above project frora the Division of
Envirorunental Management and our cmaments ale noted below.
Additional information is needed (maps, photographs, other).
No Comment_
We have reviered t ae requested information and have no comment.
Signed
j Renee I hi3i-Earley
Environmental Revicw Coordinator
Histwic Fresezvation Moe
4617 Maxi Service Center
Raleigh, NC 27699-4617
Phone - 919/733-4763
FAX - 919/733-8653
Date
APR n a gnno
v
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
September 10, 2002
Perrv Culpepper
Carolina Income Management Group
1499 Harding Place Suite 100
Charlotte NC 28204
Division of Historical Resources
David J. Olson, Director
Re: Morrison Plantation Marina Facility, Lake Norman, Mooresville, 40 boat slips, a boat launch
platform and a boat ramp, Iredell County, ER 02-9366
Dear 'Mr. Culpepper:
Thank you for your letter of August 8, 2002, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources
which would be affected by the project. Therefore, we have no comment on the undertaking as
proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106
codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all
future communication concerning this project, please cite the above referenced tracking number.
Sincerely,
avid Brook
DB:kgc
r
Location Mailing Address
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617
Restoration 515 N. Blount St, Raleigh, NC 4613 Mail Service Center, Raleigh 27699-4613
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618
d,ra STArt o
ti 1 r?
•?C1NM1NIV,?
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Telephone/Fax
[phone] •733-8653
[phone].715-4801
[phone] 9715-4801
PCulpepper
-om: Britt Setzer ([e-mail]]
ant: Wednesday, March 27, 2002 8:33 AM
To: [e-mail]
Subject: Morrison Plantation - Marina Facility
:::
Britt.Setzer.vcf
(435 B)
Perry,
I have completed the review of the Morrison Plantation-Marina Facility package which was
received in this office on March 26, 2002. The facility will include 40 boat slips, a boat
launch platform and boat ramp. There are no water supply intakes in the immediate area.
Therefore, we have no objection to the project as proposed. If you have any questions,
please call me.
Britt Setzer - [e-mail]
Regional Engineer
North Carolina Dept. of Environment & Natural Resources
Div. of Environmental Health - Public Water Supply Section
919 N. Main St.
Mooresville, NC 29115
Ph: [phone] Fax. (704) 663•-3772
Perry
From: Britt Setzer [[e-mail]]
nt: Wednesday, August 14, 2002 1:12 PM
4 [e-mail]
jbject: Morrison Plantation - Dry Stack Boat Storage Facility
..............
Britt.Setzer.vcf
(435 B)
Perry,
T have reviewed your letter, dated August 8, 2002, in reference to the subject above. The
letter was sent to me for comments. The Public Water Supply Section has no objection to
the dry stack boat storage facility being constructed. If you have any questions, please
call me a [phone], ext. 278.
Britt Setzer - [e-mail]
Regional Engineer
North Carolina Dept. of Environment & Natural Resources
Div. of Environmental Health - Public Water Supply Section
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
1
I'HMD 6 KLLKEHIIUN raX:1jl1j(15,)Un Jul ly 11JU2 11115 F. U1
+++?.w?www
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley. Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director
July 19, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, NC 28204
Subject; Morrison Plantation Marina Facility; Lake Norman, Iredell County
Dear Mr. Culpepper:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the site.
You may wish to check the Natural Heritage Program database website at
<www.ncsl2arks.net/nhp/search.htmli for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-715-8687 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] \ Fax: [phone] \ Internet: www.ncsparks.net
An Equal Opportunity \ Affirmative .fiction Employer • 50% Recycled ` 10% Post Consumer Paper
NCDENK
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director
August 12, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, L.L.C.
1400 Harding Place, Suite 100
Charlotte, NC 28204
Subject: Morrison Plantation Marina Facility
Dear Mr. Culpepper:
The Natural Heritage Program acknowledges its understanding that the Morrison Plantation
Project includes both a marina facility and a boat storage facility on Lake Norman in Iredell
County, as outlined in your letter dated August 8, 2002. Our program has no record of rare
species, significant natural communities, or priority natural areas at the site nor within a mile of
the site.
