20061550 Ver 1_COMPLETE FILE_20060926

SaNU-113M-0M0:3WHN 268922L6T6:-131 20:bT nH1 9002-S-100
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® North. Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
20 September 2006
)VIr. Jeremy Thigpen
Progress Energy
P.O. Box 1551, PEB 3A
Raleigh, NC 27602
Subject: Application Request to Replace a Seawall, Mr. Brian MillhOuse ?-- Lake Tillery,
Progress Energy, FERC 2206, Yadkin-Pee Dee River, Montgomery County, North
Carolina.
Dear 1W. Thigpen:
Biologists with the North Carolina Wildlife Resou raz COMMIMion have reviewed the
subject document and are famr3iar with the habitat values of the area. Our comments are
provided in accordance with provisions of the Federal Power Act, as amended (16 U.S.C. 79la-
825r), and the Fish and Wildlife Coordination Act (48 StaL 401, as amended; 16 U.S.C. 661 et
seq.).
The applicant proposes to replace an existing wooden seawall with a keystone block
seawall. We will not object to the proposed seawall replacement provided the applicant adheres
to the Lake Tillery Shoreline MamBemeot Plan We offer the following recomumendations to
reduce impacts to aquatic and terrestrial wildlife.
1. The seawall should be replaced in the dry (Le., when the reservoir level is lowered). If
the seawall cannot be replaced in the dry, we recommend an in-water work moratorium
take place during 1 April to 1 June to minimize impacts to spawmng fish and to the
survivability of young fish.
2. The new seawall should follow the footprint ofthe existing seawall.
3. State erosion and sedimentation controls measures should be strictly adhered to.
4. Establishing an undisturbed buffer zone (e.g., planting trees or shrubs) along the
shoreline would help to stabilize the shoreline and minimize erosion.
Meiling Address: Division of Inland Fisheries • 1721 Ma>7 Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Far: [phone]
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Page 2
20'September 2006
Mr. Millhouse - Seawall Replacement
2Ge92£ZGTG:131 £0:vi nH1 9002-S-100
Thank you for the opportunity to review this application. If we can provide fiuther
assistance please contact our office at [phone].
sincerely, -
? -A (31-1?
Shari L. Bryant
Piedmont Region Coordinator
Habitat Conservation Program
cc: Gaylynn Meyer, The Rowboat Company, Inc.
ec: Todd Ewing, WRC
Mark Bowers, USFWS
E'd SZ9G-Ebb-9EE jueRuH -1-S dSi=EO 90 SO '400
T 'd SGNd-113M-0MG:3WbN 26e922L6T6:X31 20:t7T nH1 9002-5-100
FAX COVER
Date 10104/06
Number of pages including cover sheet 3
To: Cyndi Karoly
NC Wildlife Resources Commission
Habitat Conservation Program
P. O. Box 129
Sedalia, NC 27242-0129
From: Shari Bryant
Phone
Fax Phone
CC:
919-733-6893
Phone [phone]
Fax Phone 338x149-7625
REMARKS:
? Urgent ? For your review ? Reply ASAP
DWQ ID: 20061550 - Seawall for Mr. Brian Millhouse, Lake Tillery
? Please comment
T-al S29L-6trb-9CC jueRjg -1•S dSi=60 90 SO '400
W ATF Michael F. Easley, Governor
OF
?4
OC? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
vj Alan W. Klimek, P.E. Director
Division of Water Quality

