20010117 Ver 1_COMPLETE FILE_20010201

1
LAW OFFICES
JORDAN PRICE WALL GRAY JONES & CARLTON
A PROFESSIONAL LIMfTED LIABILITY COMPANY
ROBERT R. PRICE
JOSEPH E. WALL
R. FRANK GRAY
HENRY W. JONES, JR.
PAUL T. FLICK
TERRY J. CARLTON
HOPE DERBY CARMICHAEL
STEPHEN R. DOLAN
SHAWNA Y. STATON
JONATHAN P. CARR
SONJA M. WILHELM
CRAIG M. JANAK
KARA L. SHARRARD
SARA E. CARRIGAN
RALEIGH. NORTH CAROLINA
March 12, 2001
SUITE 200
225 HILLSBOROUGH STREET
RALEIGH, NC 27603
MAILING ADDRESS
POST OFFICE BOX 202 1
RALEIGH, NC 27602-2021
TELEPHONE
[phone]
FACSIMILE
[phone]
E-MAIL
[e-mail]
JOHN R. JORDAN, JR.
KAREN KELLY CARLTON
OF COUNSEL
Mr. John R. Dorney
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27669
Dear Mr. Dorney and Mr. Mitchell:
Mr. Steve Mitchell
North Carolina Department of
Environment and Natural Resources
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
I serve as legal counsel to Lochmere Homeowners Association. I am in receipt of
a copy of your letter dated 17 February 2001, which was actually received by my client's
managing agent on 28 February 2001. Please accept this letter as a response to your
letter and request for a meeting.
I have reason to believe that through inadvertence of the Association, a mistake
has been made rendering it impossible for the Association to comply with the terms of
your letter. It would be productive to have a meeting involving a representative of the
Board of Directors of the Association, myself and the two of you in order to discuss a
course of action to be taken at this point.
I look forward to hearing from you about a time and place for such a meeting. I
look forward to hearing from you directly. _
Sincerely yours,
JORDAN PRICIMALL
Y JONES ILL CARLTON
Hen Ames, Jr.
cc: Mary Norbech
Larry Stolze berg
VV C. ,, tA
MAR 1 4 2001
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
fflk'?WAJ •
IT
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 17, 2001
DWQ Project # 010117
Wake County
COE# 20021943
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Lochmere H.O.A.
C/o HRW Management Corp.
1183 West Chattam Steet
Cary, NC 27513
Dear Sirs:
The Division of Water Quality has reviewed your plans to dredge sediment from 1.5 acres of Lake
Loch Lomond located at Lochmere subdivision in Wake County for deepening a portion of the lake as
described in your application dated October 23, 2001 (revised January 30, 2001). Insufficient evidence is
present in our files to conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as
described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H
.0507(e) and will place this project on hold as incomplete until we receive this additional information, we are
requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on
administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you remove the spoil from the lake system rather than redepositing it within the
lake? We are concerned about the turbidity violations during this redeposition. Also discuss plan to 1)
stabilize the division ditch to prevent sediment from entering the lake and 2) abandon the ditch once work is
done. Any documentation such as maps and narrative that you can supply to address alternative designs
for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and to Steve Mitchell of the Raleigh Regional Office at [phone]. If we do not hear from you in
three weeks, we will assume that you no longer want to pursue this project and we will consider the project
as withdrawn. I can be reached at 919-733-9646 if you have any questions.
cc: Raleigh DWQ Regional Office
Raleigh Field Office Corps of Engineers
Central Files
File Copy
o incerely,
hn . m y
Wetlands/401 Unit • 1621 Mail Service Center • Raleigh, North Carolina 27669-1621
Telephone [phone] • FAX [phone]
An Equal Opportuniq Affirmative Action Emplo.Ner
50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mitchell
WQ Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Lochmere Homeowners Association c/o Larry
Project Number 01 0117
Recvd From APP
Received Date 2/1/01 Recvd By Region
Project Type
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
County Wake
County2
Region Raleigh
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
Stream Impacts (ft.)
® E

Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y Q N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Project DUMBO. WHY?????? Merely moving sediment from shallows to the deeper end
accomplishes nothing. No increase in storage and requires the diversion of a stream in the process.
New sediment basin will require routine maintenance. And what about the buffer along the lake and
the new diversion ditch??
cc: Regional Office
Central Office Page Number 1
Loch Lonumd
Subject: Loch Lomond
Date: Fri, 02 Feb 2001 09:42:49 -0500
From: cyndi karoly <[e-mail]>
To: [e-mail], [e-mail]
Steve, Matt
I have attached a pdf file (hopefully you can read it) which has a Corps
Public Notice issued October 23, 2000. The Corps mailed it to us in
October, but we never got it. Finally, Todd Tugwell called in late
January 2001 looking for a response. We've set up a file, and contacted
the applicant, who paid the fee yesterday. I'd like to try and turn
this one around due to the mail glitch (not the applicant's fault) and
it's a relatively innocuous projec It's 1.5 acres of sediment
transferral from the upper end of L ch Lomond to a deeper portion of the
Lake. Please let me know what you t ink. I'll be happy to fax the
Public Notice if you can't read the attachment. There's also an
application, but the PN provides a be ter project description.
