20061247 Ver 1_COMPLETE FILE_20060807

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August 11, 2006
T. Stephen Beatty
4405 Frank Dellinger Lane
Maiden, NC 28650
Subject Property: Governor's Island Lot 33, Denver, Lincoln County, NC
Lake Norman [030832,11-(75), WSIV B, Ca]
DWQ # 06-1247
Lincoln County
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules MINOR VARIANCE [15A
NCAC 2B.0243(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Beatty,
You have our authorization, in accordance with the conditions listed below, to impact 280 (ft) of Zone 2
of the protected buffers to construct the walkway on the subject property as described within your
variance request dated August 2, 2006 and received by the Division of Water Quality (DWQ) on August
7, 2006. This letter shall act as your Minor Variance authorization as described within 15A NCAC 2B
.0243(9)(b). In addition, you should get any other required federal, state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control.
This authorization is only valid for the purpose and design that you described in your Minor Variance
Request dated August 2, 2006. If you change your project, you must notify us and you may be required
to send us a new request for authorization. If the property is sold, the new owner must be given a copy of
this authorization and is thereby responsible for complying with all conditions. For this authorization to
be valid, you must follow the conditions listed below.
1. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0243) shall occur to
Zone 1 of the protected riparian buffers.
2. Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly marked
by orange fabric fencing for the areas that have been approved to infringe within the buffer
prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0243.
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained protective buffers in
order to assure compliance for future buffer impacts. These mechanisms shall be put in place
prior to impacting any wetlands, waters and/or buffers approved for impact under this
Authorization Certificate.
401 OversghtlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncvvetlands
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
One
N Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
r46V A UL 4
4. Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Buffer Mitigation (On-site Restoration/Enhancement) - You are required to mitigate for
impacts to the protected riparian buffers. The required area of mitigation to compensate for
impacts to the protected riparian buffers is 560 square feet as required under this variance '
and 15A NCAC 2B .0243. The DWQ has determined that you may satisfy this mitigation
requirement by planting at least 4 native woody trees within the retained portions of the
protected buffers. You must ensure their survival for a period of at least five (5) years. You
are required to replace any of these trees or shrubs that die within this five (5) year period.
You are required to provide proof in writing that the trees have been planted within one year
of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit
and copied to the Washington Regional Office. If this mitigation is not acceptable or
practicable, then you may choose to make a payment in to the Riparian Buffer Restoration
Fund to compensate for 560 square feet of mitigation as allowed under 15A NCAC 02B
.0244. If you choose to make this payment, please contact Amy Chapman of the
Wetlands/401 Unit at 919-733-1786 for additional information.
If you do not accept any of the conditions of this authorization, you may ask for and 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, NC 27699-6714. This authorization 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 the Catawba River Riparian
Buffer Protection Rules [15A NCAC 2B .0243(9)(b)]. Please call Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
?r Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Alan Johnson, DWQ Mooresville Regional Office
File Copy
Central Files
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File: 0612475 tcphenB catty(Lincoln)CB R+M inVar

20001247

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AUG 0 7 7096
Office Use Only: n 0 O For ; siionM arch 05
USACE Action ID No. DWQ No. L I G
(If any particular item is not applicable to tins project, picase enter -riot t%ppacauic or iwix .)
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: AIIN
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
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 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 U Q V L? D
?J`J D
H. Applicant Information
AUG 0 7 2006
1. Owner/Applicant Information
Name: T oSTEPNEN -?SG ATT Omit V:,17R tauAL1
Mailing Address: #NOd? FRAM /? ?EGC i? 6G2 ?AUC ytws?,g,,tsrtF}iN1 `Il
Aa / D C -,^l NC a29?65_0
Telephone Number. Z6LI yS3- 775'/ Fax Number:
E-mail Address: 70y 'a~ ?O T??3//0 '&64Too7.,4 . /?d-,
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: % Al Y Zogno2AD d c c-
Mailing Address: iEoBEPT &JAg_A?? Ok,,dc
.?! AtJ??SOw1 NC c7
Telephone Number: 1d 4l 89S %i`AS/ Fax Number: 70 S/ S'St? .: /IW
E-mail Address: AY-A
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 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: IA? K k) A7!e
2. T.I.P. Project Number or State Project Number (NCDOT Only
Property Identification Number (Tax PIN):
4. Location
County: , ZAto O L N Nearest Town: AJ i/CR
Subdivision name (include phase/lot number): C dC,tNOe'S /SCAUO ko'r' 33
Directions to site (include road numbers/names, landmarks, etc.): W?' !G Nose g T

5.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres): ,1 ?74 h4m
7. Name of nearest receiving body of water: AWE IWOMAU
8. River Basin: ("Artg w S A W10eQ QUA SIL)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp:Hli2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and
at the time of this application: 00/4,000
attach a sheet that
OW
land use in the vicinity of the project
Page 6 of 12
10_ Describe the overall nroiect in detail, including the type of equipment to be used:
11. Explain ? the purpose of the proposed work: 14),44-kW Al( AP-C)040 MTG2 ED6&
OF / / c nL ? 7C-1 /HC- STAB 000a .K
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 fgthe 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: /,usT,4Leaz/oN or--
,9AL KLO V AS ER 2r - ATlAC C-Q d?72nw/a[,
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,
. ,.?1., t;- ;-Mc Au- to hnth strnctiwe and flooding.
JV (Al4

Wetland Impact
Site Number
(indicate on map) ?,r1 a ? -

Type of Impact --- --
T e of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
(es/no
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
,, ,cr l,? ;nr-hidod Tn cnIr„late acrenne_ multinly leneth X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial t?
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_ dredaina- floodine. drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma Name of Watcrbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
(acres)