o 'C
Date
DWQ Project No.:
06 -
County: Ra-e -f?y,>^zry
Applicant: ?•i?,v /??/?j?„?.Lsc
Project Name: Nd(u S&AwA // l freiNczAe-v = ,W j!)6'0(,2t, L, ,111
Date of Issuance of 401 Water Quality Certification: 9 A 1 /n,?
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 this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, i6" 1,^,J 0 cS 4 , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
V 1=1 c?19aemp
OCT 2 4 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER 9RANCF,
N?o ffiCarolina
Transportation Permitting Unit ?''"/uC lly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncvvetlands
"e ii- Date: It, -i'2 _ °r;
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
O?O? W A T ?9pG
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0 Y
September 27, 2006
Mr. Brian Millhouse
Jf5rr;qA0Wfq,'J
OCT 2 2006
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
DWQ Project #06-1550
Montgomery County
330 Cambria Road R - w wATER QUALITY
WETLANDS T OR BRAH
Charlotte, NC 28210
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Millhouse Property, 221 Windemere Point (Lot 20)
Lake Tillery (030708,13-(1), WS IV, B, CA)
Dear Mr. Millhouse:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.012 acres of open water (Lake Tillery) below the normal pool lake level for the purpose of
replacing an existing seawall as described in your application dated September 25, 2006, and received by the
Division of Water Quality on September 26, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification No. 3492 (GC3492). This Certification allows you
to use General Permit Number 198200030 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 proceed with your project including (but not limited to) Erosion and Sediment Control and Non-discharge
regulations. Also, this approval to proceed with your proposed project or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 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.
Additional Conditions
1. The following impacts are hereby approved, as indicated in your application, as long as all of the other
specific and general conditions of this certification are met. No other impacts are approved, including
incidental impacts.
Bulkhead installation and backfill - 0.012 acres, in accordance with application.
NonethCarolina
J1?atumlly
North Carolina Division of Water Quality 225 Green Street- Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr.Brian Millhouse
September 27, 2006
Page 2
2. No Waste, Spoil, Solids, or Fill or any kind
No wastes, 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.
3. 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 water 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 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. 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.
Protective Fencing - The outside buffer, wetland, or water boundary, and along the construction
corridor within the boundaries approved by this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B. 0233 and GC 3404.
6. 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 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. 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.
Mr. Brian Millhouse
September 27, 2006
Page 3
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, NC 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 contact Ken Averitte of the Fayetteville Regional Office at [phone].
Sincerely,
J. *04?
Alan W. Klimek, P.E.
i
AWK/ka
Enclosures: CG 3492
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
DLR, FRO
Central Files
Cyndi Karoly, 401/Wetlands Unit
Ian McMillan, 401/Wetlands Unit
DWQ, FRO
Brian.mi 11house.061550.mont.doc
W A TF,9pG
r
01? ?c
September 27, 2006
OCT 2 2006
Mr. Brian Millhouse
330 Cambria Road
Charlotte, NC 28210
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE., Director
Division of Water Quality
DWQ Project #06-1550
Montgomery County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Millhouse Property, 221 Windemere Point (Lot 20)
Lake Tillery (030708, 13-(1), WS IV, B, CA)
Dear Mr. Millhouse:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.012 acres of open water (Lake Tillery) below the normal pool lake level for the purpose of
replacing an existing seawall as described in your application dated September 25, 2006, and received by the
Division of Water Quality on September 26, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification No. 3492 (GC3492). This Certification allows you
to use General Permit Number 198200030 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 proceed with your project including (but not limited to) Erosion and Sediment Control and Non-discharge
regulations. Also, this approval to proceed with your proposed project or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 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.
Additional Conditions
1. The following impacts are hereby approved, as indicated in your application, as long as all of the other
specific and general conditions of this certification are met. No other impacts are approved, including
incidental impacts.
Bulkhead installation and backfill - 0.012 acres, in accordance with application.
No'thCarolina
?aturall?
North Carolina Division of Water Quality 225 Green Street- Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
0
Mr.Brian Millhouse
September 27, 2006
Page 2
2. No Waste, Spoil, Solids, or Fill or any kind
No wastes, 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.
3. 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 water 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 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. 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. Protective Fencing - The outside buffer, wetland, or water boundary, and along the construction
corridor within the boundaries approved by this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B. 0233 and GC 3404.
6. 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 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. 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.
Mr. Brian Millhouse
September 27, 2006
Page 3
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, NC 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 contact Ken Averitte of the Fayetteville Regional Office at [phone].
Sincerely,
J. `kaw?
Alan W. Klimek, P.E.
AWK/ka
Enclosures: CG 3492
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
DLR, FRO
Central Files
Cyndi Karoly, 401/Wetlands Unit
Ian McMillan, 401/Wetlands Unit
DWQ, FRO
Brian.mi 11house.061550. mont.doc
Triage Check List
Date: 9/26/06
Ken Averitte, Fayetteville Regional Office
To
60-day Processing Time: 9/26/06 to 11/25/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
County:
Montgomery
? 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
1-1
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!
Project Name: Brian Millhouse
DWQ #:06-1550

