20050257 Ver 1_Complete File_20050210

MEMORANDUM
TO: John Dorney Regional Contact: Alan Johnson
Non-Discharge Branch WQ Supervisor: Rex C,,IPa?nn
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Kerri Powell
Project Number 05 0257
Recvd From APP
Received Date 2/10/05 Recvd By Region
Project Type shoreline stabilization
Region Nlooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GI'30 Waters [5-Y _@N 1-- 11-(75) WSIV B CA 30,832. 0.01
Buffers O Y O N-F_-F_F- 30,802. 0.01
O Y O -NF-- F__ F_ F_ F_ F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y * N Did you request more info? Q Y N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y N
Is Mitigation required? O Y *N Recommendation:Q Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
County Lincoln
County2
Longitude (ddmmss)
Comments:
Staff visited the site on 3/01/05. Basic shoreline stabilization eject. Minor buffer impact.
Condition of 401 will require restoration and notification of MRO. Located in Sailview S/D.
issue by MRO
cc: Regional Office
Central Office Page Number 1
Facility Name Kerri Powell
Project Number 05 0257
Comments (continued from page 1):
County Lincoln
Regional Contact: Alan Johnson
Date:
cc: Regional Office
Central Office Page Number 2
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO
ABOVE ADDRESS.
L Applicant Information
F:
A. Name try-r-rr
5 ?"?' - C} p
B. Mailing Address 1 X-4 L.
C. Telephone: rJoy) teal Ybga
if. Location of Proposed Project
A. Lake Nv r^^"
B. Street Address Cj`'?,-t• ?f --LI 1 \ (2-c'
C. County Lt a• ?r -
D City town, community or landcn,
'Tt
MAR 2 8 2005
DENR - VJATER QUALITY
ANDS AND STOR)VAATER 6RANCH
E. Section Lot g k'?- Subdivision C F.
F. Directions to property by road It l'
L
G. Latitude and longitude for the project site r BO•I(a9? ?' ^ r ecad cm.
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 c :, te; . rit
www.mapsonus.cont. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/Long", click map)
III. Description of Project ,
A. Length of wall 1 3 s
B. Material . n '• eo
C. Distance from property' line/shoreline ?t
IV. Intended Use of Project Area
A. Private V/
B. Commercial /.
V. Applicant Si ;natu Date
11 C
PLEASE NOTE TIIE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: USARAIY CORPS OF ENGINEERS, 151 PATTONAVE. - R001I208,
,tSHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF IVATER QUALITY
ATTENTION. JOIINDORNEY
PARKVIE, JV BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
rr
J
of
(O P, 02.>h
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
1. Applicant Information
Owner/Applicaa tInformation
Name: rN ( .
Mailing Address: LAL X71 'r'
, '-, .11. ra n . K?
Telephone Number: ?rh?t Fax Number:
E-mail Address: Y--02? r -' Cl S?-? 1? i ?1 q (1
2. Agent Inforniation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: 1?ti'1-I
Company Affiliation:
Mailing Address: LA Zs
?-) I1 Lam?
Telephone Number: 519 Number:
E-mail Address: ry
it. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of

your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County :-Nearest Town:
Subdivision name or site address (include phase/lot number): <2, l vit_ L ` ) -73 .
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application: Lo"}-
3. Property size (acres):
4. Nearest body of water (stream/riverlsound/ocean/lake): 1 fps nor-nn','-`-,
5. Describe the purpose of the proposed work: S??a«1•?u Stc? ta,l;ta?=r,
6. List the type of equipment to be used to construct the project: ht j e- ? Lo+!?)
i.4CaV-L41F r
7. Amount of impact (including all excavation, backfill, rip rap, reta ining wall,
etc.) below the normal pool lake level in square feet or acres:- 3 V_ 1 3 S c Lf
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 hi
square feet or acres: 2' 34 % 3 5-1 b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):

