20041191 Ver 1_Complete File_20040712 (2)

O?0F W ATFROG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Alan W. Klimck, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20041191
Mecklenburg County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Jeff Martin
21636 Rio Oro Drive
Cornelius, NC 28301
Subject Property: Lot # 52 on Lake Norman
NOTICE OF WITHDRAWL
Dear Mr. Martin:
On July 12, 2004, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on July 27, 2004 discussing concerns that we have
regarding the design of the project and stating that it would be placed on hold for three weeks giving
you time to address DWQ's concerns. As of today, DWQ has not received a response to this request.
Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier
concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our July 27, 2004 letter for the missing information), you will need to reapply
for DWQ approval. This includes submitting a complete application package with the appropriate
fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-7154631 if you have any
questions or concerns.
Sincerely,
f II ? N f?
? i I?
yn"i ?ly, Supe isor
?1 v sight/Express Review ermitting Unit
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Rowboat Dock and Dredge, 858 Williamson Road, Mooresville, NC 28117
Frlename: S:\2005 Correspondence\04-1191 Jeff Martin (heck) Withdrawal.doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27603
Phone: [phone] / FAX [phone] / Internet: hito://h2o.enr.state.ne.us/ncwetlancis
No` Crolina
?timally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/1017o Post Consumer Paper
F W ATF
9QG
p?p Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources

Q Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20041191
Mecklenburg County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Jeff Martin
21636 Rio Oro Drive
Cornelius, NC 28301
Subject Property: Lot # 52 on Lake Norman
NOTICE OF WITHDRAWL
Dear Mr. Martin:
On July 12, 2004, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on July 27, 2004 discussing concerns that we have
regarding the design of the project and stating that it would be placed on hold for three weeks giving
you time to address DWQ's concerns. As of today, DWQ has not received a response to this request.
Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier
concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our July 27, 2004 letter for the missing information), you will need to reapply
for DWQ approval. This includes submitting a complete application package with the appropriate
fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
Sincerely,
I
;view ermitting Unit
cc
Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Rowboat Dock and Dredge, 858 Williamson Road, Mooresville, NC 28117
Filename: S:\2005 Correspondence\04-1191 Jeff Martin (Meek) Withdrawal.doc
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.st ite.nc.us/ncwetlands
Nom` Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50`70 Recycled/10% Post Consumer Paper
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
July 27, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Jeff Martin
21636 Rio Oro Drive
Cornelius, NC 28031
Subject Property: Lake Norman, Lot# 52
REQUEST FOR MORE INFORMATION
Dear Mr. Martin:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1191
Mecklenburg County
On July 12, 2004, the Division of Water Quality (DWQ) received your information dated July 8, 2004 to
impact 0.082 acres of wetlands/waters to excavate material from Lake Norman. 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 the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H.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:
1. Water Quality Certification
You have proposed impacts to streams, but have not stated which 404 Permit or 401 Water Quality
Certification you intend to use to impact these streams. Please state which permit and certification
you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to
determine which permit they will allow you to use. Please state which Permit (Nationwide,
Regional or General) number you intend to use.
2. Application/Fee
a. Please fill out the application from used by DWQ and the Corps for this work. A copy of the
PCN form is attached.
b. Please provide the required application fee of $200. A check may be written to the Division
of Water Quality.
401 Wetlands Certfication Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enr.state.nc.us/ncwetiands Aaturallff
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/101% Post Consumer Paper
Jeff Martin
Page 2 of 2
July 27, 2004
Please provide 7 copies of the application and seven copies of the site plans and other
supporting information.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Alan Johnson of the DWQ Mooresville Regional Office. 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 Cyndi Karoly or Mr. John Dorney at 919-733-1786 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
John Dorney,
DWQ, Wetlands / 401 Unit
JRD/bs

Enclosures: PCN Application
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Rowboat Dock and Dredge, 858 Williamson Road, Mooresville, NC 28117
Filename: 04-1191 Jeff Martin (Meek) On Hold
_` A
r
MCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Division of Water Quality
July 27, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Jeff Martin
21636 Rio Oro Drive
Cornelius, NC 28031
Subject Property: Lake Norman, Lot# 52
REQUEST FOR MORE INFORMATION
Dear Mr. Martin:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1191
Mecklenburg County
On July 12, 2004, the Division of Water Quality (DWQ) received your information dated July 8, 2004 to
impact 0.082 acres of wetlands/waters to excavate material from Lake Norman. 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 the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H.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:
1. Water Quality Certification
You have proposed impacts to streams, but have not stated which 404 Permit or 401 Water Quality
Certification you intend to use to impact these streams. Please state which permit and certification
you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to
determine which permit they will allow you to use. Please state which Permit (Nationwide,
Regional or General) number you intend to use.