ROWBOAT
Dock & Dredge
858 Williamson Road
Mooresville, NC 28117
[phone] [phone] (FAX)
%,vww.rowboatcompany.com
August 24, 2006
Montgomery County
US Army Corps of Engineers
P O Box 1890
Wilmington, NC 28402-1890
,% RE: Lake Tillery
Gentlemen:

20061550
Our firm is processing this application on behalf of Mr. Brian Millhouse to stabilize
approximately 175 linear feet of shoreline by installing Keystone Block (221 Windemere Point,
Mt Gilead, NC 27306) on Lake Tillery, Montgomery County, North Carolina.
A copy of the Progress Energy Company application, pertinent drawings and a location map are
enclosed for your use.
To access the project: 1-85 North via Exit 13A towards Greensboro. Merge onto 1-485 S via Exit
48 toward US-29. Take Albemarle RoadWC-241NC-27 Exit 41. Turn 1e%t onto Albemarle
Road/NC-27E. Continue to follow NC-24127E. Turn slight right onto NC-24127173E Main
Street. Continue to follow NC-24127173 thru Albemarle (crossover Pee Dee) slight right on NC-
73 to Windemere Point right.
We look forward to hearing from you at the earliest time possible.
Sincerely,
T E ROWBOAT COMPANY, INC.
lc-?
Gayl n eyer
Sales Department
D ?L51! V 15
cc: NCDWQ (5 co ies) 1.
P
SHPO SEP 2 0 2006
NC Wildlife Resources Commission
Office Use Only: Form Version March 05
20061 550
USACE Action ID No. DWQ No.
(if any particular item is not applicable to tins project, please enter 1NOL HppnGauIG u1 1-4r, .1
I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit [f 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: I q2 DO D 3 D
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 here: ?
H. Applicant Information 19@WV91
1. Owner/Applicant Information
2006
2 6 Name: ian
Mailing Address: 330 Cmblia, C?nrI?P ?(?[? 2$2lb DENR WATERATERaRaNCH
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must ched if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address: =
Telephone Num
E-mail Addrts-'s-
Fax Number:
Page 5 of 12
111. Project Information
5
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 1 l 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: erl'an d (,(,djzru9Q,
T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
Won County: Nea est Town:
Subdivision name (include hase/lot number): i n #20
Directions to site (include road numbers/names, landmarks, etc.): 2e
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): 5,2Z atMlyd.°N
6. Property size (acres):D • 3J7 Og-MS
7. Name of nearest receiving body of water:
8. River Basin: P,9'e- DOV ?tVe"11,
attach a sheet that
ow
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at
9. Describe the existing conditions,on the site, and general land use in the vicinity of the project
at the time of this application: Y'GS 1c46
Page 6 of 12
10. Describe the ov^erall project in detail, including the type of equipment to be used:D?i?,
11. Explain the purpose of the proposed work:_r,e,??1,vr°
J
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. ?a-
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and pMa-
.Proposed Impacts to Waters of the United States/Waters of the State
V1. He justification for the exclusion of this work from the current application.
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: 84Q.
Page 7 of 12
?. Individually list wetland impacts. "Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
I00-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
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
d. 1