Applicant/ Agent's Si natu c Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
2 70 0
.3'x 05'
_rdtr' I

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 Full Pond-elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
wails, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.

r

0
1

Z `CT J o j ? o p -, Q J -
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l 1
y C I? I
t Gr1
l r t .

fi o 0

'
?V
(a! Oil ?'! G .. 1 i Y(7 O J r

I VICINI'T'Y MAP I
(NOT TO SCALE)
r
?•°'? SITE
9
1
LAKE NORMAN
N 61' 35'24"E
25. 41'
04 PIN
PROPERTY MAY BE SUBJLCT TO RECORDED OR
UNRECORDED RIGHTS OF WAYS OR EASENICNTS
NOT CBSERVED
NOTE: CANER TO VERIFY ALL SETBACKS
B ZONING REGULATIONS PRICK TO ANY
PLANNING OR CONSTRUCTION.
I CERTIFY THIS PLAT W'AS CRAAN FRCN
AN ACTUAL SURVEY AND IS CCRRECT A`.D
TRUE TO THE BEST CF LY KNCALEDGE.'
DAVID EIIARLE] Y?CYE Y, PLS 3762
SAMVIE17
FIRST INFORSLMON: PB 9-400
CAM_ PANEL I1: 370146-0075C
EFFECT. DATE: 6-22-98
FFE: NSA
ZONE: X ..•llll!I!:I:!:/li/.?,`
CAJZ

SEAL -
1-3762
`=
Q
?h
g
?y J 4RLE

N

N 66' 07' 44' E ?-
11.78'
E „? ? IN
. A'L Z
?• 1 s
0?ff?,./ \ Qom.
D o
/ \m
?J
134 \
\ 0.653 AC.+- '•\
b
\ I-
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5
94 PIN
133
PHYSICAL SURVEY
FOR
IM L. PO J=I
L: vAf'e 1= L. P O V ITCLL
CATA1 BA SPR TTSP LINCOLN COUNTY
DEC. 27, 2004 SCALE:1"= 30'
RONNIE DEDMON SURVEYORS, P.A.
RONNIE DEDMON, PLS #1222
CHUCK POOVEY, PLS {#3762
ROBERT DEDHON, PLS #x3899
PHILLIP HARRIS, PLS ##4164
4837 NORTH HIGHWAY #16
P. 0. BOX 494 DENVER, N.C. 28037
[phone]
BEING LOT #¢134 OF SAILVIETi
PLAT BOOK H-417
DEED REF. 1508-122
a
O
coo
lV ?
a
0
CONCRETE DRIVE
ENCROACHES 0.00' X IN
' 91. 16' CONCRETE
94 PINS N 79'2220-E
OSPREY
RUN COURT
PUBLIC R/W
334 PIN
V?ZQ9.

135 CURVE RADIUS TANGENT LENGTH CHORD CH.BEARING
C-1 50.00' 19.03 36.46' 35.66' S 00'31' C2'W
SV134/CP
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y
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O?O? W AT FRQG
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LIV
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
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
March 2, 2005
DWQ# 05-0257
Lincoln 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 Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nC.Lls/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30' X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4
Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 40IMetlands Unit. 1_p
vo" Cro ma
VIMIrra,2
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet h2o.enrst3te.nc.us FAX [phone]
An Equal Opportunity/Affumativa Action Employer- 50% Recyded/10% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1508 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P. E.
AKlaj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
OW AT ?RpG
> ( mud", -I
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimck, P.E. Director
Division of Water Quality
March 2, 2005
DWQ# 05-0257
Lincoln County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 213 .0243) with Additional Conditions
Dear Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 26
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30'X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 26 .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
Noy` Caro na
atfir )
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.stato.naus FAX [phone]
An Equal Opportunity/Afrumative Action Employer- 50% Recyded/10% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P. E.
AKlaj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
?0 W AT Q
O G
O 1V{ ? a r

Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
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
March 2, 2005
DWQ# 05-0257
Lincoln 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 Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30' X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
ol1 na
None Carrral??
rIr
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet: h2o.enrstate.nc us FAX [phone]
An Equal Opportunity/ArumaGve Action Employer- 50% Rccyded110% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1508 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
l ,17
for Alan W. Klimek, P. E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
O?o?R?G
_ a
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
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
o $ 1p05
005 ?,D S.????F
v
March 2, 2005
DWQ# 05-0257
Lincoln County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 213 .0243) with Additional Conditions
Dear Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30'X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2u DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4.
Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
!vo"`
JJtna
a Cro,o)
- Vfllalr
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc us FAX [phone]
An Equal Opportunity/ANimiaGvo Action Employer- 50% Recyclal0% Posl Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1508 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
O?0 WAI ?
13
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
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
tr.
ql?3 Pq
MAR 2 g 2005
VOA d*@S 910 STO v' 6 iCH
March 2, 2005
DWQ# 05-0257
Lincoln 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 Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nC.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30'X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 26 .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4.
Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
Noy` Carolina
rfll,urao, f
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.cnr.stata.nc us FAX [phone]
An Equal OpportunitylAfr"umallve Action Employer- 50% Recycled110% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1508 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
O?O?; NNPJ AT ?9QG
o -c
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
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
1 March 2, 2005
DWQ# 05-0257
rr?NK `? ? ?00?
Lincoln County
DENR ;D STOFi}dQk' 3:Ga
vi?mios APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 213 .0243) with Additional Conditions
Dear Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30'X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit. _A
'na
1vol` Carrra?o?j
---- rti
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet h2o.enr.state.nc us FAX [phone]
An Equal Opportunity/Afluma6ve Action Employer- 50% Recyded110% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P. E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
?OF W AT SRO
?r
Q "C
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
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
OV
MPS o?????
t
March 2, 2005
DWQ# 05-0257
Lincoln 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 Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter, and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30'X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 Wetlands Unit.
N?" l'na
raturCaroal
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.ne.us FAX [phone]
An Equal Opportun4 Afruma ive Action Employer- 50% Rocydal0% Post Consumer Paper
Page 2
if you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
r
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198220Q030
Name ofpermittee: General Public
Effective Date: January _1_,..2005
Expiration Date: December 31 2010
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable water
waters of the United States, upon reco
10 of the Rivers and Harbors Act re March 3, 1899 s of the United States and
mmendation of f the e Chief of Engineers, pursuant to Section
Clean Water Act (33 U.S.C, ]344),
Of (33 U-S-C- is hereby renewed and mod403
of the Army by the modified by authority of the Secretary
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE,
LAKES AND RESERVOIRS OWNED, ' REPAIR AND
CONSTRUCTION ACTIVITIES IN
UTILITY COMPANIES OPERATED AND/OR
AND LINA. TENNESSEE VA REGULATED BY PUBLIC
STATE OF NORTH CARO
LLEY AUTHORITY (TVA) IN THE
These lakes and reservoirs were constructed and exist primarily
hydroelectric power and/or providing for the Supply. Y
public utility com They were constructed andsare generating
panies or under laws and regulations administered by the TVA
within these waters are the primary concern of, and should be operated by
general permit applies to all waters on or within ]ands owned or uulated by, these Activities
public utility companies and the TVA. nder flowage easemtent to his
Activities authorized are:
a• Construction of piers, floating boat docks, boat shelters, boat
and breakwater structures and installation of dolphins,
commonly acceptable materials such as houses, boat ramps, jetties
materials, and confined concrete. Pressure theatd ]unmbernunsinkabl sing
e flotation
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guard requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and outfall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. On natural waterways 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or structure further waterward than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks, and
"12' and "T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
2
f. Floating docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
m. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n. This general permit does not apply to structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q. This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
3
s. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterward on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterward of the normal pool elevation is not authorized.
aa. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
-------- - ------- ------- -------------- - ---------------
115 and below 20
138 22
161 24
230 26
350 30
500 35
700 42
750-765 45
4
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
6
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
httl2:Hwww.ncnhl2.org,/Pages/heritagedata.litml. Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
7

