20060120 Ver 1_COMPLETE FILE_20060123

? vvnrL-?
Ntichacl F, Easley, Governor
Wa William G. Ross Jr., Secretary
] ? Norllt Carolina Department of l7nviroumcnt
and Natural Rsuurces
?? ? Ilan %V. Klinick, P.E. Director
Divisiun of WatcrQuadity
February 24, 2006
DWQ Project # 06-0120
Burke County
Neil A. Cotty
6700 Honors Court ?t
Charlotte, NC 28210 D ?''JJ
?aM? D
Subject Property: Dry Creek at SouthPointe / Phase 7A / Lot #48 MAR 6 2006
5374 Knollview Drive, Morganton, NC 28655 DENR-WATER QUALITY
WETLANDS AND STOMMATER BRANCH
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cotty:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 150 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on January 23, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3492 (GC3492). The Certification (s) allows you to use
Permit(s) NW30 when issued by the US Army Corps of Engineers (USACE). 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) Erosion
and Sediment Control, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX[phone]/Internet: httpJ/h2o.enrstate.nc us/nmetlands
North Carolina
?V?rkrraU?
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/1096 Post Consumer Paper
Neil A.Cotty
Pagc2 of5
February 24, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Shoreline 150 (linear feet A
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

I
Neil A.Cotty
I'a-c 3 o l' 5
February 24, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
Neil A.Cotty
Pa-e4 ol'5
February 24, 2006
9. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
10. Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted 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. Stream banks in
these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
12. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

N c i I A(. otty
Paue5 of5
February 24, 2006
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. [e-mail] or at 828-296-4657.
Sincerely,
l C? G- c1 ?Cr?.?c! L(
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3492
Certificate of Completion
cc: Mrs. Sue Harmon
Permits Etc.
Post Office Box 234
Boiling Springs, NC 28017
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-0120.Cotty.WQ3492.Approval
,r ,a

i 3

® North Carolina Wildlife Resources Commission
MEMORANDUM
Richard B. Hamilton, Executive Director
TO: Amanda Jones, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
?R@F0 Frj D
FEB 2 2006
DENR -'WATER OUALITY
I ETLANDS AND STORUN ATER BRANCH
Cyndi B. Karoly, Supervisor, 401 Oversight and Express Permits Unit
NCDWQ Wetlands and Stonmvater Branch
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: January 23, 2006
SUBJECT: Lake James, shoreline stabilization applications for:
• Christine F. Price, Lot 58, Phase 7B, Dry Creek at Southpointe, 'D' °'? u
• Neil A Cotty, Lot 48, Phase 7A, Dry Creek at Southpointe, and - ,7.> 0'a 0
• Neil Sidden, Lot 55, Phase 7A, Dry Creek at Southpointe, Burke County
The applicants are requesting letters of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The
NCWRC has reviewed information provided by the applicant, and field biologists on our staff
are familiar with habitat values of the project area. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The applicant proposes to install riprap to stabilize eroding shorelines on Lake James. Due to
time constraints, we were not able to visit the lots. Photographic attachments indicated
substantial erosion is occurring along these shorelines.
Based on the information provided by the applicant and our knowledge of the project areas, we
will not object to the project provided that the following conditions are followed:
The stabilization project should be done with minimum class I (class H preferred)
riprap or rock. This size rock improves aquatic habitat structure. We. do not
support the use of river rock as mining river rock causes impacts to aquatic
environments and destabilizes riparian zones by causing unnatural geomorphic
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
r ' . e-.
Price, Cotty & Sidden Stabilization - Lake James 2 January 23, 2006
regime modifications. 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.
2. Stabilization work should occur from the water instead of the shore to minimize
buffer impacts. Existing wooded buffers should be preserved. Any Large
Woody Debris (LWD) should be maintained to the maximum extent practicable
to provide aquatic habitat. If relocated, the LWD must be securely anchored so
that it will remain where installed. WE recommend that large boulders be placed
for fish habitat every 30 feet to provide enhanced aquatic habitat. Placement
should be accomplished so as not to cause hazardous conditions.
3. 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.
4. Disturbed banks may be revegetated with silky dogwood (Corpus atuonum), silky
willow (Salix sericea), tag alder (Abius serrulata), black willow (Salix nigra), and
sycamore (Platapus occidentalis) or other native plants to provide long term bank
stability and stream shading. 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
riparian/wetland seed mix or temporary crop of wheat or rye.
5. Wide undisturbed shoreline buffers and natural vegetation should be maintained
to the extent practicable.
6. The applicant should contact the NC Division of Water Quality and local planning
authorities to determine if a 401 Certification or local permits are needed for the
project and for any buffer infringements or impacts.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Kevin Barnett, DWQ-Asheville

