20070179 Ver 1_401 Application_20070107

Kathy Hutchinson
P.O. Box 549
Lake Lure, NC 28746
January 29, 2007
Mr. Ian McMillan
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: project at Hutchinson property
Dear Mr. McMillan,
Please also note attachments:
20070178
1) Processing application 5 copies
2) Armory Core of Engineers Verification 1 copy
3) Addendum
4) Plat
5) Check
Sincerely,
~ ~ ~~~ ~~~
~~,
Kathy Hutchinson
PPS, ~ h~l-~iT
RECEIVED
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200701?9
[T.S, A-RMY CARPS QF ENGINEERS
WR.,MINt..>1TQN AISTRICT
Action ID. ~~W°200'L?.4&-38~ County: Ytoth or USGS Quad
GENf11:ItA1. pERM1T (REGIONAL AND NATIONWIDE) VERIFICATION
~~ t~wnef ~ Authorized Agent:blip .HtttC R0~
Addtess: 104 La a ids
I, ke Lore. NC 2_~74_fi_
Telephoue_ Ido.: 82i~28fi-2140
orated on
Sire artd location of property (wader body, road name/number, town, etc.): This ro'
-- _ _~_._~ n.__- - ivw..l1. /~swnlini
Dcseription of projects area and activity: This permit authorizes repair a 100Lp` t~tin pressure
treated wooden seawall with a pour concrete seawall. The exists footprint will be followed«
Applicable Law: ®Seerion 404 {Clean Water Act, 33 U3C 1344)
~ Section 10 (Rivers and l'larbors Act, 3~ USC 403)
puthorizatioa: Regional Creneral Permit Numbs: ] 2
NadotYwide Permit Number:
Your work is authorieed by the above referenced permit provided it is accomplished is strict accordance with the
attached conditions and your submitted plans. Any violadvn of the attached coaditiaas m deviation from your
submitted plans may subject the permittee to a stop work order, a testoratiae orderand/or ~~ ~ a~
This vdclScacion will r ~~ ~ ~~ mt`'d~ ~~on date ~identif~ed~below, flue ratio n
is ttiodified, suspended
sutborizatioa is reissued and/or modfIIed, Ibis vet3ficatioa will remain valid tmtil the expiradoa date
below, provided it complies with all requirements of tbo mpdiSed nadouaide penoait. If the nationwide permit
authorization expires as is suspended, rtwoY.ed, or is a~odiSed, sue]' that the activity would no longs comply with
the terms and conditions of the nati~wide pert, activities which have eoauaeaced (i.e., are user cons0uetion) or
are ua~t ca~act to eormnence in reliance upon the nadamwide permit, x+i11 remain authorized provided flu activity
is completed within twelve months of the data of the nationwide permit's expiration, modification or revocation,
~~ discretionary authority has been exercised on a dare-by-case basis to modify, suspend or revoke the
authorizatimn.
Activities subject to Section 40~F (as indicated above) may also require an individual Ser.don 401 'Warta Qwlity
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-i78~ to deuczmine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under tht Coastal Area
Managemenrt Act (CAMA), prior to beginning work you anrst contact the N.C. Division of Coastal Management .
This Depattme~t of the Army verification does not relieve the permittee of the responsibility m obtain any other
t~equiteti Federal, State or local approvals/permits.
Yf'there are any questions regardin8lhis verification, any of the conditions of the Perrmr, or the Corps of
Engineers regulatory program, P~ contact Debbie Milkr at 82$-271-7980.
Corps Regulatory Official Debbie 'Aer Date: ranastx~ x9.2007
Bxpirativn Date of Yerification; December 3t, 2Q~0