Sincerely,
? ? (? ?;' -z- d- " . ),
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1615 Mail Service Center, Raleigh, North Carolina 27699-161
Phone: [phone] \ Fax: [phone] \ Internet: www.ncsparks.net
0F ,N A rF4 Michael F. Easley
QG Governor
William G. Ross, Jr., Secretary
>_ -f Department of Environment and Natural Resources
r] C Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 2, 2002
DWO Project ; 02-0522
Iredell County
Page 1 of 2
Morrison Plantation, LLC
Attn: Mr. J. Edward Kale, III
1400 Harding Place
Charlotte, NC 28204
Subject Property: Morrison Plantation Marina Facility, Morrison Plantation Subdivision,
Lake Norman, Mooresville, NC
PIN No. 4037745577
Lake Norman (03-08-32,11-(75), WS-IV B CA]
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Authorization Certificate and
ADDITIONAL CONDITIONS
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to excavate approximately
2.98 acres (19,200 cubic yards) of waters within Lake Norman and to place rip-rap along approximately 120 feet of
shoreline to c,?ns:ruct the proposed shoreline stabilization, piers, boat slips and boat ramp as you described within your
application and :. -)portinq information dated April 4, 2002. After reviewing your application, we have decided that this fill
=!!s covered by GE,, jrai fiater Quality Certification Number 3373. This Certification allows you to use Megionai
'ermit No. 198200030 when issued by the US Army Corps of Engineers (USAGE). This fetter shall also act as your
approved Authorization Certificate under the Catawba River Buffer Ruies as per 15A NCAC 2B.0243(8). in addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) non-discharge stormwater permits, Water Supply Watershed regulations (15A NCAC
2B .0216), and erosion and sediment control regulations. Also, this approval gill expire when the accompanying 404
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below.
If you change your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland, compensatory wetland
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the DWQ General Water Quality Certification No. 3373 and any additional conditions listed below.
Conditions:
1. We understand that you have chosen to have the shoreline stabilization installed from a barge and that no access
corridor will be required for construction. Therefore, a condition of this approval is that no trees (having greater than
or equal to a six (6) inch stump diameter) shall be cut or otherwise removed from Zone 1 (30 feet from the Full Pond
Elevation) except trees with exposed roots to the eroding shoreline;
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and
.shall not re-concentrate before discharging into the stream as identified within 15A NCAC 213 .0243(5). No direct
discharge (e.g. piping or ditching) of stormwater runoff is allowed through the buffer;
The 40'x40' boat launch area, as indicated on the "Pier Lease Area 1" drawing dated March 18, 2002, shall not
involve the removal of any trees (having greater than or equal to a six (6) inch stump diameter) from Zone 1 or
placement of any impervious surfaces within the buffer unless otherwise approved by the DWQ. Any disturbed area
must be stabilized with ground cover immediately following disturbance;
North Carolina Division of Water Quality. 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd.. Raleigh. NC 27604-2260 (Location)

?`? rd A r<,9
`?
r
>_ 1
a La
O
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
Date:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401AWetlands Unit, North Carolina Division of
Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the
applicant, the applicant's authorized agent, or the project engineer. It is not necessaay to send certificates from all of
these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the obseivation of the construction such that the construction was observed to be built w'tJiln substantial
r ?rlpliL.,::e and intent of the 401 Water Quality Certification and Buffer Ruics, ine approved plans and specifications, and
-ier supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
other supporting materials.
Signature:
If this project was designed by a Certified Professional
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within. substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications, and
as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules. the approved plans and
?cificatians, and other supporting materials.
Signature:
Registration No.
Date:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Qualitv
Date
A?
NCDE,IIR
N. C. Division of 1,Vater Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
•?an? r...ti..-... oi..a nur g7C.n.4-o3en „ ___......?
WQC #3373
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT NUMBER 198200030 (TVA OR FERC REGULATED PUBLIC UTILITIES)
AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR MAINTENANCE.
REPAIR AND CONSTRUCTION ACTIVITIES) AND
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in confoemity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 213.0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's
Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213 .0200. This Certification
replaces Water Quality Certification (WQC) Number 2674 issued on January 21, 1992, Water
Quality Certification Number 3099 issued on February 11, 1997, and Water Quality Certification
Number 3280 issued on June 1, 2000. This WQC is rescinded when the Corps of Engineers re-
authorizes these Regional General Permits or when deemed appropriate by the Director of the
DWQ.
The State of North Carolina certifies that the specified calegory of aclihAly will nct violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
Activities which require approval under either of these General Permits but rho not
result in fall, dredging or excavation of waters or wetlands (such as docks, piers of
boathouses) do not require written concurrence from the Division of Water Quality as
long as they comply with all other conditions of this General Certification. However,
Condition No. 5 is applicable to all streams in basins with riparian area protection
rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
3. Activities which result in fill, dredging or excavation of waters or wetlands under this
General Certification require written concurrence from the Division of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from corning into contact
with waters of the state until the concrete has hardened;
Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba
River Basins (or any other river basins with Riparian Area Protection Rules (Buffer
Rules] in effect at the time of application) requires written concurrence from DWQ in
accordance with 15A NCAC 28.0200. Activities listed as "exempt" from these rules
do not need to apply for written concurrence under this Certification. New
development activities located in the protected 50-foot wide riparian areas (whether
jurisdictional wetlands or not) within the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located.