f ?. D ?' ? 15 ? V t.5 D JAN 2 5 2006
WATER QUALITY
t." 110S AND STOR MATER ERR"
J
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Amanda Jones, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
Cyndi B. Karoly, Supervisor, 401 Oversight and Express Permits Unit
NCDWQ Wetlands and Storm%vater Branch
FROM: Ron Linville, Regional Coordinator XPW
Habitat Conservation Program
DATE: January 23, 2006
e
SUBJECT: Lake James, shoreline stabilization applications for: do.
• Christine F. Price, Lot 58, Phase 7B, Dry Creek at Southpointe,
• Neil A Cotty, Lot 48, Phase 7A, Dry Creek at Southpointe, and
, ?4d
• eil Sidden, of 55, Phase 7A, Dry Creek at South oin ce?County
The applicants are requesting letters of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The
NCWRC has reviewed information provided by the applicant, and field biologists on our staff
are familiar with habitat values of the project area. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The applicant proposes to install riprap to stabilize eroding shorelines on Lake James. Due to
time constraints, we were not able to visit the lots. Photographic attachments indicated
substantial erosion. is occurring along these shorelines.
Based on the information provided by the applicant and our knowledge of the project areas, we
will not object to the project provided that the following conditions are followed:
1. The stabilization project should be done with minimum class I (class II preferred)
riprap or rock. This size rock improves aquatic habitat structure. We do not
support the use of river rock as mining river rock causes impacts to aquatic
environments and destabilizes riparian zones by causing unnatural geomorphic
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
r ' . e-.
Price, Cotty & Sidden Stabilization - Lake James 2 January 23, 2006
regime modifications. 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.
2. Stabilization work should occur from the water instead of the shore to minimize
buffer impacts. Existing wooded buffers should be preserved. Any Large
Woody Debris (LWD) should be maintained to the maximum extent practicable
to provide aquatic habitat. If relocated, the LWD must be securely anchored so
that it will remain where installed. WE recommend that large boulders be placed
for fish habitat every 30 feet to provide enhanced aquatic habitat. Placement
should be accomplished so as not to cause hazardous conditions.
3. 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.
4. Disturbed banks may be revegetated with silky dogwood (Corpus atuonum), silky
willow (Salix sericea), tag alder (Abius serrulata), black willow (Salix nigra), and
sycamore (Platapus occidentalis) or other native plants to provide long term bank
stability and stream shading. 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
riparian/wetland seed mix or temporary crop of wheat or rye.
5. Wide undisturbed shoreline buffers and natural vegetation should be maintained
to the extent practicable.
6. The applicant should contact the NC Division of Water Quality and local planning
authorities to determine if a 401 Certification or local permits are needed for the
project and for any buffer infringements or impacts.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Kevin Barnett, DWQ-Asheville
Triage Check List
Date: 1/25/06
Project Name: Neil A. Cotty
DWQ #:06-0120
County: Burke
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/23/06 to 3/24/06
From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? 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
? Is the application consistent with pre-application meetings?
Cumulative impact concern
F-1
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!
0000120
r-`
The following is an abbreviated application form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of $200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
1. Owner/Applicant Information
Name:
MR. NEIL A. COTTY,
Mailing Address: 6700 HONORS COURT
CHARLOTTE, NC 28210.
Telephone Number: 704-643-6647
E-mail Address:
Fax Number:
2. Agent 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:
MRS. SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address
POST OFFICE BOX 234
BOILING SPRINGS, NC 28017.
Telephone Number: _704-434-0706
E-mail Address:
_permitsetc@carolina. rr. com
IL 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. You may use the diagram below to make a
hand sketch of your project. Also, seethe example below for guidance. Both the vicinity map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
n r R ? ?
ag@TUVIS1
JAN t 3 2006
DUI(. VVAI VK QQir''Ty
t',=t -NN t}iu Vt!i WWm "UJOH
Fax Number: 704434-7100
NEIL A. CO TTY
1. Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): 5374 KNOLLVIEW DRIVE,
MORGANTON, NC 28655 (DRY CREEK AT SOUTHPOINTE / PHASE 7A / LOT #48)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST / TL ON SOUTH-
POINTE DRIVE / TR ON OLD DRY CREEK ROAD / TR ON KNOLLVIEW DRIVE
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, LAKE LOT.
3. Property size (acres): 2.15 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE 150 FEET OF ERODING
BANK ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. ' THE HEIGHT
OF THE RIPRAP WILL BE 4-5 FEET. THERE WILL BE GENTLE SLOPING OF THE
BANK TO ALLOW THE RIPRAP TO HOLD.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 150 FT. = 300 SQUARE FEET
8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
above the normal pool lake level and 50 feet land-ward in square feet or acres:
2 FT. X 150 FT. = 300 SQUARE FEET
(A CONSTRUCTION PATHWAY IS NOT NEEDED SINCE A BARGE WILL BE USED.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): ONE TREE GREATER THAN 6" IN DIAMETER AND
11 TREES 3"-6" IN DIAMETER WILL BE REMOVED. THEY WILL BE REPLACED
USING THE GUIDELINES OF BURKE COUNTY'S ZONING ORDINANCE. ANY
REMAINING DISTURBED AREA WILL HAVE MULCH APPLIED TO IT.
9 UL err mv, C ;p,y? l ??? rrnc? _ ?. I / I? l ol?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
M6 I k, C bm
Dr i Cr oK d 56Ut1IRDli &
.g13 28 / Uf AV
Lake (Full Pond)

