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HomeMy WebLinkAbout19970704 Ver 1_COMPLETE FILE_19970813State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director ?EHNR September 9, 1997 Montgomery County WQC 401 Project #970704 APPROVAL of 401 Water Quality Certification Mr. Christopher Raeker 1237 Hawthorne Drive Matthews, North Carolina 28105 Dear Mr. Raekw.. You have our approval, in accordance with the attached conditions, to place fill material in waters for the purpose of constructing a seawall at 360 Fairway Shores, Mt. Gilead, as you described in your application dated August 13, 1997. 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 030 when it is issued by the Corps of Engineers. 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 Watershed regulations. Also 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 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). 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. 27611-7447. 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 919-733-1786. Sincerely, f ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Dorney Central Files 970704.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper MEMORANDUM PRINT NAMES: Reviewer TO: JOHN DORNEY WQ SUPV.: _ ENVIRONMENTAL SCIENCES BRANCH DATE: -/7 i SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ** PERMIT YR: 97 PERMIT NO: 0000704 COUNTY: MONTGOMERY APPLICANT NAME: CHRISTOPHER JAMES RAEKER PROJECT TYPE: BANK STABILIZATION PERMIT TYPE: GP30 COE #: RCD_FROM _CDA: REG_OFFICE : APP FRU DOT #: DATE FRM CDA: SEP X991 i.llcE ACES RIVER AND SUB BASIN ff: 030708 STREAM-CLASS: WSIIVB'-s WL_IMPACT?: Y(1:/ WL_REQUESTED: WL_SCOREM : MITIGATION?: Y&V STR INDEX N0: 13-1 WL_TYPE WL_ACR_EST? WATER IMPACTED BY FILL? : Y/N It S s MITIGATION_TYPE : /(//*-. MITIGATION SIZE: DID YOU REQUEST MORE INFO?: YO IS WETLAND RATING SHEET ATTACHED? 6/N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y RECOMMENDATION (Circle One) SS UESSUE/COND DENY COMMENTS : T ?7? ? J/L%f//IG1lG? -G/.C!/vL r /// A D?CL?1 ./" ??-- i?Zi 17 F _ /l ® _ r N CC: Regional Office Central Files Project N, County,/, Name of E feet W 70--? -/Zon pond or lake on perennial stream on intermittent stream within interstream divide other Adjacent land use (within 1/2 mile upstream, upslope, or radius) forested/natural vegetation co ?%culture, urban/suboan .?. % unpervious surface 5 % Dominant vegetation Soil series (1) i2n predominantly organic - humus, muck, Peat e predominantly mineral non-sandy predominantly sandy Hydraulic factors steep topography ditched or channelized total wetland width a 100 feet (2) (3) Flooding and wetness semipermanently to permanently flooded or inundated seasonally flooded or inundated intermittanly flooded or temporary surface water no evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest Pine savanna Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocosin Carolina Bar Bog forest Other *the rating s?+stem cannot be applied to salt or brackish marshes or stream channels ---- ------- ----- tt weight y. _, ... ;,.. Wetland R Water storage x 4.00 = Rating A Bank/Shoreline stabilization x .4.00 = T Pollutant removal * x 5.00=- Wildlife habitat x 2.00 = N Aquatic life value x 4.00 = <:. G Recreation/Education x 1.00 - *Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream, u?sl pei or radius_- ----------------------------------------------- e Nearest Road '5 ?1e ® etland Area _r_ acres Wetland Width ,,' A.. N i DEM ID: -!0!7 n 7 "CORPS ACTION ID:, NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: 2. MAILING ADDRESS: (SUBDIVISION NAME : CITY: STATE: / V •Ci• ZIP CODE: ?S PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 41 4? AT, L JA' L466 3. TELEPHONE NUMBER (HOME) : 61w) y o?- (WORK) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: NEAREST TOWN OR CITY: 1 X /. 1 U .. ..... H O O a o W w ON H W CO L. W Z I LO 1. H N v WOOED 1 0 = (3 ?I E WCD CO LO -4N N W M O 8r O ED OU W U)CD z•4 z o U z uQi O U H O W W E. W E- Z L) ED E. (D 0 z O z s .4 M ..4 F H to O H W H 3=) a•SEQ cn V{ A Q im U )zh v w H U a N a tl W U H Cy U O H w a U) O W ca z o U) N H W O ?O m [. w W W H - I t0 t. U ix H O H H H 1 0 . 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PI W zM a Ly tr v Kx E- x W Ex C)H.-1 H HH=:) W H W M 1 W t) W 1 W a' F Q a 1 W W fI) W I aU I ID •• (n K W M C9 Qa OOM Z UH tO ,-) - Yn WQ0HM q,• Oa.< w = n Q f? ILA .f)r O= W - W a [.. M DD r (., tO 01 w E O r- a. L. U) ,f.+ yl 6 r CL W W H O S Y U > W ai W P7 O L+ S E- O F r^ s 0 r^ ,9N6, O r- C) U) Nom, 0 O Y• Q W SQ, 'I. Q N U O N .--? O H W E W- E K E-• .-+ H J U) Cu a r a, ? y a O Z O, - R H Z U W 6, 0LLaWU1 0 - 'yz a. 0 t7= nU WMU HMZ (py? a OHOU E. U)'7 " 000- W }•Z Pl W 0 U)0.