Thanks, Cyndi
Name: Lochlomond.pdf
DLochlomond.pdf' Type: Acrobat (applicati
Encoding: base64
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JAN :? f i
September 27, '?tort' Branch
110 Windrock Lane
Cary, NC. 27511
919-233-1175
Todd J. Tugwell?` "
Regulatory Specialist
US Army Core of Engineers
Raleigh Regulatory Field Office
6508 Falls of The Neuse Road, Suite 120
Raleigh, NC. 27615
Re: Revised Application For Department of The Army Permit
for De-silting Lake Loch Lomond
Dear Todd,
Norm Foster and I thank you for taking time to meet
with us on Monday, September 25, 2000 to go over the
revisions necessary for us to get approval of our initial
submission dated September 8, 2000. Kindly find enclosed
our revised permit dated September 27, 2000 incorporating
all the required information. If any additional questions
or information is required, please feel free to contact us.
Sincerely r ,
C Larry tolze erg
Chairperson Loch Lomon
cc Norm Foster
Lochmere Board of Directors
C/O Mary Norbech - HRW
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
f33 CFR 3261 Expires October 1990
Public reyxting burden for this collection of Information Is estimated to average 6 hours per response, Including the time for reviewing Instructions,
serchhv existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send
comments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to
Department of Defense. Washington Headquarters Service Directorate of Inforrnadon0perations and Reports, 1216 Jefferson Davis Highway, Suite
1204, Arlington. VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, OC
20603. Please DO NO RETURN your form to either of those addresses. Completed applicatlons must be submitted to the District Engineer having
kirlsdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged
material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used In evaluating the application
for a permit. Disclosure: Disclosure of requested Information Is voluntary. H Information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One sit of original drawings or good reproduclblr copies which show the location and character of the proposed activity must be attached to this
application (ace sample drawings and instructional and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that Is not completed In full will be returned. O / 0 f' 7

1. APPLICATION NO. 2. FIELD OFFICE CODE 7TE RECEIVED 4. DATE APPLICATION COMPLETE

6. APPLICANT'S NAME
400111kV IldtI 4WAIMS 4SSDC1a01r',0 B. AUTHORIZED AGENT'S NAME AND TITLE mnsgwrranornrquiedJ
67& -"'j'
8 APPLICANT'S ADDRESS ?? C a?l?B1Pi9?o
,.10 NIA ?
/183 Whts GA0141Y t5',1-r CWe W7s/3 9. AGENT'S ADDRESS
/ia w,,?,,Me 44N5'
d0 yR r? .t "rir
PHONE NOS. 10. AGENT'S PHONE NOS. REA CODE -
a. Residence
b. Business - Slo a. Residence 117
b. Business
I hereby authorize,
furnish, upon requi
SIGNA'
12. PROJECT NAME OR TITLE (s« kutructloml
AND
4 Pe,, 7'
f,4 t r Q77d0aO
DATE
13. NAME OF WATERBODY, IF KNOWN (#eppftobh!
?C &4'Y 10,o6fP,4/,
to act In my behalf as my agent in the processing of this application and to
application.
14. PROJECT STREET ADDRESS by#Aa &b&i
16. LOCATION OF PROJEC
WA o7
COUNTY
STATE
18. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (sM kwumo w 1,Or-1f 419174&-v I-/.Cb 6r"` 7W=1y 4 (/C#/V-r4 ?VVJ
SO7WXW/4s for, (M 7, Ott ANel74P?. s(4, dF/ * lit-)*0 1 S iA (wSr S?? $/? 0/
17. DIRECTIONS TO THE SITE
FRO11 LYON Re-f% 500-4// 0AI FiPW JPo4-b ,avid' ).,z /I/4,,l i o
lyc
18. Nature of Activity (oosapebn of
pW iaWab aN hanure+l
If ova %5A y FR on Ajj A r64 s X Fps -?NAiv 3 Fr. c io ?/?,p/??,F',? A 7' -1114 No 01 ANA
AqI.D R,EpOs/7?i?/ m/ AW 6 ?- 9' R??•?/o?? ;"19 ACJ`?/F??4 tf1W1e4-' l ?/is/ or
3' %0 W 1l y/N 8 OF fy? 5110414:' /?l/?F (sue ,c?XHI,Bi ?h/D).
19. Project Pur to Wowd , of Zp"Notol en. r. ... kw&w0 nt/
N? AAK Bf?/nydc?,C? Py eONsOZ
Rq v-(??, OR N?O y?E"?iCS wi? y?,/a? D?-S/?t??'? o? ?Ny p01??o,?pF,?.?.(A?
-f111-5 71 f d 1kc-f W14A T e,0Je11, Jg6Cit-1,rh' ?10 1W6,WKiirA #6o A?N>`4oft' ly
USE BLOCKS ?0-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for 1121scharge
m-l C O*%F 1XA/was
21. Type(s) of Material Being Discharged and the Anwunt of Each Type In Cubic Yards
>AwrPs/&1 5111-' 7,69v- 71eea CtiZic, Y,4Jr Sj APS-1?y c44;
22. Surface Area in Acres of Wetlands or Other Waters Filled (we k&wwdom
AkP,,eox11WW1y zs'/ac,??s y 1wo"l; aye )DA&7.
23. Is Any Portion of the Work Already Complete? Yes No ...,? IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
4:7xH/ai7"
26. List of Other CertNications or Approvals/DoNals Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
•Woukt include but Is not restricted to toning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described In this application. 1 certify that the information in this
application is complete and ate. 1 further certify that i?possess the authority to undertake the work described herein or am acting as the
dulE,jNbr4' M CPM'
S{?°%tr i0o?
