20060905 Ver 1_COMPLETE FILE_20060530

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Raymond F. Peirce
88 Ferry Road
Bristol, RI 02809-2905
Dear Mr. Peirce:
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AUG 2 9 2006
UENR - WATER QUALITY
WETLANDS AND STOINWATER BRANCH
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2006
Subject: Notice of Violation
Incident #200602648
NOV-2006-WQ-0025
NCAC 02B .0243(4)
Moores Ferry S/D, 236 43rd Ave. Dr. NW
Lake Hickory
Catawba County, NC
On August 17, 2006 Mr. Barry Love of this office conducted an investigation at the subject site located at
236 43rd Ave. Dr. NW in Moores Ferry S/D in Catawba County. Based on the investigator's observations, this
letter is being issued as a Notice of Violation for violation of 15A North Carolina Administrative Code (NCAC)
02B .0243 (4) (pursuant to NCGS 143-214.1).
During the investigation Mr. Love observed that grading had occurred in Zone 1 of the Catawba Riparian
Buffer. Furthermore aerial photos taken prior to the grading showed the presence of trees in Zone 1. The Catawba
Riparian Buffer Rule requires that Zone 1 of the buffer shall consist of forested area that is undisturbed. More
specifically the soils must remain undisturbed and no trees larger than 3 inches may be removed 30 feet landward
from the shore (full pond elevation of the lake).
It is requested that a written response be submitted to this office by September 7, 2006 indicating the
actions taken to restore the buffer. At a minimum, mulch 6 inches deep shall be used to help restore the buffer.
Three-inch (3") caliber (minimum), eight (8) foot tall (minimum) native species trees must be planted to replace
any which were removed. The restoration should be completed immediately to prevent sediment impacts to the
lake.
Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to
contact Mr. Love or me at [phone].
Sincerely,
D?
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachments
cc: Danny Smith - NPS Assistance and Compliance Oversight unit
Ian McMillan - Wetlands Unit
A X WA Central File
NCDENR&A Duke Power Lake Mgt.
Mooresville Regional Office Division of Water Quality Phone [phone]
Internet: www.ncwaterguality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
No MCarolina
Ya ,t7ljy
Customer Service
1-877-623-6748

