20000043 Ver 1_COMPLETE FILE_20000112

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
1 ffl.?WAA •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 13, 2000
Montgomery County
DWQ Project # 000043
APPROVAL of 401 Water Quality Certification
Lewis K. May
790 Springwood Road
Mt. Gilead, NC 27306
Dear Mr. May:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.003 acre of
wetland and to construct 67 feet of seawall along the shoreline of Lake Tillery in Montgomery County to prevent
shoreline erosion, as you described in your application received by the Division of Water Quality on November 22,
1999. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3099. This certification allows you to use General Permit Number 198200030 when the Corps
of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you
must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone John Dorney at 919-733-9646.
RD
Attachment
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
File Copy
Central Files
000043
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
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3. TELEPHONE NUMBER: (HOME) 9?GL- S ?S? (WORK) S/9,W, '
4. IF APPLICABLE: AGXNi"S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: ni n% u N.d ell - p -1131- 5V 6 4o
S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR RIAL PHOTOGRAPHY WITH SCALE): /
COUNTY: NEAREST TOWN:
XZ104, SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)

6. WACTED OR /NEEAREEST
RIVER BASIN: 1-1,4 fi ,
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7. (a) IS PROJECT LOCATED NEARVATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES" NO IF YES, EXPLAIN: -??'-
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COAST4
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES NO V-
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
(a) HAVE ANY SECTION 404 PPMS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
(b) ARE ADDITIONAL PERMJT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES __._YO .L-- IF YES, DESCRIBE ANTICIPATED WORK:
(a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:
(b) ESTIMATED TOTAL NUMB EIiOF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: . 00.3_.a_ EXCAVATION: O
FLOODING: f? OTHER : l/
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (bued on no water oontours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(b) (2) STREAM CHANNEL IMPACTS WILL SULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: STRUCTION OF A DAM/FLOODING:
OTHER:

11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 RAWINGS ONLY)

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MDMN IZE WETLAND IMPACTS)
-l-,fkos,a^.) or ;noKrlL'.tlE
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY
FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR nMAM4ED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. DATE CONTACTED: t
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: /' -
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17. DOES THE PROJECT INVOLVE AN EXPEND OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES( ) NO (0--(IFNO, 001"018)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
rA DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
(b) 7 YES, HAS THE DOCUMENT BEEN EPARTMENT ADNIINISTRATION STATE CLEARINGHOUSE? YES R() NO ( )
4 D
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE WTTH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADUBMSTRATION,116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 276034003, TELEPHONE [phone].

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18. ACCTIVITTY (INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL' INTO PROPOSED
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAM (RnW TfTENT AND PMOAANENT) ON THE PROPERTY MUST
BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 F OF 1,ro,?
INCH EQUALS 100 FEET OF THEIR ? SpFEwETI??NDS ?E IMPACTED T'ED BY
(b) IF AVAILABLE, REPRESENTATIVE
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS 4'5",6W'
RELEVANT TO THE PLACEMENT OF TER DELINEATION IF REQUIRED. A11,4
(d) ATTACH A COPY OF THE STORMW
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY?
(I) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE McACTED PRIOR TO:
?I 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
Ila
OWNER AGENT'S SIGN DATE
(AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS
PROVIDED).
(a) SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.

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