s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE
rles R. Al ander, Jr.
lonel, U.S. Army
District Engineer
8
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200531185 County: Lincoln USGS Quad: Lake Norman North
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Kerri Powell
Address: 4421 Augusta Rido,e Court
Denver, NC 28037
Telephone No.: 704489-8098
Size and location of property (water body, road name/number, town, etc.): The project site is located on
Osprey Run Court, lot #134 in Sailview subdivision, near Denver, Lincoln County, North Carolina.
Description of projects area and activity: This permit authorizes install approximately 135 linear feet
of riprapl at the mean high pool elevation (760' contour) of Lake Norman to prevent shoreline
erosion .
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Regional General conditions, and your submitted plans. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Debbie Miller at 828-271-7980.
Corps Regulatory Official Debbie Miller Date: February 14, 2005
Expiration Date of Verification: December 31, 2010
-2-
Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination: Lake Norman>Catawba River.
Corps Regulatory Official: Debbie Miller
Date February 14, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Duke Power
?0? WA
0 T ?9pG
c/3 -7
r
C.) ?Z
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
119D
o ???o2005
w0 15
GN
oclo,p,iF 01
pgtk - a SSA
Alan W. Klimek, P.E. Director
Division of Water Quality
March 2, 2005
DWQ# 05-0257
Lincoln 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 Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30' X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6) tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 26 .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 Wetlands Unit. One
No hCarolma
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirmaGve Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
AT ?RQG
(DW. .,
o -_ -c
Rlichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimck, P.E. Director
Division of Water Quality
March 2, 2005
DWQ# 05-0257
Lincoln County
Ms. Kerri Powell
4421 Augusta Ridge Ct.
Denver, NC 28037
Subject: Lot 134, Osprey Run Court
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Ms. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.005 acre of riparian buffer for the purpose of
stabilizing approximately 135 linear feet of shoreline on Lake Norman, as described in your application
received on February 10, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The area cleared (30'X 30') along the shoreline shall be restored (immediately) once installation of the rip rap
is completed. Fifteen two inch (2" DBH) caliper trees, six feet (6') tall trees shall be planted and the area
mulched. The Mooresville Regional Office shall be notified in writing once the restoration is complete.
2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)).
3. No additional impact to the buffer shall occur, including the removal of trees.
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit. one
NorthCarolina
Atialarally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
Triage Check Dist
Date: 2/11/05 Project Name: Kerri Powell
DWQ#: 05-0257
County: Lincoln
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 2/10/05 to 4/10/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your 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
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!
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO
ABOVE ADDRESS.
L Applicant Information
A. Name ; a,?.rc G ? ?b3
B. Mailing Address `t Z t A., U S
C. Telephone: 104) k $1- 4bq 2
II. Location of Proposed Project
A. Lake tJo rrv.a. •? rtl ' ?l
B. Street Address Q)
C. County L11r)a.lr, B 0 2005
D. City, town, community or landm" z. vc?
E. Section Lot # Subdivision C..>1 we ej
F. Directions to property by road ?.
G. Latitude and longitude for the project site
H. Please submit a snap 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 o :rater.:
www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/Long % click map)
II[. Description of Project ,
A. Length of wall 1 3 S
B. Material i 0
C. Distance from property line/shoreline ^vt
IV. Intended Use of Project Area
A. Private ?/
B. Commercial
V. Applicant Signatur? Date
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, ISI PATTONAVE. - R00,11208,
ASIIEVILLE, 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 IViITER QUALITY
ATTENTION. JOIINDORNEY
PARKVIEIV BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
10 16 (12s,h
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
I. Applicant information
1. Owner/Applicant Information
Name: -? r ? ?-
?.
Mailing Address: '
Telephone Number: <= Fax Number: -- LkG ?-
E-mail Address:`' tTGO' cl?-?` -Q
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: 1?QptJ?
Company Affiliation:
Mailing Address:
" ?J Fax Number:
Telephone Number: C%?-? ? ?23
E-mail Address:
IL Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of