Full Pond
Shoreline
Lakeward
9/X 15o?-w
9' X 150, - Clearer-(
A- cv6 r i l Roo l
U+ ? 45
(A Comfrucf7'on paf hu&y will i1o f
be, asu-.
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool"
elevation
3) Location of rip rap or fill to be placed below the "Normal Pool"
elevation
4) The location of any proposed structures such as buildings,
retaining walls, docks, etc.
5) The location of any excavation or dredging below the "Normal
Pool" elevation
6) Location of construction access corridors

Hell A. Coffy
Dr Cr?1 c of ScuMdnh?.
Phase `l A lLo+ 0 -
I 10D view officer Filed for Recordin
hich this (DA E)
lnts for' ??
X'S - Shoo, Sri pray f1 Ier?f?1, Recorded in Book
5 -6-f i ?1" key & Register of
c/ Burke County,
C?^t?IflCatQ Qf QYYnQt'II?1
h?/-4 Y certify that. Crescent
the propOrty shown and described
i
Pia Zone adopt this plan of subdivision with
Pler 7ooa. all streets, water lines and other
NO' 7 notgd: Further, we certify the fond
` t r piattirtg jurisdiction of Burke County,
• ,• Pier zonii
Dote
AnON 12ce.
700-
112
o-- ,
Pia Zone ??,?'?` 0 ? •
49
215 ` ' See Map 3 of 6
r CONTROL CORNER CONTROL CORNER
R3 ..c?.R?T7?R LOCAL`'.. LOCAL
?•• 4? ` Y \ N 746453.51 N 74-6602.92
E 1155485.83 E 1155545.26
N 6 Z,jg'E R6E 45
8341 •., ?1? • ?
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47 12-441 C 1.5
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*44 46•E eA `
J1 s? L1018 ??k\?6 St1rVC1Of" 8 NotC9:
0 All bearings are
'?? z R?
co For Pub11o"Access North,
6247 S??d ?• N ?' ?g ?,_? g' Ao NC126,.26 O All distances shown
- c^?•?:? ?s:R311.: Rai 5ee:
1f'E $k4 4'SB?E ?'o? .Plat sk, O ' feet unles9
b>.?°??• Rio `0`/???i ?}•+ Burke County Registry O Area was l
R32 REIE-44 ? i rnothoq.
8E-47 R327 O 1200' Contour Boundary.
7. f4!
Duke Power
'L1 G . 12 ?tS '?i?'1`"'f!' gat fir` priYjego, and casement
101 l OppS>r0) 4r\ ????',,,i, Pia z 5p1 ? , 4,.?? '?, rr ." roiykt9 floQdlnq? .or
?``` R J S? /?x, ,?•;? r;, „ Cotvwba Rivcr-vnd its
:. ?}? ?Q°?agT"q z See Map 1 of,6 through or awvy from
contour ai .elevation
jt C{L6 J b??^ level,, USGS datum.
Burke' County Registry.
1 thou 6 of Dry Creek
/ . LA l -
" R8E -45 I? - Subject. subdivision
approval for septic