Total Open Water Impact (acres)
Page 8 of 12
6. List t
he cumulative impact to all Waters of the U.>. resulting from ine project
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.01
Total Stream Impact (linear feet): 1,115
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes [JNo
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.
Pond Creation YlAO,
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) yL? q_
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII. Mitigation V4a--
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE: - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for 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
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.
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 if use of the NCEEP is proposed, please
1 1. 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): Q
Amount of Riparian wetland mitigation requested (acres): nda
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
ix.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land'? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 7 3-5083 to review current thresholds for environmental documentation.
Yes El 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 ?
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.
I. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 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- ria )? Yes ? 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.
Zone* Impact Multiplier Required
(square feet) Mitigation
2
Total
• Zone I extends out 30 feet perpendict
additional 20 feet from the edge of Zone I.
3 (2 for Catawba)
1.5
the top of the near bank of channel; "Lone 2 extends an
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 Il appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. a
Page 1 1 of 12
XL 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%, please provide calculations
demonstrating total proposed impervious level. )J , Q
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 available capacity of the subject facility.
vd,n-- --- -
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-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 addit' al
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
. 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, accgssibilitl, roblems, or other issyes outside of the applicant's control).
nrA,,1 Pu(p)in --IbY I,?? I (1uir hoir?nfl 125 -(iIV l?P©?
/6 /,q ?- -- q- 26_0& -
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
o,o!l ?u: N.G. 0,paf ni,.nt of Cultar.ll t ces
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
APPLICATION FOR APPROVAL FORM FOR SOIL DISTURBANCE ON
PROGRESS ENERGY'S PROJECT LAND - LAKE TILLERY
1. Date of Application 6 - 2! -C6
II. Application Information (please print)
APPLICANT NAME(S)

PERMANENT MAILING ADDRESS 3
CITY STATE ZIP 2,82, 10
TELEPHONE (h) 7 TELEPHONE (w) rt7 p
FAX NUMBER (optional) E-MAIL ADDRESS (optional)
111. Property Information Iplease print)
PROPERTY ADDRESS
CITY ?- STATE ZIP 27
TELEPHONE (LAKE) q04 2 COUNTY
'L

SUBDIVISION ?i N t
LOT #E(S) Q 7 -
PLAT BOOK AND AGE #
TOWNSHIP COUNTY
_T- jj it)
DETAILED DIRECTIONS TO PROPERTY !
Z' via
of U,
S- 2q
C n e-4 27 W 1 k - ?f o
-2 NC- z'1 j5 . o 217
E'. urn D ?'
2 27?C-'13E WA -2 &111.3 An&