-- xL [il . -. (n H W c? ZUO LO o UaJ W U) Y. U H>F Z p{y? ZZQOa W Z w W x0 W O Z x, W x 0 Hx020 [.. c7m L.D2 11yy K. xH V) 20 t7Q L-')x f5 SOU OH HO=ED x ED 2:w E-FUm: H H a. O W W H a. W h rn 2> co H as to H W H' H (L - W W W E F W W H H F Z W H W W 01 W Q N W W U)a0 .3 tt tt W M QUO,aa O 2 W E >a W=C) .I a H 0 W G4 O a to a U) ,C) W r? rr _)a a.dF H {? F InZ n:E Vl L 0 Z 4 a F U ?x?o F f SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I O WS-II) ? YES /[ J --?N?O [ ] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO 7c. 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?, 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERM; REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: DRAINAGE: EXCAVATION: OTHER: TOTAL ACRES TO BE IMPACTED: 10b. (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 (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION 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: 8 1/2" X 11" DRAWINGS ONLY) : jj:?w ti lJ ok ' /1Jh ?f ?. ECG 13. PURPOSE OF PROPOSED WORK: hp'--m 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ J NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH 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 ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. I? 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO 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 STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (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. OWNER'S GENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) N-61- 9q DATE 5 0 70'7 0 4 Action ID No. 198200030 Name of Permittee: General Public Effective Date: January 1, 1992 Expiration Date: December 31, 1997 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit, issued October 14, 1982, to perform work in or affecting navigable waters and waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary of the Army by the District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE MAINTENANCE, REPAIR, AND CONSTRUCTION ACTIVITIES IN LAKES AND RESERVOIRS, IN THE STATE OF NORTH CAROLINA, OWNED, OPERATED, AND/OR REGULATED BY PUBLIC UTILITY COMPANIES UNDER LICENSE FROM THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) AND ALL LAKES OR RESERVOIRS IN THE STATE OF NORTH CAROLINA OWNED AND OPERATED BY THE TENNESSEE VALLEY AUTHORITY (TVA). Activities and work authorized are: (1) construction of boat docks and shelters, boathouses and ramps using materials commonly acceptable for such construction such as unsinkable flotation materials, pressure treated lumber, creosoted pilings and concrete; (2) excavation of boat basins and canals/channels for recreational boating; (3) construction and backfill of bulkheads and placement of riprap material along eroding shorelines for shoreline stabilization and erosion control; (4) installation of submerged and aerial utility lines where U.S. Coast Guard requirements for aerial lines are met and pre-project contours are restored;'and (5) construction of water intake and waste water discharge structures where other State and Federal agencies' requirements are met. These lakes and reservoirs were constructed and exist primarily for the purposes of generating and producing hydroelectric power. They were constructed and operate under laws and regulations administered by FERC and TVA. Activities within these waters are the primary concern of, and should be regulated by, those parties. This general permit applies to all waters on or within lands owned or under flowage easement to public utility companies or TVA. J / i' 1. Special Conditions. -2- a. All floating structures will be supported by flotation material which will not waterlog or sink when punctured. b. Bulkhead and riprap structure alignments will not extend farther than an average distance of 2 feet waterward or a maximum distance of 5 feet from the normal high pool elevation contour and may not extend more than 500 feet in length along the shoreline. c. Not more than an average of one cubic yard of fill material per running foot of shoreline will be placed within waters of the United States. d. All baekfill material will be obtained from an upland source and confined landward of the permitted bulkhead. e. All fill, including riprap material, discharged into waters of the United States must be suitable material, and material discharged must be free from toxic pollutants in toxic amounts. Use of metal products, organic materials, petroleum base materials, or unsightly debris is prohibited. f. All excavated material will be placed landward of the normal high pool elevation contour and confined by adequate dikes or other