Total Open Water Impact (acres)
Page 8 of 12
6. List the
1at;ve imnnet to all Waters of the U.S. resulting from the project:
Stream impact acres :
Wetland Impact acres :
Open Water Impact (acres :
Total Impact 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.
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
tPrhninnPC to ht-. fh11nwPtl dnrins* Construction to reduce impacts.
1i
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
cc>.44KWgy AS -P4M 47'TRCNC?D -.LJfZAW114G
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:Hli2o.enr.state.nc.us/ncwctlands/strmgidc.litm1.
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 casement, 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://li2o.enr.state.nc.us/wrp/index.litm. 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/state/local) funds or the use of
public (federal/state) land? Yes ? No JZ
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 (919) 7 3-5083 to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If 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 213 .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify _47- Loo Q _)? Yes 1°J No ?
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 multipliers.
Impact Required
Zone# Multiplier
1 p 3 (2 for Catawba)
2 -e5- 1.5 -0-
Total 1 4VO 1 1 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 213.0242 or.0244, or .0260.
Page 11 of 12
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 2 %, please provide calculations
demonstrating total proposed impervious level. f;
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or av ' able capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes F1 No
Is this an after-the-fact permit application? Yes ? No A
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in dd' ional
development, which could impact nearby downstream water quality? Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accor ce with
the most recent North Carolina Division of Water Quality policy posted on our website at
htux/A2o.enr.us/ncwetlandsh2oenr. state. nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction 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, accessibility problems,,9r other issues outside of the applicant's control).
is valifi onWif an authorization letter from the applicantis provided.)
Pagc 12 of 12
VICINITY MAP PLOT PLAN CERTIFICATION
JApE
SILVERIVE ti THIS IS TO CERTIFY THAT ON THE _?$IH DAY OF ____ APRIL ___ 2006 THIS PLOT PLAN WAS MADE
UNDER MY SUPERVISION OF THE PROPERTY SHOWN ON THIS PLAT, AND THAT THE BOUNDARY LINES WERE
S ROAD • cD
WE 3D .5-19
R
S PLOTTED FROM INFORMATION PROVIDED' BY OTHERS, AND THE IMPROVEMENTS, UNLESS OTHERWISE INDICATED,
ARE PROPOSED. NO ACTUAL FIELD SURVEY WAS PERFORMED IN THE PREPARATION OF THIS MAP. THIS IS A

PRELIMINARY MAP AND IS NOT INTENDED T
RINE Oy LAKE O BE USED FOR CONVEYANCES, RECORD TIO OR SALES.
VE rn NORMA

0
°
FLOOD CERTIFICATION SIGNED

z
s
THIS IS TO CERTIFY THAT THE SUBJECT
5 NoT
PROPERTY 2
LOCATED IN A SPECIAL FLOOD

A HAZARD AREA AS SHOWN ON MAPS PREPARED 1 INCH = 40 FEET
BY THE FEDERAL EMERGENCY MANAGEMENT
° LAKE AGENCY, FEDERAL INSURANCE ADMINISTRATION,
NOT TO SCALE NORMAN DATED ......JUNE 22, 1998 40 0 a0 80
COMMUNITY PANEL 370146 0075 C ZONE X
LEGEND REVISED 05-23-06: TO ROTATE HOUSE
E.I.R. = EXISTING IRON ROD
N.I.R. = NEW IRON ROD
AY
C%L = CENTER LI E
SQQ.FT. = SQUARE FOOT
t
f
REFERENCE: au
MAP BOOK F
PAGE 399 w n; g
a BOAT DOCK
'
{
BUILDABLE AREA LAKE NORMAN
DUKE POWER COMPANY '
(REPUTED OWNER)
PLAT BOOK F, PAGE 399
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DEED BOOK 367, PAGE 350

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SIGHT LINE AREA N?55 60. I NANCE. G, UT1UTf ?`? -?
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NOTES; I 31_.01
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-SETBACKS, EASEMENTS, BUILDING AREA, SIGHT LINE AREA, ANDI
BOAT DOCK BUILDABLE AREAS ARE TAKEN FROM MAP BOOK F
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PAGE 399. clj
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-HOUSE PLAN TAKEN FROM PLANS PROVIDED BY TONY FOROUZAD Z i ?,- ,1 I PpPROyI
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CONSTRUCTION, ENTITLED
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-HOUSE DIMENSIONS ARE TO FACE OF BRICK TAKEN FROM THE ; cn i hi ^ ° /' a, PPP
FOUNDATION PLAN. I ra i /,- 1
-SUBJECT PROPERTY ZONED RL-ZO AND LIES WITHIN THE WS-IVC n /LOT 33..""
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WATERSHED AREA
OWNER 1
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,
0 VERIFY SETBACKS, ZONING, AND /• ???L
BUILDING REGULATIONS PRIOR TO ANY PLANNING OR CONSTRUCTION
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AREA LOT 33
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21,328 SO. FT.
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OR 0.4896 ACRES
PLOT PLAN OF
LOT 33, GOVERNORS ISLAND, MAP BOOK F, PAGE 399
R. 0. PHARR & ASSOCIATES
PROFESSIONAL SURVEYORS CATAWBA SPRINGS TOWNSHIP, LINCOLN COUNTY, N.C. REFERENCE:
MAP BOOK F PAGE 399
19801 S MAIN STREET PREPARED FOR

C .
EL:704:895iiso
FAX: [phone]

TONY FOROUZAD CONSTRUCTION TAX PARCEL:

4614-33-6193
URAAN.
B.C. B.C. 67906