(( SIGN URE OF b(PLICA DATE SIGNATURE OF AGENT DATE
The application must be signed by t person who deakes to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent If the statement In block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing some to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
. U.S.GM:1994.620.476/62016

1. West Green forest Drive 4. Loch Haven Lane
2. Summerview Lane 5. Ripplewater Lane
3. Loch Pointe Drive 6. Rustlewood Lane
Purpose: To remove silt build up
at the north end of the lake
Site Location
Proposed silt removal and discharge
Adjacent property owners
see exhibit 3
Loch Lomond, Lochmere
1N: Lynn's Branch of Swift Creek
AT: Lochmere PUD
Sheet 1 of 3
?I
ROL 15 1LT
.fits
"to ups
• I',0,04,6
AJ 17f
Purpose: To remove silt build up
at the north end of the lake
Adjacent property owners
see exhibit 3
Plan View
300 f? 116
Proposed silt removal and discharge
IN: Lynn's Branch of Swift Creek
AT: Lochmere PUD
Sheet 2 of 3
o Igo goo
?ritsT??ti
STVN E FtZ?oS t viv
ti3AR.?iti2
t7 ALL, ?JATf R y,EV F_ 4
Kamm a
I3-
DEPOS Ir
6 xisr) N5
???? PRoFIt-rE
q PRO POSED
P?2oFt?E
Section View ?q A
Purpose: To remove silt build up Proposed silt removal and discharge
at the north end of the lake Section View
Adjacent property owners M: Lynn's Branch of Swift Creek
see exhibit 3
AT: Lochmere PUD
Sheet 3 of 3
PROPERTY OWNERS ADJACENT TO LAKE LOCH LOMOND
Lochmere Homeowners Association - owns the lake and ten (10)
feet of property on both sides of the path on the South,
West and Easterly portions of the lake.
C/O Mary Norbech
HRW Properties
1183 W. Chatham Street
Cary NC. 27511
The Park Apartments - owns the property on the Northerly
portion of the lake.
1100 Audobon Parc Drive
Cary NC. 27511
Fonville Moriset Real Estate Office - property owned by
Robuek Homes
(M/8 Kay L. Barnette)
PO.17102
Raleigh NC. 27619
Lochridge Lakeside Condominiums-all property common/managedby
M/S Gail Grant
Kildaire Management
302 Pebble Drive
Cary NC. 27511
Lochridge Cluster Homes - all property common/ managed by
M/S Gail Grant
Kildaire Management
302 Pebble Drive
Cary NC. 27511
Lochwinds Homeowner Association - lake property owners
Larry & Janice Stolzenberg
110 Windrock Lane, Cary NC 27511
Peter & Elizabeth Bruun-Anderson
112 Windrock Lane, Cary NC 27511
Bud & Beth McKinney
111 Windrock Lane, Cary NC 27511

(2)
Lochwinds Homeowners Association Cont'd.
Anne Morton
109 Windrock Lane, Cary NC. 27511
Abe & Eileen Bacailado
107 Windrock Lane, Cary NC. 27511
Craig Hall & Monique Chamard
114 Ripplewater Lane, Cary NC.27511
Kurt & Ronny Johnson ,
116 Ripplewater Lane, Cary NC. 27511
Jean Johnston
118 Ripplewater Lane, Cary NC. 27511
Sonya McKay
120 Ripplewater Lane, Cary NC. 27511
Pat Cashman
121 Ripplewater Lane, Cary NC. 27511
Dennis & Marianne Burke
119 Ripplewater Lane, Cary NC. 27511
Nindsong Homeowners Association - lake property owners
Janice & Stephen Dunning
118 East Wind Lane, Cary NC. 27511
Richard & Betty Huber
117 East Wind Lane, Cary NC. 27511
Mrs. Paul Freed
115 East Wind Lane, Cary NC. 27511
M A Thomas
113 East Wind Lane, Cary NC. 27511
Hugh Auger
111 East Wind Lane, Cary NC. 27511
Betty Thomas Love
109 East Wind Lane, Cary NC. 27511
Thomas-McKee
104 Water Leaf Lane, Cary NC. 27511
John & Sheilah Wallis
106 Water Leaf Lane, Cary NC. 27511

(3)
Windsong Homeowners Association Cont'd.
Robert & Ruth Guthrie
108 Water Leaf Lane, Cary NC. 27511
Ed & Nancy Friedberg
109 Water Leaf Lane, Cary NC. 27511
Paul Smith
107 Water Leaf Lane, Cary NC. 27511
James & Patty Warner
105 water Leaf Lane, Cary NC. 27511
John & Judy Massengill
220 East Wind Lane, Cary NC. 27511
Robert & Alice Grant
222 East Wind Lane, Cary NC. 27511
Sherlyn Harrell
221 East Wind Lane, CARY NC. 27511
Bob Dortch
119 East Wind Lane, Cary NC. 27511
Loch Haven Lane - lake property owners
Jay & Hata Dashi
117 Loch Haven Lane, Cary NC. 27511
Anita & David Squeglia
119 Loch Haven Lane, Cary NC. 27511
Warren & Patsy McAllister
121 Loch Haven Lane, Cary NC. 27511

Iw ,
PS,

October 23, 2000
Regulatory Branch
Action ID No. 200021943
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Mr. Dorney:
JAN .? ' iUUI
Enclosed is the application Lochmere Homeowners Association for Department of the
Army authorization and a State Water Quality Certification to authorize the proposed excavation
of 7,500 cubic yards of accumulated sediments from approximately 1.5 acres of the upper end of
Lake Loch Lomond and discharge of the. excavated material into approximately 1.5 acres of a
deeper portion of the lake, in the Long Branch watershed, associated with Loch Lomond
improvement project, in Cary, Wake County, North Carolina
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by December 16, 2000, the District Engineer will
deem that waiver has occurred.