USGS TOPOGRAPHIC QUADRANGLE AP (check applicable map below)
? Badin, NC ? Morrow Mountain, NC Mount Gilead West, NC ? Albemarle, NC
Note: USGS topographic quadrangle maps may be obtained from Natural Resources and Conservation Service
Montgomery County Stanly County
227 N. Main Street 26032-C Newt Road
Troy, NC 27371 Albemarle, NC 28001
1.910.572.2700 1.704.982.6811
Isl. Checklist of Enclosures
I? .1PF!_11'lfli,'I FhH AHMM t i?Z 5 ?1. Li H[% 1'a _-
? COPY OF QUADRANGLE MAP CLEARLY INDICATING 111E AFFECIED ARE4
--1 COPY OF PROPERTY MAP CLEARL'f INDICATING THE FOLLOWING ITEMS:
• Lot leased by lessee
• Progress Energy land between the lot and shoreline
• Water area associated with the lot
• Allocation lines that determine facilities locations and dredging area
• Dimensions of area to be dredged
• Amount of dredged material to be removed
• Description of desired facilities (walkways, piers, boathouses, deck areas [over water only], seawalls)
• Dimensions of desired facilities (walkways, piers, boathouses, deck areas [over water only], seawalls)
• Existing square footage (water area covered) of water dependent structures
• Proposed square footage (water area covered) of new water dependent structures
• Maximum distance facilities will extend horizontally into Lake Tillery and cove widths where appropriate
? PLAN FOR DISPOSAL OF DREDGED MATERIAL- applicant must attach a written description of their plans for disposing of dredged
material. No dredged material may be disposed of within the FERC project boundary, or on property owned or managed by
Progress Energy.
? RESOURCE IMPACTS ASSESSMENT - applicant must attach a brief written description of the potential impacts of the proposed
soil disturbance on surrounding reservoir resources, including impacts to water quality and fish habitat. If there is any
vegetation growing in or around the area of proposed soil disturbance, it should be noted and the areas of vegetation should
be photographed, and included with the application.
? SCHEDULE FOR CONDUCTING THE PROPOSED SOIL DISTURBANCE - applicant must attach a written schedule for completing the
proposed soil disturbance.
? AGENCY APPROVALS - applicant must attach copies of written concurrence with the proposed soil disturbance from the following
agencies (refer to instructions - for Application for Approval Form for Soil Disturbance on project land):
• U. S. Army Corps of Engineers (seawalls and dredging)
• North Carolina Division of Water Quality (seawalls and dredging)
V. Applicant Signature(s)
I hereby apply for an approval form to perform the above - described soil disturbance at Lake Tillery, I agree to abide by all
applicable requirements of Progress Energy's Shoreline Management Plan, the conditions of the Application for Approval Form
for Soil Disturbance on project land (walkways, piers, boathouses, deck areas [over water only], seawalls and dredging), the
Guidelines for the Use of Leased Properties at Lake Tillery and other Progress Energy procedures and requirements. I also
agree that no work will begin until I receive an Approval Form signed by Progress Energy.
/1" DATE
APPLICANT SIGNATURE
DATE
APPLICANT SIGNATURE
Progress Energy
L ikr3 Nlaiwgement
C%o Bilsllless ServiweS
Progress Energy
P.O. Box 1551, FEB 3A
Raleigh, NC 27602
FAF Paid ----_-_-
FAF expiration
APPLICATION FOR CONSTRUCTING FACILITIES ON
PROGRESS ENERGY'S PROPERTY - LAKE TILLERY
Failure to complete all items will result in a delay of your application being reviewed and approved.
1. Date of Application - j - 0C,0 LEASE t L00.0 4 6
II. Application Information (please print)
LESSEE'S NAME(S)

BILLING ADDRESS 3300
(201y, r
_
CITY 1 44 P 2Ib

TELEPHONE (h) p - rjC&2- 0
O &07-rv
255
FAX NUMBER (optional) E-MAIL ADDRESS
III. Property Information (please print)
PROPERTY ADDRESS 2 2 (Af l viJkalex.? I r1T
1
CITY (? ?• LQd STATEN ZIP VI SO&
SUBDIVISION VUt • L LOT MS) ZO PLAT BOOK AND PAGE M
TELEPHONE (LAKE)
n0 !o0'j- X255
COUNTY
n } pt11PsV'?
Designation of shoreline area where soil disturbance is to take place as shown on Progress Energy's
Shoreline Management Plan isee Guidelines for the Use of Leased Properties at Lake Tillery, Attachment B, for d ignation)
(3 AGRICULTURAL ? COMMERCIAL ? ENVIRONMENTAL NATURAL AREA ? IMPACT MINIMIZATION ZONE RESIDENTIAL
IV Proposed Activity (please print)
DOCK ? NEW ? MODIFICATION
SEAWALL/RIP RAP NEW ? MODIFICATION
BOATHOUSE ? NEW ? MODIFICATION
DECK AREA ? NEW ? MODIFICATION
OTHER ? NEW ? MODIFICATION
PLEASE DESCRIBE OTHER

V. r 0)ect mroi maUOtl _

?LIST ALL APPROVALS OR CERTIFICATIONS REQUIRED BY OfHEH FEDERAL, SLATE OR LOCAL AGENCIES FOR ANY STRUCTURES,
1'I
CONSTRUCTION, DREDGING OR OTHER ACTIVITIES DESCRIBED IN THIS APPLICATION
Issuing Agent Type Approval Identification No. Date of Application Date of Approval
- 5?rr>P 8 -2-110c,
M N 6

HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY
DESCRIBED HEREIN? ? YES ? NO
REMARKS OR ADDITIONAL INFORMATION (Attach additional sheet, if necessary)

I
DETAILED DIRECTIONS TO PROPERTY

VI. Specificati ns
FACILITY IS PROPOSED ? MODIFICATION TO EXISTING FACILITY a + v
DOCK/BOATHOUSE DIMENSIONS
Length (ft.) Width (ft.) Square footage
Length (ft.) Width (ft.) Square footage
Length (ft.) Width (ft.) Square footage
ROOF DIMENSIONS
Length (ft.) Width (ft.) Square footage
WALKWAY DIMENSIONS (OVER LAND AND WATER)
AREA OVER LAND Length (ft.) Width (ft.) Square footage
AREA OVER WATER Length (ft.) Width (ft.) Square footage
NUMBER OF SLIPS
SLIP DIMENSIONS (e.g., 8 ft. X 15 ft.)
1. 2.
3. 4.
TOTAL SQUARE FOOTAGE OF FACILITIES, INCLUDING ROOF OVERHANG, OVER WATER AND ANY AREA INCLUDING
UNCOVERED SLIPS:
DOCK BUILDER OR ENGINEER
Name E Alw
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221 Windemere Point
Mt Gilead, NC 27306
[phone]
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Brian Millhouse
221 Windemere Point
Mt Gilead, NC 27306
[phone]
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221 Windemere Point
Mt Gilead, NC 27306
[phone]
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Brian Millhouse
221 Windemere Point
Mt Gilead, NC 27306
[phone]

or,
Brian Millhouse
221 Windemere Point
Mt Gilead, NC 27306
[phone]

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221 Windemere Point
Mt Gilead, NC 27306
[phone]

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hq://www.myultimatemap.com/map.asp?SVal=13&TVal=2&East=364&North=2441 &Z... 8/21/2006
0'
? for Recreational Use Only
?l?rl? M" WNICI
ir
WA T4by Michael F. Easley, Governor
William G. Ross Jr., Secretary
C/) r North Carolina Department of Environment and Natural Resources
0 .? Alan W. Klimek, P.E. Director
Division of Water Quality
August 30, 2006
Montgomery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Rowboat Dock & Dredge
Attn: Gaylynn Meyer
858 Williamson Road
Mooresville, North Carolina 28117
Subject Property: Brian Millhouse: Lake Tillery Seawall
Incorrect Permit Application Submission
REQUEST FOR MORE INFORMATION
® RETURN OF APPLICATION PACKAGE
Dear Ms. Meyer:
On August 28, 2006, the Division of Water Quality (DWQ) received your application dated August 21,
2006 for the above referenced project. The DWQ has determined that your application was incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 21-1.0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. Please contact the U.S. Army
Corps of Engineers in the Regional Office to determine which permit you will need to
apply for to perform your proposed activity, and then resubmit your PCN application Water
Quality Certification listing this permit number under I Processing, Item 2., and checking the
boxes for "Section 404 Permit" and "401 Water Quality Certification" under I Processing,
Item 2 (page 5 of 12).
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Caro na
a A m?y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
M
Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
Incorrect permitting fee. Please see above item. Your check # for $ is
herein enclosed.
El A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
Application was missing pages or sections of information. See Other section below.
® OTHER: Enclosed is the correct DWQ permit application to complete and submit for work
performed at NC lake properties. DWQ requires one (1) original and four (4) copies along
with the applicable fee of $200.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
C??' /?
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd
Enclosures: Permit Application Package
Check # 13112 for $200
FERC/GP30 Permit Application
cc: Brian Millhouse, 3300 Cambria Road, Charlotte, NC 28210
USACE Wilmington Regulatory Field Office
File Copy + check copy
Central Files + check copy
Filename: BriaoMillhouse_LkTillerySeawall_[ncorrectPermit
Personal Account Information Redacted
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