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HomeMy WebLinkAbout19991335 Ver 1_COMPLETE FILE_19991216State 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 / • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 9, 1999 Rowan County DWQ Project # 991335 APPROVAL of 401 Water Quality Certification James Eddie Bunton 350 Blue Heron Road Salisbury, NC 28146 Dear Mr. Bunton: You have our approval, in accordance with the attached conditions and those listed below, to excavate 0.1 acre of wetland/lake bottom on High Rock Lake for the purpose of pier construction as you described in your application received by the Division of Water Quality on December 6, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 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. 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 919-733-9646. Attachment cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File Copy Central Files in er 1 , '?'l rr T Leven 991335 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetlandc.htmI Dec,rjti) hpj, 2-, I CNO) 1111 L .1 ell DeAv Vir, ?. Sohn ?los??r( VoO r CdprA'rm CXC'lLV(I--h()1 rYiN 1lvrh e P ?' P hak- P?? ch c k- Wui' he( ?v,+b his rm-p(? hot been rnosf a p pw .t4od . Zf yc w ha t;-P 6' m,s P)-eas--e- C o ntzt r? m W, 4.e a.+ rk d - (13' -61381 lay -N Ohn. .4 ? G i n -H1(4 v_ y o n 4)-( q o u( be Ir . ?ht?t (?u I J?? W November 2, 1999 US Army Corps of Engineers Mr. Steve Chapin, Program Manager 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 North Carolina Divison of Water Quality Mr. Todd St. John 4401 Reedy Creek Road Raleigh, NC 27607 v ' Dear Sirs: ._; 'f `'?f CJ r (E:1Vt D I would like to apply for an application to excavate dirt. 1 am a homeowner at High Rock Lake in Salisbury, North Carolina in Rowan County. I am wanting to remove approximate 3 feet of dirt in order To obtain an 8 feet depth allowing us to get a pier permit. Enclosed is a map of our property with the area highlighted we need to excuvate. Also enclosed is a map Showing the position of our property on High Rock. I have contacted Daves Grading and Hauling in Salisbury to do the excavation once we can get approval. He plans to dispose of the dirt on an offsite location. There is no vegetation in the proposed area and by removing dirt should improve the fish habitat. The water is completely gone from this area at the present time. We need to complete this project before the lake level returns to normal. I would like to thank you for your time and consideration for my application. I look forward to hearing from you soon. Sincerely, mes Eddie Bunton 350 Blue Heron Rd. Salisbury, NC 28146 (704) 638-9397 hLl VI ' RQ!? Sd r. WHITE CRANE I Rw --- 20Ab I ti 0 4 SITE ? z s 9. ??as c a a raven ro0 v 2164 2163 t ?. CLARk ' c a VICAVITY MAP NOT TO SCALE ? n .'yt 1 t? ---- TIR ?, ,1? a 11'IObI" E ALUM11AM COWAM/ of AWRICA t BLa4• Jh. 'V k Itz 1 PT. 16 1 j S 86' OI' 43" E - I 2a4.25 ' •/ 1 ?_ - - - -- .- ,_ - "RAVEL ORI VEWAY - -- - k rl o?? $1.44' -PART OF- Q A. LOT 16 WELL 27.78 O / r --1-? 1 t 1.81' 1 Ap ? W wti F ' q CONCRETE FOUNDATION LOCATION ONLY 0.935 ACRE + 49.70- . I?1 J N 86' 00" W ! 