2. Application/Fee
a. Please fill out the application from used by DWQ and the Corps for this work. A copy of the
PCN form is attached.
b. Please provide the required application fee of $200. A check may be written to the Division
of Water Quality.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone]/ Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50016 Recycled/100% Post Consumer Paper
NorthCarolina
;Vaturally
Jeff Martin
Page 2 of 2
July 27, 2004
Please provide 7 copies of the application and seven copies of the site plans and other
supporting information.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Alan Johnson of the DWQ Mooresville Regional Office. 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 Cyndi Karoly or Mr. John Dorney at 919-733-1786 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
?? John Domey,
DWQ, Wetlands / 401 Unit
JRD/bs
Enclosures: PCN Application
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Rowboat Dock and Dredge, 858 Williamson Road, Mooresville, NC 28117
Filename: 04-1191 Jeff Martin (heck) On Hold
93 i

nv_

Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by.'Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certification.,, This form is also to be used for any
project requiring approval under any Riparian Buffer Rules imlemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is.available online at
http://www. saw.usace. army.mil/wetlands/Perm_app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.ariny.mil/wetlands/regtour.htm, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the 'USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
-jhttp://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator. (listed by county on,page 4 of'this application) prior to submittal of the application.
Page 1 of 12
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Reg?bnal or General. permits. To review. the
minimum amount of information that must be provided for a complete PCN for each' USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.anny.mil/wetlands/nwpfinalFedReg_pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which' case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green . Pamlico Wayne
Telephone: [phone] Chowan Hertford \ \ ,Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
3855 Idlewild Road .
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
Alleghany
Ashe
Avery
Burke
Buncombe
Cherokee
Clay
Graham
Haywood
Caldwell
Mitchell
Stokes
Surry
Henderson
Jackson
Macon
Madison
McDowell
Watauga
Wilkes
Polk
Rutherford
Swain
Transylvania
Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.
Page 4 of 12
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version May 2002
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NGWRP prior to submittal of PCN), 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
1. Owner/Applicant Information
Name:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of proj
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): \ .
4. Location
County: Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately- lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):,
7. Nearest body of water (stream/river/sound/ocean/lake):
8. River Basin:
(Note - this must be one of North. Carolina's seventeen designated major river basins. The
River Basin map is available at httl2://h2o.enr.state.nc.us/admin/maDs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed work:
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,
,previously approved wetland, stream and
certifications or other useful information. Describe'
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. , The applicant must also
provide justification for these impacts in Section VII below. All. proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 7 of 12
1. Provide a written description of the proposed impacts:
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available througk the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested. wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please s cify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni,
www.mapquest.cotn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
)
Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to.provide
information related to site constraints such as topography, building ordinances, accessibility, and'
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
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 (acreagellinear 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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No ?
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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the',project: The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be-shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular trom near banK 01 channel; Lone Z extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
XH. 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.
XHL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
HOWBOA7
Dock & Dredge
THE ROWBOAT COMPANY, INC.
Jul' S. 2004
US Arnie Corps of En-inecrs
Regulatory Office
151 208 Ave.
WETLANDS 1401 GROUP
Room 2o;t
Asheville. NC 28801
RE: Lake Norman
WATER QUALITY SECTION
To Whorl It May Concern:
Our firm is processing this application on behalf of Mr. Jeff.1lnrtin to remove approximately 165
cubic yards of material from Lake Norman. Mecklenburg County. North Carolina (21636 Rio
Oro Drive, Corirelius, AV 28031) on Lake Norman, Mecklenburg County. North Carolina.