WQC #3373
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3373
3
North Carolin.aWadlife Resources Commission
Charles R. Fullwood, Executive.Director
April 2, 2002
Mr. Perry J. Culpepper
Carolina Income Management Group, LLC
1 400 Harding Place, Suite 100
Charlotte, North Carolina 28204
RE: Proposed Project, Morrison Plantation Marina Facilitf, IredeU County
Dear Mr. Culpepper:
This correspondence is in response to your letter of March 25. "002 concerning
`'ie .' oN -eferenr-d ma--,.^a facility. The North Carolina Wildlife ReSPUTIces
Commission (NCiiRC') is authorized to comment and make recommendations w dch
relate to the impacts of this project on fish and wildlife through the Federal License of
Water Resource Project Act (Federal Power Act-16 U.S.C. 791 a et seq. ), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project will include 40 boat slips, a boat launch platform and a boat ramp.
Shoreline stabilization is indicated as part of the project. It is our understanding that
these activities are proposed in an area where they are permissible under Duke Power's
Shoreline Management Plan. We have previously commented on various phases of this
project, including the provision of 50' naturalized buffers. Hopefully, these
recommendations have been useful in site planning.
The NCWRC will not object to the marina provided the following issues are
addressed and/or satisfactorily implemented:
1) Boat slips should not be placed so as to impede or block navigation or create a
navigational hazard for recreational vessels or swimmers. We are concerned
about the distances between piers and dock structures in this cove. Accordingly,
these facilities should be reviewed further by Duke Power Company to ensure
compliance with boating safety issues and federal Energy Regulatory
Commission requirements.
2) If dredging is necessary, it should be done by suction dredge or in the dry when
lake waters are down. This will minimize sedimentation impacts to the lake.
3) Please note that the NCWRC discourages dredging shallow water areas with
productive bottom, wetlands, or submerged aquatic vegetation. We are less
concerned with dredging shallow areas having a mud or sand substrate. Caution
iVforrison Plantation Marina 2 April 2, 2002
t
should be exercised to prevent indirect damage to any nearby environmental
areas.
4) The U.S. Army Corps of Engineers should be contacted to determine whether a
404 permit is required for this project. The contact is Mr. Steve Chapin at 828-
271-7980. Additionally, you should contact 1VLr. Mike Parker with the NC
Division of Water Quality (Mooresville Regional Office) at 704-663-1699 to
determine if a 401 Certification may be necessary.
5) Parking lot and driveway stormwater runoff should be conveyed through
vegetated buffers instead of piped and discharged into the lake. The use of curb
and guttering to convey stormwater is not recommended.
The NCWRC encourages the utilization of Duke Power's Fish-Friendly Pier
construction practices. We also recommend the establishment of shoreline vegetation for
enhanced habitat and shoreline erosion control. We prefer the use of a more "natural"
approach to shoreline stabilization. A combination of riprap used to two feet above
normal pool elevation (760 contour) with banks sloped back and vegetated with grass,
willows or other acceptable vegetation create a more "natural" bank. A filter fabric may
be necessary to prevent soil from eroding from behind riprap during high water and/or
wave action. Riprap or larger stone should be imbedded 18 inches into the lake bottom to
prevent undercutting. All activities must follow Duke Power Excavation Guidelines and
any other special conditions .specified by the NC Department of Environment and Natural
Resources, including buffer require?.nents.
As discussed with you on April 1, 2002, the associated 30" intake pipe will be
relocated to the corner of the bulkhead. The pipe and intake screen will be extended as
far away from the shoreline as practicable. The pipe should be extended a minimum of
five (5) feet; however, more distance from the shoreline is desirable. This should
diminish potential aquatic mortality, as this relocation will separate the intake from
shoreline habitats and nearby aquatic habitat structures. Signage may be prudent and
reasonable if the pipe might interfere with safety and/or navigation.
Thank you for the opportunity to comment early during your project planning. If
you have any questions regarding these comments, please contact me at 336/769-9453.
Sincere.
Ron Linville
Regional Coordinator
Habitat Conservation Program
cc: Buz Cobb, DPC
Mike Parker, DWQ
Mark Cantrell, USFWS
John Domey, DWQ
Chris Goudreau, WRC
9 North Carolina-Wildlife Resources Comrniss*on ?1 l
Chart-3 R. I'uilvvoud, Ex-cutl"vve F)1:t?cto
August 15, 2002
Mr. Perry Culpepper
Carolina Income Management Group, LLC
1400 Harding Place, Suite 100
Charlotte, North Carolina 28204
RE: Proposed Boat Storage Facility, Morrison Plantation, Iredell County
Dear Mr. Culpepper:
This correspondence is in response to your letter of August 8, 2002 concerning the Morrison Plantation
boat storage facility. The North Carolina Wildlife Resources Commission (NC WRC) is authorized to
comment and make recommendations which relate to the impacts of this project on fish and wildlife
through the Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et seq.),
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). This activity
will occur on Federal Energy Regulatory Commission Project Number 2232.