Questions or comments may be addressed to Mr. Todd Tugwell, Raleigh Field Office,
Regulatory Division, telephone [phone], extension 26.
Sincerely, FILENAME:lochmerecl4
CESAW-RG-R/tt/mj
CESAW-RG-BII *9e-olW
CESAW-RG-R/FILES
MAIL )qzs-/
S. Kenneth Jolly,
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
0/0//7

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FNYM Al
RECEIVED
RECEIVED
2000
Ranch
® North Carolina Wildlife Resources Commission K?
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Mr. Todd Tugwell, U.S. Army Corps of Engineers
Raleigh Regulatory Office D
YZ.i&" s
FROM: Danielle R. Pender, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 20 November 2000
SUBJECT: Public Notice for Excavation and Construction activities of Lake Loch Lomond, Wake County,
North Carolina, Action ID No. 200021943
Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject document.
Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes
(G.S. 113-i31 et seq.).
The applicant proposes to excavate 7,500 cubic yards of accumulated sediment from approximately 1.5
acres of the upper end of Lake Loch Lomond and discharge the excavated material into approximately 1.5 acres of a
deeper portion (middle) of the lake as part of the Loch Lomond improvement project. This project will impact Long
Branch, a WS-III NSW tributary to Swift Creek, which ultimately drains into the Neuse River.
We have the following comments on this project.
We request that the draining process take place during the cool weather seasons to reduce impacts to
aquatic species.
Sediment will likely become stirred up and suspended during the lake filling process. We request that
discharge from the dam be managed to minimize downstream sedimentation.
Thank you for the opportunity to review and comment on this Public Notice. If we can be of further
assistance, please contact our office at [phone].
cc: John Dorney, Wetland Scientist, DWQ
Stephen Hall, Zoologist, Natural Heritage Program
Kathy Matthews, Wetland Section, EPA
Mailing Address: Division of Inland fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
110 Windrock Lane
Cary, NC. 27511
December 1, 2000
Mr. Todd J. Tugwell RECEIVED
Regulatory Specialist - Raleigh Field Office
US Army Corps of Engineers ULU n 4200q
6508 Falls of The Neuse Road, Suite 120
Raleigh, North Carolina 27615 ®
??010?++?? R4ti1?iaINQh
Action ID No. 200021943 - Lake Loch Lomond Improvement Proj.
Dear Mr. Tugwell:
As you are aware from all our discussions the concerns
expressed by the North Carolina Wildlife Resources Commission
were already of primary importance to us as we developed our
project. As we already addressed these issues we have no
problem in trying to implement them.
The regulatory submission did not go into all the
specifics of the project. The following outlines the goals
we already established to safeguard the aquatic life and
discharge flow:
o If this project could not be undertake during periods
of cooler weather we were already going to install
"aerators" to safeguard the aquatic life. The area
to be desilted would require the migration of the
aquatic life from a field which now has a depth of
inches to less than 3 feet to one that will contain a
minimum depth of 6 to 9 feet or more.
o The pond will be drawn down very slowly over a period
of a month or more. The drying process will take
place over a month or more before work actually
begins. Once completed we feel the time to allow
nature to refill the lake could take up to a year.
During all phases we will control the flow of
discharge via managing the dam in order to minimize
down stream sedimentation.
Thank you for giving us a chance to assure you again, as
well as, the NC Wildlife Resources Commission of our intent
to undertake this project in the most environm tal safe and
prudent manner.
Larr Stolz nberg
Chairperson Lake Lomond
919-233-1175
cc: Lochmere Homeowners Association
C/o Mary Norbech - HRW Management Corporation
1183 West Chatham Street
Cary NC. 27513
v
i'
- R
/I
U.S. Army Corps of Engineers 5
Raleigh Rtgulatory Field Office
--`.''he Neuse Road
Suite 120
Raleigh,!?Vorth Carolina 27615
Pho4e: [phone] 010117
F": [phone]
FAJ COVER SHEET
I'
Date: nua 26, 2001
Message to: ndi Karo[y
33-99
From: ?Idd u well
PAYMENT
'? RECEIVED
K 1 Z.
Total number of page including cover page:
If all pages not received, please call 876-8441.
r
Remarks: i 11
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Actober 23, 2000
Regulatory Branch
Action ID No. 200021943
Mr. John Dorney ;
North Carolina Department of Environmfnt
and Natural Resources
Division of 'W'ater Quality
Wetlands/401 Unit h
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
w
Dear Mr. Dorney:
Enclosed is the application Lochmg re Homeowners Association for Department of the
Army authorization and a State Water Q14ality Certification to authorize the proposed excavation
of 7,500 cubic yards of accuznulatc,-' nts from approximately 1.5 acres of the upper end of
Lake Loch Lomond and discharge of the,Icxcavated material into approximately 1.5 acres of a
deeper portion of the lake, in the Long Branch watershed, associated with Loch Lomond
improvement project, in Cary, Wake County, North Carolina
We are considering authorizing th6 proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that.a water quality certification is required under the
provisions of Section 401 of the same la?. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted. on
the request, or asked for an extension of'time, by December 16, 2000, the District Engineer will
deem that waiver has occurred.
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Questions or comments may be messed to Mr. Todd Tugwell, Raleigh Field Office,
Regulatory Division, telephone (919) 87b-8441, extension 26.