A copy of the Duke Po\\cr Company application. pertinent drawings and a location neap are
enclosed for your use.
To access the proiect, proceed north on 1-77 North to Exit 28 (toward Lake Normall/Conielius)
turn right onto Cata\\ba Ave. Cata\\ba Aycuuc to Torrence Chapel Road. turn left. To?TCncc
Chapel Road to Entrada Drive. turn left. Entrada Drivc to Rio Oro Drive. turn left. Rio Oro
Drive to Alto Terra Drive. turn left and back onto Rio Oro Drive. tuns right.
We look forward to hearing front }ou at the earliest tinge possible.
Sincerely.
THE ROWBOAT COMPANY. INC.
Ciaviynn Meyer
Sales Department
cc: NCDENR Land Qualitv
NCDENR Water Quality
NC: A\'ildlifc RCSOUrccs Commission (Ron Luinillc)
NCSHPO
Mccklcnburg COLInty Fm lronnlcntal Protectloll
858 Williamson Road • Mooresville, NC 28117 • 704-663-3478 • FAX [phone]
www.rowboatcompany.com • email: rowboatncaaol.com
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
FOR DUKE POWER USE ONLY
Duke File No.
Application Fee $ Security Deposit $ _
Check Il Date Rccv'd Initials
Date of Duke Power Lake Management, applicant and/or contractor on-site inspections Date Initials
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By * :
Date Completion Required
Date Passed Closeout Inspection*
(Prin()
Date of Any Approved Extension
Initials
Initials _
Date.
(Sign)
Initials
Any Stop Work Orders or SMG Violations*7 (check one) ?Yes ?No (If Yes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updatcd Initials
" Forward copy of approved application (all pages, plus any attachments that Duke Power changed) back to
applicant with Approval Letter and highlight any chanties. File copies of Approval and Close-out Checklists and any
Stop Work Orders with application.
PART I - APPLICANTINFrORAIATI'ON (Please Print)
Name ?,1 L? ?-t' I Y ?L2 y 7111
Lake Address ..163 L, A; I> bird ?r eve
N>'iaiu? ,LL 2803
Telephone ('YD?) q$1 • ?jt/t?
Mailing Address (If different)
Contractor Company ?r2tobtat ,2c k YLC?
Contractor Contact Person-
Telephone
(78?-) G'?3' 3`t7
LAKE LOT NFORMATION /? n
Lake County lt' a ( City ozell d u 5 State ?Jl_ Tax Map No.
Grid Section Subdivision
Lot No. 6?' Lot Size I W r Acres
Section or Phase No.
Do not continue the application until an on-site inspection has been conducted between a Duke Power Lake
Management Representative (DPLAIR) and the applicant and/or the excavation contractor. NOTE. Initializing this
portion (!f the application by a DPL31R in no wap constitutes approval or eminent approval q f the excavation or any
other lake use pernduin, actisitj.
GpalU.al cmgmt\linppm\Excavation`dszappCm6.30.03.doc Page 1 REV: 6/30/03
Efrcctive Date: 11/15/93
DUKE POWER EXCAVATION PERMIT APPLICATION FORINT
Date of on-site inspectionJ_'/(CO? Initials (Dula Power)?(appticant/contractor)
I I
Are there any Co-Applicants*'? (check one) ?Yes ?No (If Fes, include names, addresses, phone nos., lot nos., lot sizes
in PART V -ADDITIONAL INFORIIIATION)
* Co-Applicants exist when the proposed work is being done wider a single application, will be performed by a single
contractor as one continuous project and is done to benefit multiple oNaaers / lease holders of project-front properties
within a single development. The check for the application filing fee and security deposit should be from the party shown
as Applicant and not several checks from the Applicant and Co-Applicants.