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1Y?.? /? -Olin
Creek C I"D Ilfr-
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date ?'?/a
Neil A. Cotty
Dry Creek @ SouthPointe
Lot 48
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1046
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name
B. Mailing Address 6700 HONORS COURT, CHARLOTTE, NC 28210,
C. Telephone: [phone]
IL Location of Proposed Project
in
IV.
V.
A. Lake LAKE JAMES
B. Street Address 5374 KNOLLVIEW DRIVE, MORGANTON, NC 28655
C. County BURKE
D. City, town, community or landmark MORGANTON
E. Section -PHASE 7A Lot #148_ Subdivision -DRY CREEK AT SOUTHPOINTE
F. Directions to property by road -FROM MORGANTON TAKE HWY 126 W / TL ON SOUTHPOINTE DR /
TR ON OLD DRY CREEK RD. / TR ON KNOLLVIEW DRIVE
G. Latitude and longitude for the project site -LATITUDE 35.76667 LONGITUDE -81.84900
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonus.com.
Description of Project
A. Length of wall 150 LINEAR FEET
B. Material RIPRAP
C. Distance from property line/shoreline-WILL FOLLOW EXISTING SHORELINE
Intended Use of Project Area
A. Private YES
B. Commercial
Applicant Signature -?--?
Agent Signature LU
t!4_rn J5) Efz.
Date ? 1?1 4 6
Fax b
A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. - ROOM 208,
ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF JVA TER QUALITY
ATTENTION: JOHNDORNEY
PARKVIEW BLDG., 2321 CRABTREE BL VD.
RALEIGH, NC 27604
919-733-1786
NEIL A. COTTY
01/10/06ssb
n 1 2 0
The following is an abbreviated application form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of $200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L
2.
Applicant Information
Owner/Applicant Information
Name: MR. NEIL A. COTTY
Mailing Address: 6700 HONORS COURT
CHARLOTTE, NC 28210,
Telephone Number: 704-643-6647
E-mail Address:
Agent 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: PERMITS, ETC.
Mailing Address:
Q?@ 9 odT= I
SAN. 2 3 2006
.?Re'CHWoF? `ID BiU? AUl?f1 GTM?Nssl
Fi51F??'tYM
POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704434-0706
E-mail Address
[e-mail].
IL 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. You may use the diagram below to make a
hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
MRS. SUE HARMON
Fax Number:
Fax Number: 704434-7100
NEIL A. CO 77Y
Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): 5374 KNOLLVIEW DRIVE,
MORGANTON, NC 28655 (DRY CREEK AT SOUTHPOINTE / PHASE 7A / LOT 948)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST / TL ON SOUTH-
POINTE DRIVE / TR ON OLD DRY CREEK ROAD / TR ON KNOLLVIEW DRIVE
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, LAKE LOT.
3. Property size (acres): 2.15 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE 150 FEET OF ERODING
BANK ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. ' THE HEIGHT
OF THE RIPRAP WILL BE 4-5 FEET. THERE WILL BE GENTLE SLOPING OF THE
BANK TO ALLOW THE RIPRAP TO HOLD.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 150 FT. = 300 SQUARE FEET
8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
above the normal pool lake level and 50 feet land-ward in square feet or acres:
2 FT. X 150 FT. = 300 SQUARE FEET
(A CONSTRUCTION PATHWAY IS NOT NEEDED SINCE A BARGE WILL BE USED.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): ONE TREE GREATER THAN 6" IN DIAMETER AND
11 TREES 3"-6" IN DIAMETER WILL BE REMOVED. THEY WILL BE REPLACED
USING THE GUIDELINES OF BURKE COUNTY'S ZONING ORDINANCE. ANY
REMAINING DISTURBED AREA WILL HAVE MULCH APPLIED TO IT.
Applicant/Agent's Signature U I Date '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
N611 A-.. CbmI
Dr ? ? ?K of 5oi?tlll?nt??f?
Pil 2A -1/ Lot 4 49
Lake (Full Pond)
A. 6, li.SM -Ft-r Ws 1?t-nf?'f
Full Pond
Shoreline
Lakeward
9" X 150` - clew-l
- Eon AbCV6 r-u l l IRco I
Lo+ ? 45
(A Con5hc6n Puth" ?Vi II 110{
bv, ciscd.
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool"
elevation
3) Location of rip rap or fill to be placed below the "Normal Pool"
elevation
4) The location of any proposed structures such as buildings,
retaining walls, docks, etc.
5) The location of any excavation or dredging below the "Normal
Pool" elevation
6) Location of construction access corridors
\Oam )ill he If-5 4-0-t-t,