The proposed boat storage will be built outside the Lake Norman buffer area. The proposed storage facility
will serve Morrison Plantation residents.
Based on our review of the documents submitted, we will not object to the project providing construction
and operation of the facility does not violate NC Division of Water Quality buffers and local
planning/zoning requirements for the Catawba River basin. Please be advised that all activities must follow
Duke Power Excavation Guidelines and any other special conditions specified by the NC Department of
Environment and Natural Resources, including water supply watershed buffer requirements as applicable.
Thank you for the opportunity to comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.
Sincerely
i
Ron Linville
Regional Coordinator
Habitat Conservation Program
Cc: Buz Cobb, DPC
1klailin - Ad dress. 1 >t'.liLc'•[t ;!]i!ti7u lilt,. ' il'S ' Yl. 1 i1;L ?{.!`\'i _i. { , ,,,: f ° 1'.:? .i ,}i, ,'d _ _ (oi l_ 1,7 1
Tkl.Cp'lllltlC: (')i`)i ?{? CSC._'ti' ° 1"5::: (`i!'•)i 71 i-7,•}j
THE LAKE NOR'VIAN _ti•I.AR1NE CUNINIISSIO
POST OFFICE BOX 35,0103
CHARLOTTE. N(1'282_355-5008
1)110',:N :E [phone]
F,kX (704) 3 74"10
Email minclaurn(icent,alina.O
July 8, 2002
Mr. Perry Culpepper
Carolina Income Management
1400 Harding Place
Charlotte, NC 28204
Sent by e-mail
Re: Morrison Plantation LLC
Dear Mr. Culpepper:
The Lake Norman Marine Commission has received and reviewed your
application for Morrison Plantation. Based on our reviews we have identified a
number of items which additional clarification is needed before the full
Commission can consider the application.
The items include:
1. We could not identify that all of the responding agency letters were not
included with the package submitted to the Marine Commission. When will
they be available? In reviewing those letters received, at least one of the
letters required to you provide following up information concerning boating
and environmental issues. We could not locate where that follow up had
been provided.
2. Were all the responding agencies provided the completed undated drawing
"FERC Application March 18, 2002" showing the dry storage facility? No
mention of the dry storage facility could be found in the submittal paperwork.
Additional commentary relating to the dry storage facility are:
a. How many dry storage slips will be in each building?
b. The dry storage facilities are an important and integral part of the marina
facilities and should have been included. Details should have been
provided in the Application Package.
c. Drawings were not prepared by a engineer.
d. Drawings are required by Duke Power that show the entire
shoreline/cove area where other piers or docks are on the opposite side of
the developers property in order to determine the effect of the 1/3, 1/3/,
1/3 rule and other issues. This applies in this case because of existing
development.
1300 BAXTER STREET -C 171ARLOTTE. NORTH CAROLINA 28204
Mr. Perry Culpepper
July 8, 2002
Page 2
3. There is no indication of a sewage pump-out station. It appears logical that a
development with a dry storage facility and 41 piers would include a sewage
pump-out station. This is especially true if your lease will allow boats will
marine sanitation devices (MSDs.)
4. Your application indicates that there will be 41 Commercial/Residential Piers.
Our estimate of the shoreline, which is classified for the placement of
Commercial/Residential piers, is 1500 feet. It therefore appears that the
classified shoreline would support 15 Commercial/Residential piers.
5. The Duke Power Application has the following discrepancies in the
LNMC's opinion:
a. Items 3, 6, 8, 10, 11, and 12 were missing.
b. The other items have missing or erroneous information.
6. Have any nearby lake residents been contacted about the proposal?
It is essential, and standard procedure, that at least the LNMC ensure that
the neighbors have a chance to be heard.
7. The existing Gazebo and 2-slip dock is not shown on the drawings.
What is this for?
8. A boat ramp in the back of narrow coves is normally seriously
questioned by the LNMC. We have been able over the last several years, by
working with Developers, to eliminate these because of Safety and
Environmental reasons.
We have agreed to meet with you beginning at 1:00 p.m. on Thursday, July 11,
2002. The meeting will be held at the Cornelius Town Hall. We look to meeting
with you and resolving these issues.
Sincerely,
Michael McLaurin
Executive Director
cc: Lake Norman Marine Commissioners
G & G GKAUING, ING.
North Carolina Division of Water Quality
6/15/2006
12223
475.00
Checking - 1044564 Morrison Plantation 05-392 475.00