PART II - DESCRIPTION OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) dNe/w excavation ? Maintenance excavation
2. Purpose of excavation: (check one) dBoat Access Chan'1
? Other (specify)
3. Lake user category: (check one) ®Private ?CommereiaURes.
?Olhcr (specify)
4. Max. Excavation Area Dimensions (ft) Length Width Depth 7
5. Excavated material (TOTI L for the project) Cubic yards I_ 6L
6. T)Pe of material (applicant determines by.J? reld sample i(practical) 5T>LiU n ?= la q
?
7. Excavation Site area ,C')O,? Z Acre (s) Disposal Site area Acre (s)
S. Total Disturbed Area (including equipment staging area) . O &2-- Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one) laYes ?No
. 10. Do you claim title to the disposal area? (check one) 2'Yes ?No
. 11. Do you claim title to the equipment staging area? (check one) es ?No
• 12. Are there any water-treatment facilities witlun 50 feet of the proposed excavation area? (check one) ?Yes
(If Fes, specify)
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and
disposal area design)
Coal - bey -f7a-//ex-, Can;
• 14. Type(s) of excavation equipment to be used: f't c?? r1tl..t ?i _ L G?IV Cr We4QC" k 6&1C . ke? -j
15. Will waters or wetlands be crossed in
Ufyes, c:tplaiu) $P?l L5 iTA,rf;?,00
2<0
?Commcrcial/Non-Rcs. ?Public
? Water hntake Clian'1 ? Wastewater Disch. Chan'1
to of from the site? (check
dyes ?No
Gpal`I.a1:aa:i;iitt\I-inppniL•'xca),,ation\tix%-applna.30.03.doc Page 2 REV: 6130;'03
Ell?eti%e Date: 11115i9S
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
16. Will return water re-enter the reservoir? (check one) ?Yes C?'fio (If Yes, specify point(s) of re-entry and show on
Excavation Area Drawing)
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? O'Yes ? No
(If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed facility). Permit #
14J34., Ric
i?bF-N?'-bus t
• 18. Total planned duration of the work (Include first equipment t1lobilization tlnu final ntitigalion measures complete):
START Z_ / !,f y FINISH _7 / dl V
(Month) (Year) (,lfonth) (}ear)
19. Total planned duration of in-lake work (i.e. dredging and any otlier in-lake ground disturbance):
START 'Z / FINISH / Z/
(Month) (Year) (d onth) (Year)
Note: Notify Duke Power Lace Management at 1-800-443-5193 prior to commencing any excavation
work within the project boundary.
GpalUskcn:g rit\Lanppm!Exra%ationll;x%•appfrzi6.30.03.doc Page 3 REV: 6/30/03
Effective Date: 11/15/93
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DUKE POWER EXCAVATION PERMIT APPLICATION FORM
Identification Method (")
Protection/Avoidance Areas Approx.
(check all that apph) AcreaEe Field ID Work Ar
Dw
ID Avoid (A) or Mitigate mn
ea
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g. Buried gas, mater, sewer, communications
or electric lines (circle) JJ
? J,l r
h. Impact Minimization Zones as identified by
Duke Power
i. Other areas requiring specific avoidance,
protection or mitigation (specify)
r IP,

For "Field ID" coltunn, specify entity or person that performed the identification and how it was physically marked (e.g. Duke Power(John Doe)/Pink and purple-dotted
tape). For "Work Area DNNg ID" coltmui, show the symbol that is used on the drawings to identify the protection/avoidance area.
"" List and attach mitigation plans
Gpa11,akem;gmtlLmppm E%cacation.ENvappfm6.30.03.doc Page 5 REV: 6/3003
Eflective Date: 11/15/98
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
Applicant Name (print) J e- C ?
Applicant Signature* 2?L? L (l
1
Co-Applicant Name (print)
Co-Applicant Signature*_
Co-Applicant Name (print)
Co-Applicant Signature*_
Co-Applicant Name (print)
Co-Applicant Signature*_
Co-Applicant Name (print)
Co-Applicant Signature*
Lot # S
Date
Lot It
Date
Lot #
Date
Lot II
Date
Lot #
Date
*Per my signature, the information provided in this application is correct to the best of my knowledge.