Nell I A. Cof -y
Dr` Cru;,ek at 50u+ ?d nf-t '
w' rl
Phase 1 a / 0- -t $ .r ,.. -
aCG?e'+
dare officer ?• Filed for RecordinAX
hich this (wrc)
}- snts for X'S - Show ri pra p ( ??1 I fZ I ?? Recorded in Book
??E?I i/1 I?ei?{Il? Register of
?J Burke County,
I 53 52 (?,+.+ift,?nt4 Qf Qwn4t-IIti
ie I h i -iby Certify that. Crescen
the property shown and described
Pia Zone r adopt this plan of subdivision with
a Zottii oll.streets, water lines and other
noto, Further, we certify the land
` ? r platting jurisdictlon of Burke County.
Poor'Zon.o
AnON 1203. Oota
700
--
Pia 2on1
49
r.
2.1514"' ' r See Mop 3 of 6
.' • CONTROL CORNER CONTROL CORNER
f o R36,; g R?TI LOCAL LOCAL
N 74645151 N 745&0292
69?1? E R6E 4$ i 0 1(ld?' E 1155485.83 E 1155545.26
µS3 Ry?2 e R341?Ro
!'},,? / d1` ?7Y F 92:44 C133
N '44
46
.mot J?F 7a'? ?3? F `6peA .?
Li 18
111?A`? S11rVCY4C 8 NQtCS'
O All bearings are
?ti RQ
'??- - >. ?. .? ? ?Of-'?0 •. ?..co For Pub11o"A.ccoss North.
3 4s N 1? ,, {?.y? g' to NC126,. O All distances shown
_6_2_4T_- ?'? RJI2 Z : Seo:.Plot Bk. 26 feet unless
11'Q ?µ4X14`58?E 'mb?°? <i ?0 ?`• !A'????. ' 1. P.g.. 167178
Burke County Re9iatry . Area was c
R8E--44 i?. methaq.
RJZ?
BE-47 ??e?-R327- ,1 h 0 1200' Contour
??? ?L O d / I Boundary.
?As???l-.. b Duke Power
l
? G 0 \ ,?? %,?•?, `0 ly` 4? . privilogi, and, easement
LIFO?
OppSE) c?? ,,??•?,,' ?.Sp ' 1+? ?,?F r'r '" raiyln9. f1oQG?n9 or
S? ''r?'R ? Catowba`Rivc( Od Its +
through or aw0y from -
See Map 1 of 6
contour'ot".devotion
level, uSGS datum.
3 Burke County Registry.
r_
1 thrv 6 of Dry Gook
rn / .?+_
CtL..
i.
RBE-45 ?? - Subject• subdivsion
approval for septic

Copyright O 108&2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:/Avww.micrwoH.oomNtrseb
O Copyright 2000 by Geographic Dots Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data Includes information taken with permission from
Canadian outhortlies O Her Majesty Me Queen in Right of Canada. O Copyright 2000 by Compusserch Micromarkating Dots and Systems Ltd.
i ? li
D?CI
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date ?'?
Neil A. Cotty
Dry Creek @ SouthPointe
Lot 48
f

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41
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E
DUKE POWER LAKE MANAGEMENT, EC12-Q
P0BOX1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name
B. Mailing Address 6700 HONORS COURT, CHARLOTTE, NC 28210
C. Telephone:
NEIL A. COTTY
704-643-6647
H. Location of Proposed Project
A. Lake LAKE JAMES
B. Street Address 5374 KNOLLVIEW DRIVE, MORGANTON, NC 28655
C. County BURKE
D. City, town, community or landmark MORGANTON
E. Section -PHASE 7A Lot #48 Subdivision -DRY CREEK AT SOUTHPOINTE
F. Directions to property by road -FROM MORGANTON TAKE HWY 126 W / TL ON SOUTHPOINTE DR /
TR ON OLD DRY CREEK RD. / TR ON KNOLLVIEW DRIVE
G. Latitude and longitude for the project site -LATITUDE 35.76667 LONGITUDE -81.84900
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mai)soniis.com.
HL Description of Project
A. Length of wall 150 LINEAR FEET
B. Material RIPRAP
C. Distance from property line/shoreline-WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A. Private YES
B. Commercial
V. Applicant Signature ?--? Date
Agent Signature Phone 0 - D Fax_lQq
'LEASE NOTE THE FOLLOWING:
A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTON A VE. -ROOM 208,
ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF IVATER QUALITY
ATTENTION. JOHN DORNEY
PARKVIEFV BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
01/10/06ssb