291.3 T' 1? fl j WAYNE R. BARNETT D.B. 805-328 14 PROPERTY SURVEY FOR JAMES E. BUNTON and Wife, SANDRA K. 0 ?o ?N m w 0 N U A m 0 0 w m m O w D v !ti O D m v i BUNTON I 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 t!aF?rr•? NCDEN DIVISION OF WATER QUALITY November 16, 1999 Mr. James Eddie Bunton 350 Blue Heron Road .w _ Salisbury, NC 28146 "t J Possible Dredging Project Dear Mr. Bunton: R??CL > Z7 10SU This Office is in receipt of your letter on November 5, 1999 regarding a possible dredging project. In order to dredge waters or wetlands along High Rock Reservoir, you will need to apply for and receive a 401 Water Quality Certification from this Office. (Please be advised that you will also likely need to receive approval from the Army Corps of Engineers.) Please find the enclosed Pre-Construction Notification Application with instructions along with the letter and supporting information that you sent to this Office. Seven copies of a completed application should be submitted to this Office along with appropriate documentation such as maps and a site plan that clearly detail the proposed impacts to surface waters and/or wetlands. Also, please be advised that as of January 1, 1999 an application fee made out to the North Carolina Division of Water Quality must be submitted along with the application in order for the application to be processed. The fee is $200.00 for impacts of less than 1 acre of waters or wetlands and less than 150 feet of stream or $475.00 for impacts of greater than 1 acre of waters or wetlands and greater than 150 feet of stream. If you have any questions regarding this matter, please contact Mr. Todd St. John at (919) 733-9584. Sincerely, John R. Dorrt y 116A - Wetlands Unit Supervisor cc: Mr. Todd St. John, Wetlands Unit Mooresville Regional Office 4401 Reedy Creek Road, Raleigh, NC 27607 Telephone 919-733-1896 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 4 i 3 THIS PACKET OF INFORMATION PROVIDED TO ASSIST YOU IN - COMPLETING THE PRE- CONS TR UCTION NO TIFI CA TION (PCN) FORM THAT IS REQUIRED BY THE U.S ARMY CORPS OF ENGINEERS AND THE NORTH CAROLINA DIVISION OF WATER QUALITY WHEN APPLYING FOR CERTAIN NATIONWIDE PERMITS AUTHORIZED BY THE U.S. ARMY CORPS OF ENGINEERS ENCLOSED YOU WILL FIND THE FOLLOWING: 1. NATIONWIDE PERMIT REQUIREMENTS TABLE INSTRUCTION SHEET - This sheet provides instructions on how to locate the number and title of the Nationwide permit being applied for. Each of the Nationwide permits includes terms and conditions which are not summarized in this document. Before deciding if a particular Nationwide permit covers your proposed work, you should consult either the Code of Federal Regulations 33 CFR Part 330 or the local. Corps of Engineers Regulatory Field Office. 2. NATIONWIDE PERMIT REQUIREMENTS TABLE - This table lists the numbers and titles of available Nationwide permits and - agencies to be notified. 3. PRE-CONSTRUCTION NOTIFICATION FORM - This form requests information from the applicant with regard to the proposed work to, occur in wetlands. NATIONWIDE PERMIT REQUIREMENTS TABLE INSTRUCTION SHEET 1. Locate Permit Requirements Table. 2. Locate top, far left column designated as "Nationwide Permits (NtiVP) Numbers and Titles". Follow the column down to determine the number and title of the Nationwide permit for which you are applying. (example: 1 Minor Discharges) 3. Follow the row across for the specified Nationwide permit in which you are interested to determine to e requirements for notification to each agency listed in the six columns. FOR ACTIVITIES THAT MAY BE AUTHORIZED BY THE ABOVE LISTED NATIONWIDE PERMITS (5, 7, 12, 13, 14, 17, 18, 21, 26, 29, 33, 37 AND 30) THAT REQUIRE NOTIFICATION TO THE U.S. ARMY CORPS DISTRICT ENGINEERS, THE APPLICANT SHALL NOT BEGIN WORK: a. UNTIL NOTIFIED THAT THE WORK MAY PROCEED UNDER THE NATIONWIDE PERMIT WITH ANY SPECIAL CONDITIONS IMPOSED BY THE DISTRICT ENGINEER, OR b. IF NOTIFIED THAT AN INDIVIDUAL PERMIT IS REQUIRED, OR c. UNLESS 30 (CALENDAR) DAYS HAVE