BEFORE YOU MAIL THE APPLICATION TO DUKE POWER UXICE MANAGEMENT ENSURE YOU HAVE:
• CHECKED THE INFO THOROUGHLY
• MITT ALL REQMREMEN"I'S FOR A CONIPLE-M, APPLICATION (see cover letter of application package)
• INCLUDED A SINGLE CI IECK TO DUKE POWER FOR THE APPLICATION FILING FEE, AND SECURITY
DEPOSIT
• INCLUDED ALL AGENCY PEI MI'I'S OR C0111MENT LETTERS AND RESOLVED ALL ISSUES RAISED
• INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES), PERMIT # FOR EXISTING
FACILITIES, SURVEYS AND PLANS
• INCLUDED COPIES OF DEEDS AND AUITIORU.A'CION LE'FI7 RS
Gpal\La-kem?riU_anpp m` Excavationlli»•appfh16.30.03.doe Page 6 REV: 6/30;03
Effective Date: 11/15/98
C. APPLICANT SIGNATURE
POLARIS - Version 2.0
Parcel Owner3hlp Summary
Parcel ID#: 00129704 GIS ID#. 00129704
Owner Name: I.r,.l<E LIFES TYL`cS I_LC
Mailing 1-1314 C.11DDi.ETf- ORPE
Address: u
kil JTERSVILI_E, i.C 2i 07?
Property Characteristics
Legal Desc.: L 2 P.11, -«- :;:9
Land Area: 1
Fire District: 3= C'?iZN`=1 i''S
LLi,« r
Special FIRE: SEF,\ ICE s
District:
Account Type:
Municipality:
:,l
Property Use:
Deed Reference(s) and Sales Price
Situs Addresses Tied to This Parcel
21;3;;x' OR Df
Choose an address from the list above and
click on the links below for more
information
Where to Go Vote ! School Districts
Parks Within 3 Miles Get Directions
Links to More Information
Building Photo(s)
FEMA,_Zoning,-Etc-. Adjoining-Owners
Tax Values & Building Info. Tax Bill Info.

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Mecklenburg County, NC POLARIS
Mecklenburg County, North Carolina
POLARIS
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Date Printed: Thu May 13 13:11:50 EDT 2004
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MECKLEN RG COUNTY GIS _
This map is pared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetri aps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
Deo,
2D' Wide
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DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name:
Street Address (at lake): 2 (? ?? Y1 t p ((%rd ! J (?
Lake Name: ? V ?rM(I f)
Subdivision Name:
Property Section:
City: EI" 1L .L.;
State:
Telephone: Lqbtl) &&L 341S
Directions (from major road or highway):
1-77 North to Exit 28 (toward Lake Norman/Cornelius) turn right onto Catawba Ave.
Proceed on Catawba Avenue to Torrence Chapel [toad, turn Iefl. Proceed on Torrence
Chapel Road to Entrada Drive, turn left. Proceed on Entrada Drive to Rio Oro Drive
turn left, to Alto Terra Drive, turn left and back onto Rio Oro Drive, turn right.
Descriptive Structure on Property (i.e. brick garage, white fence, mobile home, etc.):
*Note: Please use the back of this form, if desired to draw us a map to the site.
Lot #: 52,
County: CC, f
t -J
Zip: 2 $1)31
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
(iP,1ULAkE\1G?1Til_11P1'?l plRf:CIIONS.DOC Ef ecmeUate II 15.93
MapQuest: Driving Directions: North America

Start: 858 Williamson Rd
Mooresville, NC
28117-8597 US
End: 21636 Rio Oro Dr
Cornelius, NC
28031-6726 US
Distance: 6.86 miles

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? CLICK HERE FOR GREAT SAVINGS!
Total Estimated Time: 12 minutes
Directions
................................................................................................................................................................ Distance
.......................................
= 1. Start out going Southeast on US-21. <0.1 miles
....................
2. ............................................................................................................................................
Merge onto I-77 S. .......................................
4.7 miles
...................
....................
3' ............................................................................................................................................