Sincerely, FILENAME:lochmerec14
r CESAW-RG-R/tt/mj
CESAW-RG-R/KT/s
CESAW-RG-R/FILES
MAM
S. Kenneth Jolly,
` Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
I
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COPY
71VED
C50-r 3 200d
September 27 , -jWatory Branch
Todd J. Tugwell
Regulatory Specialist
US Army Core of Engineers
Raleigh Regulatory Field Office
6508 Falls of The Neuse Road Suite 120
Raleigh, NC. 27615
Re: Revised Application For Department
for De-silting Lake Loeh,Lomond
Dear Todd,
110 Windrock Lane
Cary, NC. 27511
919-233-1175
of The Army Permit
Norm Foster and I thank you for taking time to meet
with us on Monday, September 25, 2000 to go over the
revisions necessary for us tQ get approval of our initial
submission dated September 81 2000. Xindly find enclosed
our revised permit dated September 27, 2000 incorporating
all the required informa?V..: :f any additional questions
or information is required, ilease feel free to contact us.
Sin6orely r
Larry tolze erg
Chairperson Loch Lomon
4
cc Norm Foster
Loehmere Board of Directors
C/O Mary Norbech - HRW '
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N
Todd J. Tugwell
Regulatory Specialist ii
US Army Core of Engineers
Raleigh Regulatory Field Off#ce
6506 Falls of The Neuse Road Suite 120
Raleigh, NC. 27615
Re: Revised Application For *epartment
September 27, iWatory Branch
110 Windrock Lane
Cary, NC. 27511
919-233-1175
of The Army Permit
for De-silting Lake Loch Lomond
Dear Todd,
Norm Foster and I thank you for taking time to meet
with ux on Monday, September 25, 2000 to go over the
revisions necessary for us t4 get approval of our initial
submission dated September 8k 2000, kindly find enclosed
our revised permit dated 64=rtWAuber 27, 2000 incorporating
all the required information) If any additional questions
or information is required, lease feel free to contact us.
n ere )Y yq}ir ,
Larr tolze erg
Chairper on Loch Lomon
cc Norm Foster
Loehmere Board of Directors
C/o Mary Norbech - HRW ',
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APKICATIOPI FOR DEPARTMENT
f= CAR 22
Fpblb MpeNn4 burden far *b aoisauen of IrOpmradw Is esdrrr
perahbls aabdrp data so reas, SMarinY and mainairino tM d
aprrwarks e-02 A I tNs burden *0-me or any adw awm of
popm n "of Dsfwwo. Washwom MsadtmAen so wigs DMae
1204, AdMip om VA 222024M) and to ON OfRu of U~
10x09. mom DO NO "MAN your form to either of do" adr
p&dodom over dw leoodon of 1M proposod 400 t .
P
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1®11?
THE ARMY PERMIT
O11a APPR13VAL NO. 9719muua
Isatr" Oetd w Im
I to ovmp a hours per roopenw, kb&4ns tM tints ft r ravlewbp brstmrodems,
rwdA and oonr#Ietbp and toviewin dw pokedw of hrfarrreadom. Sand
r oaaeafion of bdermlatlom, krairrdbla sup,ssdons tot raduII Ws burdwL to
to of M and It"atts, Ilia Jefh "m Davis Hla1011N. Suhe
sa sd oppecadoee mud b a o ted w the Oboist firmineor 1 ev"
w
Autbodllr: 23 USC 401. tioodon 101 1413, Saetbn 404. Pdrv
nsvig" wo"m of IM th*W Etab/. dN d dwp of drsdw
RWONW lot *6 purpose of dumpin it bm ocean watsre. Raul
ter a ? qcan a "?pyglred IagYastad lmfoenallom
processed 4
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dw Wg&n and OMrsatar 01 tM propaed aedvity m= be alteohad ft IMS
1, da Dbbbt SnaIMM havkV pdodadw over the bo" m of rho Prapaed
13. NAME OF WATERBODY, IF KNOWN aramomew
IS. LOCATION OF PROJESr I -
GOLMTY STATE
0. OTHER LOCATION 0ESCRIPTION8, IF KNOWN, t w mouw•ww
suh???wr?s ??s?(?? QA'd 7?k
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17, DIRECTIONS TO THE SITE ,/
MAW ANN RO4, SOrr?N OW 4A' >f 144"' trOY 1PoA? A&u)" Y2 /y/Gt
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NACY ACT STATEMENT
00 p? *ww: Thane laws M*** pwn" VAhoddrra wdvldn bL or oftoodrp.
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S. AUTHORIZED AOW'S NAME AND TITLE a. Mw Is -8 mfwaa
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S ADDRESS
Ord w'ew)rgtw
to not In my behalf as my apent in the process" of ma appvaaasn ano zo
oppacatim.
14, PROJECT STREET ADDRESS AY#AW@W
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IS. Nature of ACtlvky tosssqprae srommut $wAnls er u1?rW VW
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20,,4s) nA??1PiA?c s c A????? r? $.?,?.?rov?j FRAM 7N,? SI ?? ?/.?
C,0,6-/ CaNs?1?A???ts
21. Typels) of Material Being Oliollarped Mid the Amount of f ach Typs In Cubic Yogds
7„irio cti?i? Y?R?s, /"Josh<y cry
)VTO611Y-b si,c ? A AOx? *',/ 7,'OF AR -
22. Burfaca Ana N Acne of Wetlands or Other Wave FYlodirm wwoaau
os t. A &eA4 DDS.