PASSED FROM THE TIME A COMPLETE NOTIFICATION IS RECEIVED BY THE DISTRICT ENGINEER, AND REQUIRED STATE APPROVALS HAVE BEEN OBTAINED. REQUIRED STATE APPROVALS INCLUDE: 1) A SECTION 401 WATER QUALITY CERTIFICATION IF AUTHORIZATION IS REQUESTED FOR A DISCHARGE OF DREDGED OR FILL MATERIAL, AND 2) COASTAL ZONE MANAGEMENT CONSISTENCY DETERMINATION IF THE ACTIVITY IS LOCATED IN ANY OF NORTH CAROLINA'S 20 COASTAL COUNTIES (SEE BELOW FOR A LIST OF THESE COUNTIES). * ITEM c ABOVE DOES NOT APPLY TO NWP 12 AND MAY NOT APPLY IN TROUT WATER COUNTIES. COASTAL COUNTIES IN NORTH CAROLINA BEAUFORT BERTIE BRUNSWICK CHOWAN CRAVEN CURRITUCK HERTFORD HYDE NEW HANOVER PASQUOTANK PENDER PERQUIMONS TROUT COUNTIES IN NORTH CAROLINA ALLEGHANY ASHE AVERY BURKE CALDWELL CHEROKEE GRAHAM HAYWOOD HENDERSON MACON MADISON McDOWELL POLK RUTHERFORD STOKES SWAIN TRANSYLVANTIA WATAUGA YANCEY CAMDEN CARTERET DARE GATES ONSLOW PAMLICO TYRELL WAHINGTON BUNCOMBE CLAY JACKSON MITCHELL SURRY tiVILKES NORTH CAROLINA COUNTIES LISTED BY APPROPRIATE US COE FIELD OFFICES RALEIGH REGULATORY FIELD OFFICE ALAMANCE GRANVILLE STOKES ALLEGHANY GUILFORD SURRY ASHE HALIFAX VANCE CASWELL JOHNSTON WAKE CHATHAM LEE WARREN DAVIDSON NASH WILKES DAVIE NORTHAMPTON WILSON DURHAM ORANGE YADKIN EDGECOMBE PERSON FRANKLIN RANDOLPH FORSYTH ROCKINGHAM ASHEVILLE REGULATORY FIELD OFFICE ALEXANDER GASTON MECKLENBURG YANCEY AVERY GRAHAM MITCHELL BUNCOMBE HAYWOOD POLK BURKE HENDERSON ROWAN CABARRUS IREDELL RUTHERFORD CALDWELL JACKSON STANLY CATAWBA LINCOLN SWAIN TRANSYLVANIA CHEROKEE MACON UNION CLAY CLEVELAND MADISON McDOWELL WATAUGA WASHINGTON REGULATORY FIELD OFFICE BEAUFORT GATES PASQUOTANK BERTIE GREEN PERQUIMMONS CAMDEN HERTFORD PITT CARTERET HYDE TYRELL CHOWAN JONES WASHINGTON CRAVEN LENIOR N WAYNE (CROATAN NATIONAL FOREST ONLY) CURRITUCK MARTI DARE PAMLICO WILMINGTON REGULATORY FIELD OFFICE ANSON BLADEN BRUNSWICK CARTERET COLUMBUS CUMBERLAND DUPLIN HARNETT HOKE MONTGOMERY MOORE NEW HANOVER ONSLOW PENDER RICHMOND ROBESON SAMPSON SCOTLAND NATIONWIDE REQUIRES REQUIRES REQUIRES REQUIRES REQUIRES REQUIRES PERMITS NOTIFICATION APPLICATION NOTIFICATION NOTIFICATION NOTIFICATION COORDINATIO NUMBER AND TO THE US TO NC TO THE US FISH TO NATIONAL TO STATE N WITH THE NC TITLES ARMY CORPS DIVISION OF AND WILDLIFE MARINE HISTORIC DCM IN DISTRICT WATER SERVICE FISHERIES PRESERVSTION COASTAL ENGINEER QUALITY TO SERVICE OFFICE COUNTIES OBTAIN 401 W I. AIDS TO NO NO NO NO NO YES, IF NAVIGATION INVOLVES AREA OF ENVIRONMENT AL CONCERN (AEC) 2. STRUCTURE NO NO NO NO NO YES. IF INVLOVES AEC 3. NO NO NO NO NO YES, IF MAINTENANCE APPLICATION INVOLVES AEC NEEDED. GENERAL CERTIFICATION ISSUED WITH CONDITIONS 4. FISH AND NO NO NO NO NO YES WBDLIFE APPLICATION - DEVICES NEEDED. GENERA. CERTIFICATION ISSUED WITH CONDITIONS 5. SCIENTIFIC YES, BUT ONLY NO YES. TO YES. TO YES, TO YES MEASUREMEN FOR APPLICATION DETERMINE DETERMINE DETERMINE T DEVICES DISCHARGES NEEDED. THE PRESENCE THE PRESENCE THE PRESENCE OF 10 TO 25 GENERAL. OF OF OF CUBIC YARDS CERTIFICATION ENDANGERED ENDANGERED ENDANGERED ISSUED WITH SPECIES THAT SPECIES THAT SPECIES THAT CONDITIONS MAYBE MAYBE MAYBE AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECT, PROJECT. PROJECT, PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 6. SURVEY NO YES NO NO NO YES ACTIVITIES 7. OUTFALL YES NO YES. TO YES, TO YES, TO YES STRUCTURES APPLICATION DETERMINE DETERMINE DETERMINE NEEDED, THE PRESENCE THE PRESENCE THE PRESENCE GENERAL OF OF OF CERTIFICATION ENDANGERED ENDANGERED ENDANGERED ISSUED WITH SPECIES THAT SPECIES THAT SPECIES THAT CONDITIONS MAYBE MAYBE MAYBE AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECT, PROJECT, PROJECT, PROVIDE PROVIDE PROVIDE RESPONSE. RESPONSE RESPONSE 8. OIL AND GAS NO NO NO NO NO YES. IF STRUCTURES INVLLVES AEC 9. STRUCTURES NO NO NO NO NO YES. IF IN FLEETING INVOLVES AEC AND ANCHORAGE AREAS 10. MOORING NO NO NO NO NO YES. IF BUOYS INVOLVES AEC 11. NO NO NO NO NO YES. IF TEMPORARY INVOLVES AEC RECREATIONA LSTRUCTURES 12. UTum YES (see •1 NO NO NO NO YES, IF LINES below) APPLICATION INVOLVES AEC NEEDED. GENERAL CERTIFICATION ISSUED WITH CONDITIONS 13. BANK YES. BUT ONLY YES. FOR YES. TO YES. TO YES. TO YES. IF DETERMINE DETERMINE INVOLVES AEC STABILIZATION FOR ACTIVITIES IN DETERMINE E PRESENCE STABILIZATION EXCESS OF 50 THE PRESENCE T PRESENCE O ACTTJTITES IN EXCESS OF 500 FEET IN LENGTH OR OF ENDANGERED ENDANGERED ENDANGERED FEET IN WHERE SPECIES THAT SPECIES THAT SPECIES THAT LENGTH OR WETLANDS MAYBE MAYBE MAYBE GREATER ARE IMPACTED AFFECTED BY AFFECTED BY AFFECTED BY THAN AN THE PROPOSED THE PROPOSED THE PROPOSED AVERAGE OF PROJECT, PROJECT, PROJECT, ONE CUBIC PROVIDE PROVIDE PROVIDE YARD PER RESPONSE RESPONSE RESPONSE RUNNING FOOT (set 12 below) TO YES TO YES YES 14. ROAD YES. BUT ONLY YES YES, TO DETERMINE , DETERMINE . DETERMINE CROSSINGS FOR FU-LS IN THE PRESENCE THE PRESENCE THE PRESENCE SPECIAL OF OF OF AQUATIC ENDANGERED ENDANGERED ENDANGERED SITES INCLUDING SPECIES THAT SPECIES THAT SPECIES THAT WETLANDS. A MAYBE AFFECTED BY MAYBE AFFECTED BY MAYBE AFFECTED BY DELINEATION THE PROPOSED THE PROPOSED THE PROPOSED OF AFFECTED PROJECT PROJECT, PROJECT. SPECIAL AQUATIC SITES , PROVIDE PROVIDE PROVIDE _ MUST BE RESPONSE RESPONSE RESPONSE INCLUDED NO NO YES 15. USCG NO YES NO APPROVED BRIDGES NO NO YS NO YES NO 16. EFFLUENT UPLAND DIKES ' TO YES TO YES YES YES YES O YES. 1 . . 17. DETERMINE DETERMINE DETERMINE HYDROPOWER THE PRESENCE THE PRESENCE THE PRESENCE OF OF OF ENDANGERED ENDANGERED ENDANGERED SPECIES THAT SPECIES THAT SPECIES THAT MAYBE MAYBE MAYBE AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECT, PROJECT. PROJECT. PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 18. MINOR YES. BUT ONLY YES. BUT ONLY YES. TO YES, TO YES. TO YES DETERMINE DETERMINE DISCHARGES WHE`I FOR PROJECTS WITH GREATER DETERMINE THE PRESENCE THE PRESENCE THE PRESENCE- DISCHARGE EXCEEDS 10 THAN 10 CUBIC O OF ENDANGERED ENDANGERED CUBIC YARDS YARDS OF FILL IN WATERS OF ENDANGERED SPECIES THAT SPECIES THAT SPECIES THAT OR THE DISCHARGE IS THE US ONLY MAYBE MAYBE MAYBE AFFECTED BY AFFECTED BY IN A SPECIAL AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED AQUATIC SITE: PROJECT, PROJECT. PROJECT, A DELINEATION PROVIDE PROVIDE PROVIDE RESPONSE OFTHE RESPONSE RESPONSE AFFECTED SPECIAL. A UAITC SITE UIRED FROM THE DISTRICT ENGINEER ONLY, BEFORE WORK *I WRITTEN CONCURRANCE IS REQ E NORTH CAROLINA DIVISION OF WATER QUALITY AND CAN BEGIN. NONE IS REQUIRED FROM TH NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT. *2 THIS MEASUREMENT IS TAKEN BELOW THE ORDINARY HIGH MARK OR TIDE LINE. 19. MINOR NO NO NO NO NO YES, AEC DREDGING 20. OIL SPELL NO NO NO NO NO YES. AEC CLEANUP APPPLCCATION REQUIRED, GENERAL CERTIFICATION ISSUED WITH ` CNDTIONS __ 21. SURFACE YES. MUST YES _ YES, TO YES, -1-0 YES, TO NO, THIS COAL MINING INCLUDE A DETERMINE DETERMINE DETERMINE PERMIT IS NOT DELINEATION THE PRESENCE THE PRESENCE THE PRESENCE AVAIL\BLE IN OF AFFECTED OF OF OF COASTAL SPECIAL ENDANGERED ENDANGERED ENDANGERED COUNTIES AQUATIC SITES SPECIES THAT SPECIES THAT SPECIES THAT INCLUDING MAYBE MAYBE MAYBE WETLANDS AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECTS. PROJECTS, PROJECTS, PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 22. REMOVAL NO NO NO NO NO YES. AEC OF VESSELS APPPLICATION REQUIRED. GENERAL CERTIFICATION ISSUED WITH CNDTIONS 23. NO NO NO NO NO YES. AEC CATEGORICAL APPPLICATION OTHERWISE EXCLUSIONS REQUIRED. MUST JUST GENERAL PROVIDE CERTIFICATION DESCRIPTION ISSUED wnm OFPROPOSAL CONDTIONS NOTIFICATION REQUIRED 24. STATE NO NO NO NO NO NO, THIS ADMINISTERED PERMIT IS NOT SECTION 404 AVAILABLE IN PROGRAM COASTAL COUNTIES 25. NO NO NO NO NO YES. AEC STRUCTURAL APPLICATION DISCHARGES NEEDED GENERAL CERTIFICATION ISSED WITH CONDITIONS 26. HEAD YES, BUT ONLY YES. BUT ONLY YES, TO YES, TO YES, TO YES. AEC WATERS FOR IMPACTS FOR PROJECTS DETERMINE DETERMINE DETERMINE /ISOLATED GREATER WITH GREATER THE PRESENCE THE PRESENCE THE PRESENSE WATERS THAN ONE THAN ONE- OF OF OF HISTORIC ACRE TOTAL;; THIRD ACRE EFNDANGERED EFNDANGERED PROPERTIES NOTIFICATION FELL OF SPECIES THAT SPECIES THAT THAT MAY BE MUST INCLUDE WETLANDS OR MAYBE MAYBE AFFECTED BY A 150 LINEAR AFFECTED BY AFFECTED BY THE PROPOSED DELINEATION FEET OF THE PROPOSED THE PROPOSED PROJECT; OF AFFECTED STREAMS PROJECT; PROJECT; PROVIDE SPECIAL PROVIDE PROVIDE RESPONSE AQUATIC RESPONSE RESPONSEE SITES. INCLUDING WETLANDS 27. WETLAND NO YhS Nu •v .w RESTORATION 28. NO NO NO NO NO YES, AEC MODIICATION S OF EXISTING MARINAS 29. SINGLE YES. MUST NO YES, TO YES, TO YES. TO NO. THIS FAMILY INCLUDE A APPLICATION DETERMINE DETERMINE DETERMINE PERMIT IS NOT HOUSING DELINEATION NEEDED THE PRESENCE THE PRESENCE THE PRESENCE AVAILABLE IN OF.AFIECTED GENERAL. OF OF OF HISTORIC COASTAL SPECIAL CERTIFICATION EFNDANGERED EFNDANGERED PROPERTIES COUNTIES AQUATIC ISSED WITH SPECIES THAT SPECIES THAT THAT MAY BE SITES. CONDITIONS; MAYBE MAY BE AFFECTED BY INCLUDING NOTIFICATION AFFECTED BY AFFECTED BY THE PROPOSED WETLANDS REQUIRED THE PROPOSED THE PROPOSED PROJECT; PROJECT; PROJECT; PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 32. COMPLETED NO NO NO NO NO YES. AEC ENFORCEMENT APPLICATION ACTIONS NEEDED GENERAL CERTIFICATION ISSED WITH CONDITIONS: 33. YES. MUST YES YES, TO YES, TO YES, TO YES TEMPORARY INCLUDE A DETERMINE DETERMINE DETERMINE CONSTRUCTIO RESTORATION THE PRESENCE THE PRESENCE THE PRESENCE N PLAN OF OF OF OF HISTORIC REASONABLE EFNDANGERED EFNDANGERED PROPERTIES MEASURES TO SPECIES THAT SPECIES THAT THAT MAY BE AVOID AND MAY BE MAY BE AFFECTED BY _ MINIMIZE AFFECTED BY AFFECTED BY THE PROPOSED IMPACTS TO THE PROPOSED THE PROPOSED PROJECT; AQUATIC PROJECT; PROJECT; PROVIDE RESOURSES PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 34. NO YES NO NO NO NO. THIS CRANBERRY PERMIT IS NOT PRODUCTION AVAILABLE IN ACTIVITIES COASTAL COUNTIES 35. NO NO NO NO NO YES. AEC MAINTENANCE DREDGING OF EXISTING BASINS 36. BOAT NO NO NO NO NO YES. AEC RAMPS APPLICATION NEEDED: GENERAL CERTIFICATION ISSED WITH CONDITIONS 37. YES APPLICATION YES. TO YES, TO YES. TO YES EMERGENCY NEEDED DETERMINE DETERMINE DETERMINE WATERSHED THE PRESENCE THE PRESENCE THE PRESENCE PROTECTION OF OF OF AND EFNDANGERED EFNDANGERED EFNDANGERED REHABI.I'TATI SPECIES THAT SPECIES THAT SPECIES THAT ON MAYBE MAY BE MAYBE AFFECTED BY AFFECTED BY AFFECTED BY THE PROPOSED THE PROPOSED THE PROPOSED PROJECT; PROJECT: PROJECT: PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 38. CLEANUP YES. MUST YES YES. TO YES. TO YES. TO YES OF INCLUDE A DETERMINE DETERMINE DETERMINE HAZARDOUS DELINEATION THE PRESENCE THE PRESENCE THE PRESENCE AND TOXIC OF AFFECTED OF OF OF WASTE SPECIAL EFNDANGERED EFNDANGERED EFNDANGERED AQUATIC SPECIES THAT SPECIES THAT SPECIES