Take the CATAWBA AVE exit- exit number 28- toward LAKE ....................
0.2 miles
NORMAN/CORNELIUS.
.................................................................................................................
..
..
.
.......................................
....................
O 4. ...................
.
.
.
Turn RIGHT onto W CATAWBA AVE. <0.1 miles
...................
O S. ............................................................................................................................................
Turn RIGHT onto TORRENCE CHAPEL RD. .......... ...........
1.3 miles
....................
O 6. ............................................................................................................................................
Turn LEFT onto ENTRADA DR. .......................................
<0.1 miles
....................
O 7. ............................................................................................................................................
Turn LEFT onto RIO ORO DR. .......................................
<0.1 miles
...................
O S. ............................................................................................................................................
Turn LEFT onto ALTO TERRA DR.
............... ......................
. .................. ..................
0.1 miles
................
..? ............
4: 9. .
..............................................
Turn RIGHT onto RIO ORO DR. <0.1 miles
[_? L-j End at 21636 Rio Oro Dr, Cornelius, NC 28031-6726 US
Page 1 of 3
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End:
21636 Rio Oro Or
Comelius, NC
28031-6726 US
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....................................................................
These directions are informational only. No
representation is made or warranty given as to their
content, road conditions or route usability or
Page 2 of 3
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21636 Rio Oro Dr
Cornelius NC
28031-6726 US
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Print Map
Map for 21636 Rio Oro Dr 28031
Page 1 of 1

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Lake Norman South
7.5-minute Quadrangle
NC SITS E: 438255.1, N: 195362.4 meters (NAD83)
Long: -80.8887938 W, Lat: 35.4964302 N (NAD83)
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Index map
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Location of 21636 Rio Oro Dr 28031
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please fill in the blanks. Please Print)
December 8, 2003
TO: Duke Powcr, A Division of Duke Energy Corporation
c/o Lake Management - EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: Excavation For (Project name)
(Lake/County/City) G / Y-4_l
(Duke File No.) 1.)
(Applica?it's f dl name) ? Y ? >? I hereby agrees to comply with all
recommendations, requirements all /or conditions of Duke Power Lake Management, General
Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the
application to excavate for the purpose of 'a Im t!'F55??j 11rt I .
In addition, Ywe have read and agree to comply with Duke's current Shoreline Management
Guidelines (SMG), much of which is repeated hearin, and understand that written authorization
must be obtained from Duke Power Lake Management prior to beginning any activity within the
FERC project boundary or on Duke Power land. The excavation will be completed as described
in the approved application and within eighteen (18) months from the date of written approval by
Lake Nlanagement, unless specifically noted otherwise in the application or unless I/we obtain
approval for a single, time extension (maximum of one year) in writing from Duke Power Lake
Management. Uwe understand that if the SMG or other applicable rules change during any
extension period, 111ty will be expected to comply with the new requirements to the maximum
extent practicable. Uit,e also recognize that failure to complete the excavation within this build-
out period will require the filing of a new application within the then-current SMG and that the
new application nu?st include any applicable (ces and security deposits.
I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the proicct
boundary or Duke-owned peripheral strip where the excavation activity is to take place, or if not
the owner or lease holder. Utit e have included prool'of title to the property and written
authorization from the owner(s) or lease holder(s) to carry out the proposal within the protect
boundary adjacent to their land.
1/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, l/we have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
1/tive understand that all excavation work must be done directly in front of »1j/our property and
within the third of the cove nearest my/our property or within any middle third of the cove that
Duke Power owns, or 1/we have written authorization from the owner(s) or lease holder(s) to
carry out the proposal within the project boundary adjacent to/on their land. Ylt,e also understand
that access channels must run perpendicular to the shoreline while within the third of the cove
area that is nearest my/our property.
1/we understand that for proposed excavations, l/we must coordinate with Duke Power Lake
management to conduct an on-site meeting to review the project prior to notifying the various
resource agencies. 1/we must notify the appropriate local, state and federal agencies in advance
of the activity by sending them a completed copy of Duke's Excavation Permit Application Form
and other required information. Yu,e understand that written authorization and/or other permits
may be required by some of these agencies and such required authorizations must be obtained
before I/we submit the final application to Duke Power Lake Management.