retaining structures to prevent erosion and sedimentation: g. The temporary placement or double-handling of excavated or fill material waterward of the normal high pool elevation is not authorized. h. The minimum clearance for aerial power transmission lines will be governed by the system voltage as shown below: Nominal System Voltage, Kilovolts ------------------------- 115 and below 138 161 230 350 500 700 750-765 Minimum Clearance (ft) Above Bridge Clearances ------------------------ 20 22 24 26 30 35 42 45 Clearances are based on the low point of the line under conditions which produce the maximum sag considering temperature, load, wind, length, span and type of supports. Clearances for communication lines, stream gaging cables, ferry cables, and other aerial crossings will be a minimum of 10 feet above clearances required for bridges. -3- i. If an easement to fill or cross state or utility company bottoms is required by the North Carolina Department of Administration, State Property Office, or the reservoir utility company, such easement must be obtained prior to proceeding with work authorized by this general permit. J. Where the activity has a potential to significantly affect any land or water use or natural resource of the North Carolina coastal area, a consistency determination or certification, as appropriate pursuant to 15 CFR 930, must be provided to the North Carolina Division of Coastal Management. 2. General Conditions. a. All activities authorized by this general permit that will involve the discharge of dredged or fill material into waters of the United States will be consistent with applicable water quality standards, effluent limitations, and standards of performance, prohibitions, pre-treatment standards, and management practices established pursuant to the Clean Water Act (33 U.S.C. 1413), and pursuant to applicable State and local law. Activities that will involve the discharge of dredged or fill material into waters of the United States will require that an applicant apply for and obtain a Water Quality Certification from the North Carolina Division of Environmental Management in accordance witty Section 401 of the Clean Water Act before any work is authorized by this general permit. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of the activities authorized by this general permit. c. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms and conditions of this general permit, shall, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, effect compliance with the terms and conditions or return the worksite to a pre-work condition. d. The permittee must make every reasonable effort to perform the authorized work in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. e. The permittee must perform the authorized work in a manner so as to minimize any degradation of water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. iI "Ab l -4- f. The permittee will permit the Wilmington District Engineer, or his representative, to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed in strict accordance with the Special and General Conditions of this general permit. g. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, state, or local laws or regulations, nor does it obviate the requirement to obtain state or local assent required by law for the activity authorized herein. h. Authorization provided by this general.permit may be either modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Unless subject to modification, suspension, or revocation, the term of this general permit shall be 5 years. Any modification, suspension, or revocation of authorization shall not be the basis for any claim for damages against the U.S. Government. i. This general permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damages or injury to the structures or authorized work, which may be caused by or result from existing or future operations undertaken by the United States in the public interest. J. This general permit will not be applicable to proposed construction when the Wilmington District Engineer believes that the proposed activity would-significantly affect the quality of the human environment and determines that an Environmental Impact Statement (EIS) must be prepared. k. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act, and wild, scenic, and recreational rivers established by State and local entities. (2) Historic, cultural, or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations and in the National Historic Preservation Amendment Act of 1980. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. -5- (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). 