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Parcel Summary Printed Map Scale 1 inch = 50ft
Parcel ID: 371518219764 Parcel Address: 236 43RD AV DR NW
Owner: PEIRCE RAYMOND F + Address: 88 FERRY RD City: BRISTOL
Owner2: PEIRCE PATRICIA K Address2: State/Zip: RI 02809-2905
Building(s) Value: land Value: $145,200 Total Value: $145,200
DISCLAIMER: This map product was prepared from the Catawba County, NC Geographic Information System. Catawba County has
made substantial efforts to ensure the accuracy of location and labeling information contained on this map. Catawba County promotes
and recommends the independent verification of any data contained on this map product by the user. The County of Catawba, its
employees, agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect
or consequential which arises or may arise from this map product or the use thereof by any person or entity.
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Mr. Raymond Pierce
88 Ferry Road
Bristol, RI 02809
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William G. Ross Jr., Secretary AV//
North Carolina Department of Environment and Natural Resources
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Subject Property: 43`d Ave. Dr. NW, Lake Hickory
Alan W. Klimek, P.E. Director
Division of Water Quality
June 29, 2006
DWQ Project # 06-0905
Catawba County
Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Pierce:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application dated May 30, 2006:
Amount Approved Units Plan Location or Reference
Shoreline 200 feet
404/CAMA Wetlands acres
Waters 0.01 acres
Buffers - Zone 1 1200 (square ft.
Buffers- Zone 2 (square ft.
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3492 covers the impacts. This Certification
allows you to use Regional General Permit No. 198200030 when issued to you by the US Army
Corps of Engineers (USAGE). This letter shall also serve as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you proceed with your project, including (but not limited to) those required by Erosion
and Sediment Control, Non-Discharge, Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit
expires unless otherwise specified in the General Certification. This approval is for the purpose
and design that you described in your application. If you change your project, you must notify
this office and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible
for complying with all conditions.
4"hCarolina
Nawla!!y
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
No impacts shall occur in the buffer, including the removal of trees, except along the
immediate shoreline.
2. Mulch or pine needles (6" deep) shall be used to help, reestablish.the buffer upon completion
of the project.
3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B.0243(5).
4. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to return the attached
certificate of completion form to the 401 Oversight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition. herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. If you do not accept any of the conditions of
this Certification (associated with the approved wetland or stream impacts), you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes, to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are.final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC
2B .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan
Johnson at 704-663-1699.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Sue Harmon, Permits Etc.
Central Files
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Project Number. 120060905. Version. 1 Status: 'Issued Last Action Desc :. P(Oject Issued
'Project Name Raymond F. Peirce Lot 325 1 •Proj actType ,horeline Stabilization (sills rip rap)'
Project Desc shoreline stabilization
'Owner ,Peirce Raymond F. ,r , Details...
'Received From: (r"Applicant
i_- COE ID: j 'Primary County w t
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C, DOTTIP: 'I •Admin Regiom Mooresville _ 1 (
Received Dl. 05730/2006 Rev ewe r: alan.johnson
Issued DL 0 612 912 0 0 6
-"Secondary Cou11
Statutory Dt .0 772 912 0 0 6
CAMA NE PA7SEPARecervedDt:
DCM Office: SW Plan Received Dt.
COE Office eville Regulatory Field Office' SW Plan Approved Dt Public Notice Published Dt
Last Updated By Iaurie dennison ! SW Plan Location' E Public Notice Received Dt: 1
Last Updated On: 06107!2006
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Triage Check List
Date: 6/07/06 Project Name: Raymond Peirce, Lot 325
DWQ#: 06-0905
County: Catawba
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 5/30/06 - 7/28/06
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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
D
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!
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
Owner/Applicant Information
Name:
MR. RAYMOND F. PEIRCE 'T ?t vVATER NCH
Mailing Address:
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MAY 3 0 2006
BRISTOL, RI 02809
Telephone Number: 401-253-6978 Fax Number:
E-mail Address:
88 FERRY ROAD
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:
IL Project Information
[e-mail].
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.
Fax Number: 704434-7100
RAYMOND F. PEIRCE
1. Location
County: CATAWBA Nearest Town: HICKORY
Subdivision name or site address (include phase/lot number): MOORES FERRY / PH. 7 / LOT 325
_(236 43RD AVENUE DRIVE NW, HICKORY, NC 28601)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM HICKORY TAKE HWY 127 N / TL ON 42'D AVENUE DRIVE
NW / TR ON 1sT STREET DRIVE NW / TL ON 43RD AVENUE DRIVE NW / PROPERTY AT END
OF ROAD
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): 0.56 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE HICKORY
5. Describe the purpose of the proposed work: TO STABILIZE THE 200' ERODING BANK
ALONG THE SHORELINE OF THIS LOT BY CONSTRUCTING A WOODEN SEAWALL.
THE HEIGHT OF THE WALL WILL BE 4 FEET. RIPRAP, 1 FOOT IN WIDTH, WILL BE
PLACED IN FRONT OF THE WALL. THIS NEW WOODEN WALL WILL REPLACE A
COLLAPSED BLOCK WALL (AS SHOWN IN PICTURE WITH THIS APPLICATION).
6. List the type of equipment to be used to construct the project: A TRACKHOE, A BOBCAT
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 200 FT. = 400 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:
4 FT. X 200 FT. + 8 FT. X 50 FT. (construction pathway) _
800 SQ. FT. + 400 SQ. FT. = 1,200 SQUARE FEET
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): A TOTAL OF 6 TREES, 4 TREES, 3"-6" IN DIAMETER, AND
2 TREES GREATER THAN 6" IN DIAMETER, WILL BE REMOVED. OF THE 6 TREES
TO BE REMOVED, 5 OF THESE ARE UNDERCUT TREES ALONG THE SHORELINE.
NO TREES WILL BE REMOVED IN THE CONSTRUCTION PATHWAY. THE TREES
WILL BE REPLACED AT A MINIMUM WITH A 2" CALIPER, NATIVE SPECIE TREE.
RAYMOND F. PEIRCE, page 3
8. b. (continued from page 2)
ANY REMAINING DISTURBED AREA WILL HAVE MULCH APPLIED TO IT.
5/96
Applicaht/Agent's Signatur6 U ! Date I
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Raymond F. Pei
rce
Moores Ferry../Ph. 7/Lot 325
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Scale 5o,
X's Shots 4' hi h wwden W0j1. a.oo'
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dlA?RY plc?ccd In LooodenN wo-1I I
NOTE: BOUNDARY ALONG LAKE RCKORY FOLLOWS
935' CONTOUR LA'E W1101 IS ALSO THE HIGH WATER
MARKOFLAKEHICKORY
LAKE HICKORY /'I