1/we understand that except for maintenance excavations, any excavation exceeding 2000 cubic
yards of material removed or any excavation or shoreline stabilization work needed to support an
application that requires Federal Energy Regulatory Commission (FERC) review does itself
require specific review and approval by the FERC before Duke Power can issue any approvals.
I/ive agree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
1/tine understand that every reasonable effort must be made to minimize any adverse impact on
fish, wildlife and other natural resources.
1/tive understand that all applicants must contact the appropriate State Historic Preservation
Officer regarding the proposed excavation prior to submitting the completed application to Lake
Management.
1/?ve understand that applicants in South Carolina proposing excavations that are not covered
tinder the General Permit, or are greater than 150 cubic yards, must also receive prior written
authorization from the South Carolina Department of l lealth and Environmental Control
(SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed
application to Lake Management.
Ave agree that excavation activities in North Carolina and South Carolina will not occur during
the months of March, April, May and June because of the potential impacts to fish spawning
areas.
1/we understand that trees and vegetation growing within or adjoining the lake play an important
role in its overall environmental condition, and the ecological benefit the vegetation has on fish
and wildlife habitat directly supports a sound and healthy lake environment. IAve also understand
that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.)
and/or disturbance of the shoreline buffer may result in suspension or denial of lake use
permitting requests, forfeiture of security deposits and require re-establishment of vegetation at
my/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
I/we agree that all excavated material will be placed in upland areas, landward of the project
boundary, and confined to prevent erosion and sedimentation back into the lake or nearby
streams.
1/we agree that Best Management Practices will be followed by placing all excavated material a
minimum of 50 feet landward of the full pond contour, unless special consideration is given in
writing by the South Carolina Department of l-lealth and Environmental Control (SCDI IEC) or
the North Carolina Department of the Environment and Natural Resources, Division of Land
Quality.
Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
1/tive understand that the double handling of excavated material will not be allowed; therefore, all
excavated material must be placed above the project boundary in one handling.
I/we have designed the hydraulic excavation process (if curry tivill be used so that return water re-
enters the lake in the same general vicinity and cove as the excavation, to the maximum extent
practicable.
1/tive agree that the proposed excavation will not be for the purpose of creating additional
shoreline, will not alter the project boundary or the full pond contour, and will not impact
threatened or endangered species, historic properties, or environmentally-important areas, unless
special public entity provisions were made in the application.
I/iw recognize that it is mry/ow- responsibility to clearly locate in the field and label on my/our-
work area drawings any areas that require specific protection or avoidance during this excavation
work. Examples of these protection/avoidance areas include but are not limited to, any
Environmental Areas, Natural Areas or Impact Minimization "Zones as identified by Duke;
jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water,
sewer, electric or communications lines. 1/ire agree to provide m1y/our contractor with a copy of'
these work area drawings showing these areas to stress the necessary protection measures.
1/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. I/we will then notify Duke
Power Lake Management and the State Historic Preservation Office to determine what measures,
if any, Ilive must pursue to protect or salvage the archaeological resources.
I/we agree that any excavation from within the project boundary will not exceed the volume as
outlined in the application and will remove and disturb only what is absolutely necessary to
achieve the project's stated purpose.
1/we agree to notify Lake Management when the excavation is initiated and to ensure that during
the excavation period, the weather-proof "Duke Power Approved Lake Use Activity" sign (to
be provided by Duke Power) remains posted at the job site and visible from the water's edge.
1/we agree to be fully responsible for the permitted lake use and Ylve understand that this
responsibility is considered to transfer automatically along with ownership and leases of the
adjoining tract.
1/we understand that Lake Management representatives may issue Stop Work Directives for any
violations of the SMG and that other consequences may result from such violations, including
but not limited to suspension or cancellation of approved permits, increases in fees, modification
or removal of non-complying structures and restoration of disturbed areas at mylour own
expense or loss of any consideration for future lake use permits. 1/we agree to immediately
comply with any Stop Work Directives, to fully cooperate with Duke Power Lake Management
and other agencies as necessary and to perform the necessary remedial actions within the
specified time frame.