1. Permittees are advised that development activities in or near a regulatory floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. m. At his discretion at any time during the processing cycle, the Wslmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. n. The permittee or the permittee's successors will maintain the authorized work in good condition and in conformance with the terms and conditions of the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: /s/ Walter S. Tulloch Colonel, Corps of Engineers District Engineer Sketch must be submitted by Lessee to Carolina Power & Light Company that shows: 1. Lessee's name, address and phone number. 2. Lot number and subdivision. 3. Allocation lines that determine facilities location. 4. Lot (at least portion joining CP&L and direction of side lines), Company land and shoreline. 5. Existing square footage (water area covered) of water dependent structures. 6. Description of facilities desired. 7. Dimensions of facilities desired. 8. Proposed square footage (water area covered) of new water dependent structures. 9. Maximum distance facilities will extend horizontally into Lake Tillery. Address to use: Carolina Power & Light Company P.O. Box 568 Mt. Gilead, N.C. 27306-0568 ATTN: Jimmy C. Chisholm Regional Regional permits are issued by the District Corps of Engineers offices for specific activities within a district. The Wilmington District COE office, which encompasses the entire state, has issued thirteen regional permits for use in North Carolina (Table 4). General Certifications have been issued by DEM for eleven of the regional permits (Table 4). The remaining two regional permits do not require certification. TABLE 4 REGIONAL PERMITS Permit WQC Number Number Purpose 020 2678 Fish enhancement structures in mountain trout waters 030 2674 Work in lakes and reservoirs owned and operated by TVA or FERC regulated public utilities 031 2735 Work associated with bridge construction maintenance or repair that is conducted by NCDOT or a state, federal or local government entity 048 1379 Emergency construction and repair of primary dunes on ocean beaches 049 2664 Aerial and subaqueous utility lines, attendant structures and temporary access roads 056 (a) Construction, maintenance and repair of piers, docks and boathouses in navigable waters 079 2674 Work in COE reservoirs 080 2665 Construction and maintenance of bulkheads 125 2745 Construction and maintenance of boat ramps 194 2677 Artificial reefs and fish attractors in coastal and offshore waters 277 2676 Dredging activities in upland manmade basins and canals and maintenance dredging in basins and canals in open water 291 (b) Coastal Area Management Act (CAMA) 297 2679 Fire control activities on federal or state owned property and fire control activities on private property when conducted by the U.S. Forest Service or N.C. Division of Forest Resources (a) 401 water quality certification not required. (b) 401 water quality certification may be required. 8 ?i CURRENT OEM REQUIREMENTS FOR 401 WATER QUALITY CERTIFICATIONS May 1992 Has 401 General Is Written Public Type of Permit CartiRcation Application Notice? been issued? Required (a]? [b] L Nationwide (C) a) 26 1) < 1/3 acre Yes No No 2) 113 to 10 acres Yes Yes No 3) 1 to 10 acres: SA. No Yes Yes trout. HOW. ORW, WS 1&11 b) 14 Yes Yes No c) 6,12,13(d),15.16. 18(e),23,33,38.40 Yes Yes No d) 3.4.5.7.20.22.25. 27.32.36.37 Yes No No e) 1.2.8.9. 10.11,19. 24.28.35 Not required No No f) 17.21.34 Denied Yes (f) Yes II. R Tonal Yes (g) Yes - No II. Individual No Yes Yes Abbreviations: COE _ (U.S. Army) Corps of Enaineers DCM = (N.C.) Division of Coastal Management OEM - (N.C.) Division of Environmental Manaoement HOW - High Ouafity Waters ORW - Outstanding Resource Waters SA - (commeraaq Shellfishing (Classification) WOC - Water Quality Certification WS -Water Supply (classification) Footnotes: (a) Seven copies of DEMICOE application required unless applying for CAMA permit. (b) Public Notice may be issued by OEM. DCM or COE. [c; COE decides whether Nationwae. Regional or Individual Permits are required. [d] Application is not required it bulkhead is less than 500 feet long.. [e) Application is not required if discharge is less than 10 cubic yards. [f) Individual Certification required. (g] Regional Permit 056 does not require Certification. HNC ?y L: N Q L U? irG \y Gf -7 - I _4 .t PAR x1c.?',Qt* -c ep Laa RD. J} ?? : ?c .i N1CK . ej x Q O 9 r LS,. ?N3 NM ?'p m is#, rya r; I''V ?o?d F??? ;:?ql( N°4bMF ' [q???? R + y () l?' , :srr' :tfu"' !41'cJd' 3xb? c r RQ, Id Q??_. ©r t I STO SO 4 > I'd MONTGak CRK. 9l.ACf i f... ?? .:-: ! E'; / M ?o o 'Q •, ? 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