23. Is Any Portion of the Work Already Con*416? Yu --? No -4. IF YES, DESCRIBE THE COMPLETIP WORK
1
24. Address" of Adjoin1n8 Property Owners, Lessees. EU.. "oss Roperty Adjoins the Waterbody lit more than can be entered hen,
please auseh a supplemental IWO. l
25. List of Other Certifications or Approrels/Denlob `trom other Federal, State or Local Agenoiea for Work Described In This AppKastlon,
AGENCY TYPE APPROVAV IDENTIFIt I WN NVMM9R DATE APPLIED DATE APPROVED DATE DENIED
• Would k"We but to not reotAated 10 atoning, b M q and flpod plain pormits
26. Application Is hereby made fqf • pemdt or permits to suthagite the work described in this application, I certify that the i nfonnetlon in this
application is oomplots end to. I further certify that I posests the suthaft to undertake the work described heroin or am aetino as the
SIG URg OF DATE SIGNATURE OF AGENT DATE
The application "wot be signed by Ins pWaWn who dukes to undertake ter proposed activity lopplic nt) or It may be elgnad by a duly
authorized agent If the statamom M block 11 has bun filled out and signed.
1A U.S.C. Section 1001 provides that: Wlmw. In any,insnnar within the Jurisdiction of any deportment or agency of the United States
knowMgly and willfully falelflee, oonaeels, or covers upy?y trick, scheme. W disguises a material fact or makes any false, ft Wous or
froudWoot statement* at reprosentatlone or makes or ueile ant fetM wrptino or document knowlno aMna to contain any false, tbtatlous or
fraudulent statements or entry. shag be fired not more than 010,000 or Imprisoned not more than five vows or bath.
• u.e.eso, eewswrwson e
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a
1. West Green forest Drive
2. Stunmerview Lane
i
3, Loch Pointe Drive
Purpose: To remove silt build up
at the north and of the lake
A4jacent property owners
sm exhibit 3

,%jM2w)w
4. Loch Haven Lane
5. R.ipplewater Lane
6. Rusdewood Lmm
Site Location
Loch Lomond, Loehmere
Proposed silt removal and discharge
III: Lynn's Branch of SAM C=k
AT: L.ochm m PUD
Sheet 1 of 3
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zu? SILT
flgofA .f)jIS
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purpose- To remove silt build up Plan View Proposed silt removal and discharge
at the north end of the laloce ' IN: Lynn's Branch of Swift CMCk
Adjacent property owners -A
see exhibit 3 300 f t ! lno•1? AT: Lochmere PUD
Sheet 2 of 3
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Purpose: To removv silt build up
at the north end of the laim
A41acem Property owners
See exhibit 3
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PRoFI?•E
Proposed slit removal and discharge
IN: Lynx's Branch of Swift Creek
AT: Loohmore PUD
Sheaf 3 of 3
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PROPERTY OWUS ADJA¢al1T TO LMW LOCH LOMOND
Lochswre Homwom era sssociati4n - owns the 1Eke and ten (10
feet of property on both sidles of the path on the South,
Nest and Easterly portions #t the lake.
C/O Mary Norb ch
nN Properti:s
1183 N. Chatham treet
Cary WC. 2751
r
The Park Apartamts - owns thl property on the Northerly
portion of the lake.
1100 Audobon Pere Drive
Cary NC. 27511
Tonville lloriset Real Rotate Ottice - property owned by
Robuck Homes i
(M/a Kay L. Barnette)
PO.17102
Raleigh NC_ 27614
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Lochridee Lakeside Condooiai•x?w-all property common/managedby
M/8 Gail Grant
Kildaire Management
302 Pebble Drive;
Cary NC. 27511
A
Lochridge Cluster !tomes - all%property common/ managed by
M/S Gail Grant
Kildaire Management
302 pebble Drive
Cary NC. 27511
Lochwiods ncnoovner Assootatipn - lake property owners
Larry A Janice Stolsenberg
110 Vindrock Lane, Cary NC 27511
Peter 6 Elizabetb•Bruun-AnderOon
112 Nindroek Lane, Cary NC 27611
Bud i Beth McKinney
111 Nindrock Lane, Cary NC
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Lochwinda 9mommers Alssociat?on Contd.
Anne Morton
109 Windrock Lane, Car' NC. 2511
Abe i Eileen Bacailado c
107 Windrock Lane, Cary NC. 27511
Craig Nall i Monique Chamard P
114 Ripplew;ter Lane, Cary NC327511
Kurt i Kenny Johnson
116 Ripplewater Lane, Cary NCB 27511
Jean Johnston
118 Ripplewater Lane, Cary w..: 41511
SOnya McKay
120 Ripplewater Lane, Cary NC? 27511
Pat Cashman
121 Ripplewater Lane, Cary NC 27311
Dennis i Marianne Burke
119 Ripplewater Lane, Cary NC4 27511
u
windsong Nmewmers Association -
Janice i Stephen Dunning
118 Bast wind Lane, Cary NC. #7511
Richard i Dotty Huber
117 Bast Wind Lane, Cary PC. 77511
Mrs. Paul !reed
115 Bast Mind Lane, Cary NC. 17511
M A Thomas
113 Rost Wind Lane, Cary NC. x17511
Nugh Auger
111 Bast Wind Lane, Cary N:.. X11
Betty Thomas Love
109 Bast Wind Lane, Cary NC. ;7511
Thomas ..Meg**
104 Water Leaf Lane, Cary NC.'27511
John 6 Sheilah Wallis
106 Water Loaf Lane, Cary NC.;27511
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Action ID No. 204021943
DI}gLIC NO77CE
October 23, 200
Lochmm Komcownots Aswcutian, c/o HRW Mm agermw Corporation, 1183 Weft
Chatham Street, Cary, North Carolina 27513, has applied for a DepuMa t of the Army (DA)
permit )C EXCAVATE 1. 'AC`s CUBIC ? YARDS
ER OF ACaUULATED END OF LAKE LOCH LOMON'DS AFROM ND
Ap)?Rt??N1ATE'ATEL LY 1.5 A.C?t.?S of 1.5 fy; OE THE EXCAVATED ? ???'CPIRAN'CFI ACRES OF A
D ER POR'YfON OP T>•i13 LAKL,
'TE)? W1TH LOCH LOMOND YMpR4vEMEN1' p1ta?8CT, CARP, WAKE
COUNTY, NORTH CAROLINA.