1/we agree to develop any required mitigation plans and to complete any required mitigation
activities at my/our own expense within the specified time frames. I/we recognize that the
excavation work is not considered complete and deposits will not be refunded until the
mitigation requirements (if any) have been satisfactorily fulfilled.
Uwe agree to notify Lake Management in writins? when the excavation is completed (including
any required mitigation measures) and that the excavation was completed per the approved
application, so a close-out inspection can be performed.
1/we have included a check for the applicable filing lee and security deposit, and copies of all
other necessary permits. 1/we recognize that security deposits will not be refunded if any
violations of the SNIG or this user's agreement occur.
I/we understand that there will be no change in hydro project operations as a result of the
excavation and/or utilization of the excavated area.
1/we agree to maintain the work area in a safe condition and to fully indemnify and save Duke
Power harmless from any and all claims, liability, loss or damage that may arise From this
excavation project.
1/we understand that this user's agreement does not, in any way, constitute the transfer of any
rights in real property and that i y/our use and enjoyment of FCRC project lands and waters shall
not hinder the general public's lawful use and enjoyment of the same.
Sincerely,

Applicant's Name (Print) Lot # Nbp- licant's Signatuf.? /
*Co-Applicant's Name (Print) Lot # *Co-Applicant's Signature
*Co-Applicant's Name (Print) Lot # *Co-Applicant's Signature
*Co-Applicant's Name (Print) Lot # *Co-Applicant's Signature
* Co-Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project and is done to benefit multiple
owners / lease holders of project-front properties within a single development. The check for the
application filing fee and security deposit should be from the party shown as Applicant and not
several checks from the Applicant and Co-Applicants. By signing this agreement, Co-Applicants
are in fact recognizing and agreeing to the same conditions as is the party signing as Applicant.
i
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LAKE NORMAN
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DUKE POWER COMPANY REr, MTN. ISLA14D DWG. NO, Gill-n
kNS"-'F,ORD DEVELOPMENT i.sirE '
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THE' "TRUSTEES OF
DAVIDSON COLLEGE NANNI E I. GOUGER, EST.
i LOT NO. G
BEING PORTION OF
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)TE: DUKE POWER COMPANY AREA
LEASED TO THE TRUSTEES OF DUKE POWER COMPANY
FIAVIFISCIN r.c)l I rr,.F= .(CRIJ ST DONALDSON)• o wo ifD $oJ
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inxcTTS?e ICOWANS-FORD DEVELOPMENT
LAND DECDED TO
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BEING PORTION OF
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NOTE: DUKE POWER COMPANY AREA
o So' i00, zco' LEASED TO THE TRUSTEES OF
DAVIDSON COLLEGE.
DWQ# -1 -11
Plan Detail Incomplete
Date '-7/-:) 3 J Who Reviewed: C
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage. - -
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other ?? ?? ?/ e S ?'_ o •a / `? @ G/ ?? J? ?? i ?-. Ci S? ? j I//i?
CEJ The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ This additional fee must be received before your application can be reviewed.
C ;e,-/
? Please complete Section(s) on the application. ZZ
? Please provide a-siig?ned copy of the application. ?U 4l` ? v?,S ; y, , a? ? ??? C1?i, rr?
ease provide copies of the application, 2 copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
Please indicate which 404 Permit the USACE would use to authorize this project.
0 Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
o Print your name and address on the reverse
so that we can return the card to you.
0 Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Jeff Martin
21636 Rio Oro Drive
Cornelius, NC 28031
DWQ# 04-1191 - Mecklenburg
A. Signature
X
B. Received by (Printed Name)
? Agent
? Addressee
C. Date of Delivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
• Certified Mail ? Express Mail
? Registered RReturn Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label)
PS Form 3811, August 2001
?0012510 0009 0250 7342
Domestic Return Receipt
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage $ Fees Paid
USPS
Permit No. G-10