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PROPERTY ADDRESS: 13643RDAVENUEDRIVENW-
HICKORY, NC 18601
as w<ue 3115 -18-11-9764
RESTRKTIVE COVENANTS : D.B. 1113 PAGE 115
DEED BOOK REF: 1160 PAGE 118
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JAMES TARLTON CONSTRUCTION LLC
DEED BOOK 1160 PAGE 118
PLAT BOOK 46 PAGE 090
Lot # 329
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Lot # 325
PLAT BOOK 46 PAGE 091
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24,279 SO. FT.
BY COOK. METHOD
ARC LENGTH- 4439'
RAD - 50.00'
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Conslrudian IPat
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RA T BOOK 46 PAGE 091 \\
Lot # 326
JOHN W. KESSEL
DEED BOOK 1318 PAGE 911
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rswtraua RESERVED ALONG LOT LINES FOR PRESENT AND FUTURE
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/ t HEEDSASSTATED NRESTRICINECOVFNANTS
i SECTION 16 DJ 2123 PAGE 119
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I BOUNDARY AND LOCATION SURVEY OF AN EXISTING PAR CEL FOR:
a Raymond F. Peirce AND Patricia K. Alm
LAKE HICKORY ??Pk \ I pr BEING ALL OF LOTS 325 NOORES FERRY SUBDIVISION PHASE VI RECORDED IN
092
i > PLAT BOOK 46 PAGE 090 -
?? Z \\ HICKORY TOWNSHIP CATAWBA COUNTY, NORTH CAROLINA
S $ co
?? \ Drawn By i D.L.R.
04 Field Book, No, #
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DARRI T L. REID PLS
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CLAREYONT, N.C. 28610
?S Rio I p? ( 828) 459-9699
CERTIFICATE Of SURVEY ACCURACY
1 I, Darrin L. Reid, certify that this plat was drawn by me
from an actual survey made by me ( deed description
recorded In O.B. 2160 PAGE 728): that the
boundaries not surveyed are clearly indicated as drawn
vICINJTY YAP - NOT TO SCALE from information found in P.B. 46 Pape 091
that the ratio of precision as calculated is 1: 10,000 .;
I Mal set at SE corner of catch that this plat was prepared In accordance with the G.S. 47-31
UT
- 01
aspitmcuprM pnFOR ARgytSpNGWpTETO NGMORTAL CONTROL i basin on back of curb an east -side as amended.
Witness mroriginal signature, LICENSE number, andseat
?p lrnrNnrl F. Peirce,
;?ttbj,ej ,lrcpet' -} j ,?nS (-prr?i IPti.? lfof 3 5
?irKar? ?lC ?BC?nI
Lake (Full Pond)
Full Pond
Shoreline (Rprap, I fool' in widfk) wi l l b? Placed 'ror?+
u w 4 en 5eLl uW I'.) Lakeward
OOd en
't- X gip' l Cleared -
Caisfru.cfi'on Pa ? above Fu, l l Pool
(8' W 'X So ?) r
goore5 I%err`1
Lot- W ZZ
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
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Hickory area, NC
Raymond F. Peirce

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} M'are's Ferry /Lot 325
i 1J 235 43d Ave. Drive NW
>> Hickory, NC 29511 f ?` ?,?? y • t
LadbAe 35.79397' N
e, LCngib.ide 81.3]664°W -v'? ?y>? C
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C4py6gM 0188&2006 M i=&A Corp. and/or ib suppliers. AU rights reserved. hWJ/www.micro conV&sets/
O 2004 NAWEQ AX ngMs reserved. This data indudes infomra0on taken with permission hom Canadian audwitwo O For Majesty the Queen in Right of Canada. O Copyright 2004 by
TdeAdas NwM America. Inc. All rW t reserved.
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?,3?a 3rd five. Drive, Mw
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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)
2-
Date ?? ???

Collapsed
Vock Wall
Raymond Peirce
236 43rd Ave. Drive NW
Hickory, NC
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1400-443-5193
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 RAYMOND F. PEIRCE
B. Mailing Address 88 FERRY ROAD, BRISTOL, RI 02809
C. Telephone: [phone]
H. Location of Proposed Project
A. Lake LAKE HICKORY
B. Street Address 236 43RD AVENUE DRIVE NW, HICKORY, NC 28601
C. County CATAWBA
D. City, town, community or landmark HICKORY
E. Section PHASE 7 Lot # 325 Subdivision MOORES FERRY
F. Directions to property by road -FROM HICKORY TAKE HWY 127 N / TL ON 42ND AVE. DRIVE NW /
TR ON 1sT ST. DRIVE NW / TL ON 43RD AVE. DRIVE NW / PROPERTY AT END OF ROAD
G. Lati and longitude for the project site LATITUDE 35.79387" N LONGITUDE 81.31684° W
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.maysonus.com.
III. Description of Project
A. Length of wall 200 LINEAR FEET
B. Material WOODEN WALL (TO REPLACE FAILED BLOCK WALL)
C. Distance from property line/shoreline-WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A. Private YES
B. Commercial
V. Applicant Si Date ?/Z Z/2 0 © 6
Agent Signature 41
Phone - Faz - 3 - Qb
?./U?7t? ?iTC..
'PLEASE NOTE THE FOLLOWING: t
• 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 PAYTONAVH -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 WATER QUALITY
A T T E N TI O N:10 HN D O R N E Y
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
05/18/06ssb