Thr, Nkwing description of rho work is talon from data prwAded by the applicant and
fioYn observations made daring a situ visit by a rep=entstive of the Corps of Engineers. Plus
snbmittett with the application show the proposod excavation of 3 feet of accumulated sediments
by (bulldozer from approximately 1.5 acres of lake bottom, and the rvpWlioning of the sediments
into 1.5 acres of a deeper portion of the lake bottom to provide for deeper wetter CmAtiotts at the
upper end the lake. The sediments will be moved by bulldozer tom the upper portion ofthe
lslie, where existing water depths rangy from 0 to 6 feet, to the middle if the like, where existfirt$
depths range from 6 to 9 feet, The 7,500 cubic yards of sediments will be repositioned xft
water levels have boon lowered to allow dry access to the work mom. Pfl*r to axtvatim a
dNersion ditch will be dug to transport water entwiig the lake from Long Blench aloe the
t*em shoreline to a point below the sedim=t deposition area. A pcsmar vt se&nm tt tmp
maasuriag 10 feet across and 10 feet deep wiubc excavated immediately downstrum of the
discharge of Lo V Branch into the lake to allow heavier sediments to be trapped before enuring
the Uke no prevent fume sedimritnt accretion. The purpose of the work is to provide for deeper
water at the upper end of the lsko. Plans showing the work are irtchaded with Odra public notice.
The State of Nottb Caroline will review this public notice to do?a the nixed for the
applicant to obtain any required State authorization. No Department of the Army (DA.) permit
will be issued until the coord dated State viewpoint on the proposal has beers received and
reviewed by this agency, nor will a DA permit be iraued until the North C o rolina Division of
Water Quality (NCDWQ) has dctcrmmcd the applicability of a Water Quality Co&ficate as
required by PL 92-540.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any perwa may request, in writing within the comment period sp*dited in the
DEPART MINT OF TIC ARMY
Wilmington Distriet, Corps of Engineers
Post office Box 1890
V-jhningt+on, North Carolina 28402-1$44
too-d ob12e n94 11W SOVSR £2eS2Lad16 W'60 000z,61'1?0
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notice, that a public hearing be held to consider this appIkstion. Requests for public bearing
shall state, witb part1=1wity, the reaaoruc for holding a public hmrift.
The District P.ng nm has oorasulted the latest published version of the National Register of
Hmcgic Places for the presence or absar coe of rog3. W d properties, or PIWetti is hstod as being
eligible for inclusion QM- iu, and this sits is not registered property or property listed as being
eligible for imiusiou in the Register. Consxdtatian ofthc National Register constitutes the extent
of cultural rQSo=c investigations by the DWd R*neer, and he is otherwise unaware of ft
presence of such. resources. P'reswly, mumown src'haological, Won "C, prehis®orieal, or
hiswrical datamay be lost or destroyed by work umler the requested permit.
The District B%ineer, based on available infom mtio% is not aware thud the proposed
activity will affect species, or then critical heWtat, desipmed as endsatered or threatened
pursuant V the Endangered Species Ad of 1973.
'he decision wholher to issue a parnk will be based on an evaluation of the probable
impacts, including cunmisfive imps ,-of the proposed activity and its intwded use on the
publiC interest. Evaluation of the probable impacts wtdch the proposed activity may have on the
public iribng requires a cusfful weighing of all those f*ctors which boome relevant in each
particular case. Tlit bew is which reaw n*ly may be expwW to aotrue from the proposal
must be balmiced against its rem=&ly £orewimble detriments. The dooman whether to
authorize a proposal, and if so the con&tioas under which it will be allm nd to occux, are
theorc>;'ore dete=ined by the outcome ot'tbe general balantmg praoeas. What decision should
reflect the national concern for both pmWetion acrd udhration of impo tat resources. All factors
which may be relevant to the proposal must be cousidwW including rise wratilative effects
thereof. Among those are conse vatim, eocommits, aesthetios, general c avirommental noncan,
wetlands, cultural vWu*& fish and wildlife values, flood h tds and flood plain values (in
accordance with Executive Order 11989), land use, navigation, ghore maim and accretion,
re ion, water supply and consmsLdon, water quality, ermW r4eds, aft, fbod and fiber
prod-actkm nimexal needs, ooansiders4ons of property ownership, and, m mineral, the nods and
we] We of the peoples For activities involving the placement of&edged or till rnaWials in
waters of the United States, a permit will be denied if the discharp that would be authorized by
saheb permit would no oomply with the Rtviromnwtal Protection Agency's 40OX 1)
guidelines. Subject to the precodir g sentence and any other applicable gvidelitsea or criteria, a
pen'nit will be granted unkm the District Enginew dctmaincs that it would be contrary to the
public interest.
The Corps of Engineers is soliciting comrumts from the public; Federal, SWo and local
aSmicies and officials; Indian Tribes and other interested panics in o+dcr to coodder and o
the imposts of this proposed activity. Any comments received will be msidened by d* CoTs of
Engfamrs to doter one whedw to issue, u d'ify, condition or deny a permit for this pwposal.