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Form Version March OS
Office Use Onty:
2 0 0 7 0 1 7 9
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA". j
i. Processing ~ 1 ~ ~ ~~~~ `"~~
Ne. RECEIVED
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ ction 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: n ~ ~ 3 ~ 'P ~O ,, ~
otxrte co because written approval for the 40l Certification"
3. If this notification is solely a c sy py
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach 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 countZes (listed on page
4}, and the project is within a North Cazolina Division of Coastal Management Area of
.Environmental Concern (see the top of page 2 for further details}, check here: ^ a^~ ~
Lion D C~~ G~ ~ ~~~
II. Applicant Informa
~a~ 3 c~ 2007
1. Owner/A licant i~o io ~f ~~S
Name: ~,,,, -
~~ ~ RFuNC
Mailing Address:. L w r ~ ~ ~ ,:.~ .~ .~ ~ _ .
-Telephone Numb~r: ~v~~ rss~~ -~
E-mail Address: Gi~~`''~ ~ ' ~~'~
C~-} ~ ~ ~-~~ ~~?
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.)
Name:
Company Affiliation:
Mailing Address:____
Telephone Number: Fax Number:
E-mail Address:
upaace~t tiiuaoos
Page 5 of 12

c
III. Project Information
Attach a vicinity map clearly showing the location of the property with respec# 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 II by 17-inch format;
however, DWQ may accept paperwork of any sire. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans axe
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.
n
,,
I . Name of project: -' ~ t ~ . ~~ ~ ~~`'
2. T.I.P. Project Number or State Project Number (NCDOT Only}: ./
3. Property Identification Number {Tax PIN}: ~ ~ ~~~~
4. Locatio a ` ~
County: ~V~ '~ ; Nearest Town: ~ Gr~C..Q ~
Subdivision name {in Jude phasellot number)- ~
Directions t site (include road num ers(/names, Ian mark's,/•,rjet('rc.}: -~
5
Site coordinates (For hinear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decl De rees ( di is inlm ): tiN
6. Property size (acres):
~,,,7. Name of nearest~receiving body of water:

8.
attach a sheet that
oW
River Basin:
(Nate -this must be one of North Carolina's seventeen designated major river basins.
River Basin map is available at htt~a•(/h"o enr state nc us/admirtPmansl.)
9. Describe the existing conditions on the site
at the time of this application: ~' 1 _

7"he
use in the vicin;iy of tl}e project
t v-1
Updated 11/l/2005
Page 6 of 1 Z

10. Describe the overall roject in detail, including the ty e of a uipment to be used: hG
tit ~ ~ ~ ,..~ ~ ~c
l I . E~pl n the purpose f the proposed work: ~" ~n~ ~ ~~}~~(Q+Y~
a C.Q.. U.'~ ~~ ~ ~~ rn e.. e n ~ _ _ E)
IV. Prior Project History
V.
VI.
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 Froject 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.
nv~
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.
4~~P
Proposed Impacts to Waters of the United StatesJWaters 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 ar 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
st~ace is needed far listing or description, please attach a separate sheet.
Updated 111112005
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,
__...r_, t;... ;..,...,,,.+~ .~„o *~. },~.ti, etnLrM~lrP ant) flnndirlQ_
SG Q121L

Wetland Impact
Site Number
(indicate on map) GL llJa au/ cww uuv w

Type of Impact ..u... .... .,....-,--~ ----- ------
T e of Wetland
YP
(e.g., forested, marsh,
herbaceous, bog, etc.) - -
Located wLthm
140-year
Floodplain
es/no
Ihsta~e to
Nearest
Stream
inear 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, ditchinglstraightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
1 d d T al tilate acrea a multi 1 len X wid then divide b 43 56Q.
must b
Stream Impact
Number
indicate on ma e me u e. o c c

Stream Name

Type of impact
Perennial or
Intermittent?
Average
Stream Width
Before Im act
ltnpact
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
r:tr .,,.;,.., ,tro.in,;..~, finnriino rlrainaOP. htilkhe.'ddS_ ~tC_
ittt, c1L~+
Open Water Impact
Site Number

indicate on ma avcuavly caws ~~~ , a=~-...