I VICINITY MAP
(-0T TO Ec,LL:?
SITE
t
? i
LAKE NORMAN
N 6 1' 35' 24'E
25.4V /
04 PIN
PRCFCRTY 6'.4Y BE SU3.ECT TO PECCRCED CR
UNRECORCED RIGHTS CF RAYS Cl EASE!i-ITS
NOT OBSERVED
NOTE: 0',!"IR TO VERIFY ALL SETBACKS
9 ZONING REGULATIONS PRICR TO ANY
PLAMNINO 09 CCNSTRUCTICN.
I CERTIFY THIS PLAT N'AS CR4,V FROM ,y
AN ACTUAL SURVEY ANO IS CCFP.ECT AYO
TRtE TO TAE BEST CF A-f'IYY=I`1 r7D-.'Lr,r,E,•
CA' C ?IP?.:EY, PLS 3762
SA.ILVIE 7
FIR°-i WFOMSATION: PB 9-400
COta,L PANEL h: 370!46-007"C
EFFECT. DATE: 6-22-98
FFE: NSA
ZONE, X
`N
-.
:EAL ?1
J
a ?? L-3782 e/ ' ?_

94 PIN
133
PHYSIC:'1L SURVEY
FOR
, yn V 11 %'T i .4;.
T, FO-ME-11,
CATAITt3A SPF. ? tTSP LR;COLlN COUNTY
DEC. 27, 2004 SCALE:1"= 30'
RONNIE DEDMOt! SURVEYORS, P.A.
RONNIE DEDIf ON, PLS -1222
CHUCK POOVEY, PLS -3762
ROBERT DEDHON, PLS -3899
PHILLIP HARRIS, PLS 714164
4-837 NORTH HIGIirIAY T' 16
P. 0. BOX 494 DENVER, N.C. 28037
[phone]
DEMG LOT 1/134 OF SIULVIE7
PLAT BOOK H-417
DEED REF-1503-122
CCtiCFE'£ CR IVE /
ENCRC1.EFi_S 0.20' X IN
COV:sE?E
,n 20.E 9??1J1
94 PI!!
OSPREY
RUN COURT
PU_% IC R.w
94 PIN

135 CURVE RADIUS TANGENT LENGTH CHMD CH.BEARINO
C-1 50.00' 19.03' 36. 46' 35. 66' S 00' 31' 02' W
SV134/CP
N E 5' 07' 44' E
11.73'
R4 'IN
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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.
1. Location
County. Nearest Town:
Subdivision name or site address (include phase/lot number): vi-e-) L,a4
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application: \ in atiN')" Lo r
3. Property size (acres):
4. Nearest body of water (stream/river/sound/oceanflake): 1.'J. MQI rM IG-' fN
5. Describe the purpose of the proposed work:
G. List the type of equipment to be used to construct the project:,, r
iA LaI.,. -k r, .
7. Amount of impact (including all excavation, backfill, rip rap, retaining 3??, r ??
etc.) below the normal pool lake level in square feet or acres:
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: 2' V, I 3 5" . 27 0
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): d J

Applicant/ gent's Signatu e Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
"'C 115'., G vs-l
31
ILZ? 2` u 1 -35"
Please approximately sketch the following information on this plan
(please provide dimensions for each Item, such as 10 It x 100 ft):
1) All proposed vegetation clearing (provide dimensions).
2) Location of rip rap or fill to be placed above the Full Pond-elevation
S) Location of rip rap or fill to be placed below the Full Pond 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 Full Pond
elevation.
6) Location of construction access corridors.
2 ?o Vj