To make this decision, nom ieMs we used to assess impacts on eedangmd speci es. historic
properties, water quality, feral environmental effam and the otbcr p iblio interest factan listed
above. Comments are used in the prcpsxation of an Environmental Asaessrncnt (EA) andfor ao
Environmental Impact Statement (P-M) pursuant to the National Evvirownental Policy Act
too'd of 119 09V Rai 8avsn CtO99L8616 2260 000t,61'1?a
Sold MMMTS eV :60 OW-67-100
3
(NUA). C===" alto also used to determine the Awd far a public hearing and to determine
the overall public intense of the proposed activity.
Genamlty, the derision whether to i doss DegaMOM of the ArMy (DMA) PenYth
mo ication will not be made tmtil the North Cam' M& Division of Water Quality (NCDWQ)
issues, denies, or waives State certiitleation required by Scudon 401 of the Clean Water Act. The
NCDWQ ear eiders whedw or not the proposed activity will comply with See ims 341, 302.
306, aril 30 oftM Clean Water Art. 'rte appliaadon, and this public notice for the Department
of the Army (DA) permit se3rves as application to tic NCDWQ for certification.
Additional information rgwdirkg the Clean Water Act ceriilicatkM may be reviewed at the
offices of the tm*onn=tal dpeasdms Section, Nor& Catalina Division of Water Qwltty
(NGDWQ). Salisbury Shat, Archdale 18uiWk& Raleigh, North Cerolins. Copies of such
maerials will be funs shed to any person requesting oopies upon scat of reproduction casts.
All persons desiring to make owmwts regud'ng the application for Clean Water Ant
acrdfication should do so in writing delivarW to the North CarolittA Division of Water Quality
(NCDWQ). Watlands/401 UtLit,1621 Mail SeMcc Center, Raleigh, North Carolina 27699-
1621, on or before November 15, 2040, Attention: W. John Domey.
Written eoiml4gts pettlneg to the ptWood. woik, as outlined *vn, will be received in
this afficr, Attention: Mr. `odd Tugw dl, until 4:15 p.m., November 22,20W. or telephone
[phone], wctcnsion 26.
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1, West Green forw Drive 4. Loan SIAM LAW
2. Suamwrview Lame 5. Rip*wgtor Lane
3. Loch Paso Divo b. FtustIOMW L=*
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JAN3nrt
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200021943 October 23, 2000
PUBLIC NOTICE 0/0//7
Lochmere Homeowners Association, c/o HRW Management Corporation, 1183 West
Chatham Street, Cary, North Carolina 27513, has applied for a Department of the Army (DA)
permit TO EXCAVATE 7,500 CUBIC YARDS OF ACCUMULATED SEDIMENTS FROM
APPROXIMATELY 1.5 ACRES OF THE UPPER END OF LAKE LOCH LOMOND AND
DISCHARGE THE EXCAVATED MATERIAL INTO APPROXIMATELY 1.5 ACRES OF A
DEEPER PORTION OF THE LAKt; IN THE LONG BRANCH WATERSHED,
ASSOCIATED WITH LOCH LOMOND-IMPROVEMENT PROJECT, IN CARY, WAKE
COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed excavation of 3 feet of accumulated sediments
by bulldozer from approximately 1.5 acres of lake bottom, and the repositioning of the sediments
into 1.5 acres of a deeper portion of the lake bottom to provide for deeper water conditions at the
upper end the lake. The sediments will be moved by bulldozer from the upper portion of the
lake, where existing water depths range from 0 to 6 feet, to the middle if the lake, where existing
depths range from 6 to 9 feet. The 7,500 cubic yards of sediments will be repositioned after
water levels have been lowered to allow dry access to the work areas. Prior to excavation, a
diversion ditch will be dug to transport water entering the lake from Long Branch along the
eastern shoreline to a point below the sediment deposition area. A permanent sediment trap
measuring 10 feet across and 10 feet deep will be excavated immediately downstream of the
discharge of Long Branch into the lake to allow heavier sediments to be trapped before entering
the lake to prevent future sediment accretion. The purpose of the work is to provide for deeper
water at the upper end of the lake. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the

2
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resoftice investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on the
public interest requires a careful weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected to accrue from the proposal
must be balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That decision should
reflect the national concern for both protection and utilization of important resources. All factors
which may be relevant to the proposal must be considered including the cumulative effects
thereof. Among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in
accordance with Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. For activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the discharge that would be authorized by
such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the
public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
1
3
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302,
306, and 307 of the Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), Wetlands/401 Unit, 1621 Mail Service Center, Raleigh, North Carolina 27699-
1621, on or before November 15, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Todd Tugwell, until 4:15 p.m., November 22, 2000, or telephone
[phone], extension 26.

UM 4,7, i"TDs
1. West Green forest Drive 4. Loch Haven Lane
2. Summerview Lane 5. Ripplewater Lane
3. Loch Pointe Drive 6. Rustlewood Lane
Purpose: To remove silt build up
at the north end of the lake
Site Location
Proposed silt removal and discharge
Adjacent property owners
see exhibit 3
Loch Lomond, Lochmere
IN: Lynn's Branch of Swift Creek
AT: Lochmere PUD
Sheet 1 of 3
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Purpose: To remove silt build up
at the north end of the lake
Adjacent property owners
see exhibit 3
Plan View
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Proposed silt removal and discharge
IN: Lynn's Branch of Swift Creek
AT: Lochmere PUD
Sheet 2 of 3
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Purpose: To remove silt build up proposed silt removal and discharge
at the north end of the lake Section View
Adjacent property owners W: Lynn's Branch of Swift Creek
see exhibit 3
AT: Lochmere PUD
Sheet 3 of 3