Name of Waterbody
(if applicable) •••• , •~......--_ _, ----_

Type of Impact ----, - -
Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc,
Area of
Impact
acres
~ ,~

Total Open Water Impact (acres)
u~~~a tvtr~s
Page 8 of 12

6. List
the cumulative im act to all Waters of the U.S. resultin from the ra ect;
Stream Im act (acres}:
Wetland Im act (acres):
Open Water Im act {acres}:
Total Im act to Waters of the U.S. {acres)
Total Stream Impact (linear feet):
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
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.
Panel 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 wafering, 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 foilt}wed during constructi~t to r~uee impacts. j
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 impapts to
freshwater wetlands or greater than or equal to 150 lineaz feet of total impacts to perennial
streams.
Updated lUl/2005
Page 9 of 12

USACE - In accordance with the Final Notice of issuance and Modification of Nationwide
Permits, published in the Federal Register an 3anuary 15, 2402, 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 acceptahilit<J 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 main#aining 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 revie~,v the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ w~ebsite for most current
version.). i.~ C3 6~~ ~~ ~.,,. c.~t_,t_1 +~f' C~ .
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation}, a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate 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•licvw~;r nce~ net/ga~esfinlieureplace.hirn. 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):
uFaatea i ini~os
Page 10 of 2 2

TX„ Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public {federal/state/local) funds or the use of
public {federallstate}land? Yes ^ I+to [~/"
2. If yes, does the project require preparation of an environm/ental 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 {919)133-5083 to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If sa, please
attach a copy of the NEPA or SEPA f nal approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
z.
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 accompa~ing site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within ISA NCAC 2B .0233
(Meuse}, 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba} 25A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify. )? Yes ^ No~
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 multi Tiers.
Zone' Impact
s tare feet Multiplier Required
Miti anon
I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 3o feet perpendicular from the top of the near bank of channel; Zane 2 es~ends an
addi#iona120 feet from the edge of lone I .
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration 1 Enhancement, ar Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as idez~tifled
within I5A NCAC 2B .0242 or .0244, or .0260.
Updated 11/112005
Page 11 of 'l2

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20°!0, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge ar discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
~~`~~~
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ Na
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts} result in additio al
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in actor ce with
the most recent North Carolina Division of Water Quality policy posted on our website at
llttn~ %~`hZo.enr.state.nc.usr'ncwetlands. If na, please provide a short narrative description:
XV. atfier Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
constnlctian dates to allow processing time for these permits_ However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules {e.g., draw-down schedules for lakes, dates associated with Endangered and
`Threatened Species, a cessibility problems or other issues outside of thg applicant's co ol).
i ,~~;.~ 1~ ,;~;. ~ t ~~- (,rv,. /"r~~ ~~.c-~ ~ ~ t~ rnr~ `~ 1 ct tit t -~ ~
~~ ~~. ~ 1!
ApplicantlAgent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12

PROPOSED
ELEVATED DECK
$~ gQAT DOCK
Waters of Lake lure '
N43'22'44"E
96.37
Z~
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n
ing Irtm '
kt,~~
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V~~~l~
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SEAWALL UNDER QECK
d~
`~sr. Existing iron
~$ z~
~~~F r
~~
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At~ Lo~ txt take lure
11 •• 797 f 447
s ~ PB 2t/t 24
Jahn tt, t•tutchinson ~-~-~,s $~$y1~~s~
and wife
Itathexine C. Hutchinson '~~29" °~____
twit Claim
~,iAra
'' i VV
EY,stir-n Iron
Z~
..
John f2. Moore
and wife
Pau762/53~$
~~Existing Iron
.oY
Exista~g t
.fohn R. Nutshinsan
and wife
Katherine C. HutChinscui
657/773
STATE t?F Nt7RTti GAROLtNA
Ct}i1NTY pi• RUTHERFtJRD
~* ~ Review t)€ficer of Rutherford
County certify thot the map at plat to which
this certification is p€fixed meets att statutory
requiremem#s for rescdrding.
Review O€ficer
Da#e:
~ 1
facistKSg trop \1
,fohn R. Hutchinson
and wife
Kathesrine C. Hutchins
697j773

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Addendum to application for John R. Hutchinson for form 401
Per phone conversation 1/26 and 1129 requesting reason for constructing seawall at Lake Lure residence
in concrete versus other material
This wall had previously been constructed from wood. Wave action due to high winds caused sufficient
damage to this wall as to cause adjoining dock to collapse. This location is subject to direct wave action
from any wind. Lake Lure being situated in Hickory Nut Gorge has frequent high wind warning issued.
See attached engineering noting concrete as appropriate struchu'e.