THAT SITES. MAYBE MAY BE MAYBE INCLUDING AFFECTED BY AFFECTED BY AFFECTED BY WETLANDS THE PROPOSED THE PROPOSED THE PROPOSED PROJECT; PROJECT; PROJECT; PROVIDE PROVIDE PROVIDE RESPONSE RESPONSE RESPONSE 40. FARM NO YES NO NO NO YES BUILDINGS DWQ ID: 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 CERTIFCATION 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAI'v E: h. J, .1????11 2. MAILING ADDRESS: 5L) B L(e- (T ro i 1 PC] SUBDIVISION NAME ?Uye, CITY: s b 'i-- STATE: ?. ZIP CODE: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): u 1 ?nK(j-) j /Bu Iii-oo , (W?' F" ) 3. TELEPHONE NUMBER: (HOME.) nq- - I ? Il??? (WORK) Q U`?? ? ??G? ?3 7' 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): n COUNTY: NEAREST TOWN: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) W cal n- Cc e sut9d. U?s6n 12?- a Lie 1 s I?ous IMPACTED OR NEAREST STREAMIRIVER: oLl 691, )C JL L J?' RIVER BASIN: YCI?t?I )1 LII?E_Y _--- 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER _ SUPPLY (WS-I OR WS-II)? YES ( ) NO (x) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO % K ) 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? N? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ( ) NO (X) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMI'T' AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES( ) NO (,) IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:-. 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: [c.Jc r - FILLING: d n EXCAVATION* o F r*D FLOODING: ho r\,Q _ OTHER : DRAINAGE : o Q- TOTAL ACRES TO BE IMPACTED: r0YI C_ 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF /RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: FT AFTER: WIDTH BEFORE (based on normal high water contours): F7 AVERAGE DEPTH BEFORE: FT AFTER: _ (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALI, THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: COONSTRUCTION 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. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) ?rr ?- w., i.,. n_ f f 1. n R i I ?fl n,, ode PW Y? U d e r _i d n -.I?? rrnit- ? ? - Oa?or 13. PURPOSE OF PROPOSED WORK: -6 cl I11 a[ 1-'-- UV)?A Fr\ piE' G?rm?? _ 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY tiiEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREA'T'ENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: aw p o a ",p vs-(4, 91 q-.53,'-9bKG 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WH C MAY BE AFFECTED BY THE PROPOSED PROJECT. DA'L'E CONTACTED i 6 r v l o1 1A T Ln II;{i?11e?GnI! 61,,,! 'rn?vvrnajiiv. h?N S..nd, 'fD Ivle , 17. DOES THE PROJECT DNOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STA'L'E) LAND? YES ( ) NO (Y\) (IF NO, GO TO 16) _ a. IF YES, DOES TTY PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES( ) NO( ) b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( ) IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STA TIE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENIT AND PERNIAIti'EN,-) CN THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEHR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. 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 PROPOERTY? CA 0-i f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WTLANDS OR WATERS OF THE US 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 WATER QUALITY CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTLE,S ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL - MANAGEMENT PROGRAM, OWAGENT'S SI ATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200030122 County Rowan GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Mr. James Eddie Bunton Address: 350 Blue Heron Road Salisbury, NC 28146 Telephone No.: Size and Location of project (water body, road name/number, town, etc.): 350 Blue Heron Road on High Rock Lake; near Salisbury Description of Activity: Excavate accumulated sediment from a small area of open water on High Rock Lake for the purpose of gaining enough water depth to install a pier. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: 198200030 Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within the twenty coastal counties, before beginning work you must contact the N. C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the perniittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date November 10. 1999 Corps Regulatory Official Steve Chapin Telephone No. (828) 271-4014 Expiration Date of Verification December 31. 2002 CESAW Form 591 Revised July 1995 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198200030 Name of Permittee: General Public Effective Date: January 1, 1998 Expiration Date: December 31, 2002 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon 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, OWNED, OPERATED AND/OR REGULATED BY PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE STATE OF NORTH CAROLINA. These lakes and reservoirs were constructed and exist primarily for the purposes of generating hydroelectric power and/or providing water supply. They were constructed and operated by public utility companies or under laws and regulations administered by the Tennessee Valley Authority (TVA). Activities within these waters are the primary concern of, and should be regulated by, these parties. This general permit applies to all waters on or within lands owned or under flowage easement to public utility companies and the Tennessee Valley Authority (TVA). Activities authorized are: a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties and breakwater structures and installation of dolphins, pilings and buoys, using commonly acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined concrete. b. Excavation of recreational boat basins and canals/channels where excavated material is placed and retained on high ground. c. Construction and backfill of bulkheads and placement of riprap material along eroding shorelines. d. Installation of submerged and aerial utility lines where U.S. Coast Guard requirements for aerial lines are met and preproject elevation contours are restored. e. Construction of water intake and outfall structures were all State and Federal required authorizations have been obtained. 1. Special Conditions. a. Written confirmation that the proposed work com lies with this general permit must be received from the Wilmington District Engineer prior to the commencement of an work. For this purpose, the proponent should submit detailed plans, location maps, and other supplemental information explaining the nature and scope of the work. b. The piers, docks, boathouses and boat shelters will be pile-supported or floating structures. Mooring piles, dolphins, jetties and breakwater structures may be of wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. c. This general permit does not authorize construction across or into any natural or manmade channel or water body so as to adversely affect navigation by the general public. No structure may be placed within 15 feet of a property line extended perpendicular to a channel without the concurrence of the adjoining property owner. d. Piers shall not extend or any other structure placed further waterward than one-fourth the width of a natural water body. Boathouses and boat shelters will not be constructed over vegetated wetlands. Docks and piers extending over vegetated wetlands will be elevated sufficiently to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. e. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation contours. -2- f. Boat ramps will not exceed 20 feet in width. No material for construction will be placed in wetlands. Excavation is limited to the area necessary for site preparation and all excavated material must be removed to uplands. g. This general permit does not authorize the installation of fueling facilities on authorized structures. h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less than 50 pounds per square foot. i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected from the weather. Metal or pre-cast concrete pilings are acceptable. j. Metal pilings or beams will have a minimum section thickness of 3/16 inch. k. Floating structures will be supported by material that will not become waterlogged or sink when punctured and will be installed to provide for fluctuations of water elevation and not break away. 1. Bulkhead and riprap alignments will not extend farther than an average distance of 2 feet waterward or a maximum distance of 5 feet from the normal pool elevation contour and may not extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads and will extend three (3) feet waterward on a 2:1 slope. m. 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. n. All fill material will be obtained from an upland source and confined landward of bulkheads. o. All fill material, including riprap material, discharged into waters of the United States, must be free from pollutants in toxic amounts. The use of metal products, organic materials, petroleum base materials or unsightly debris is prohibited. p. Excavation and removal of accumulated sediment for maintenance of existing basins, access channels to boat slips and boats slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at an upland site and proper siltation controls are used. Excavation activity must not occur during the months of March, April, May, and June because of potential impact to fish spawning areas. (This condition will become effective July 1, 1998) q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths will not exceed those (depths) of receiving waters channelward of the work. -3- r. All excavated material will be placed landward of the normal pool elevation contour on high ground and confined by adequate dikes or other retaining structures to prevent erosion and sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not authorized. s. The temporary placement or double-handling of excavated or fill material waterward of the normal pool elevation is not authorized. t. The minimum clearance for aerial power lines will be governed by system voltage as shown below: Nominal System Minimum Clearance (ft) Voltage, Kilovolts Above Bridge Clearances -------------------------- 115 and below ------------------------------- 20 138 22 161 24 230 26 350 30 500 35 700 42 750-765 45 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 ten (10) feet above clearances for bridges. u. If an easement to fill or cross State, utility company or Federal property is required, such easement must be obtained prior to commencement of work. v. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. w. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. x. This general permit does not authorize any habitable structure or associated facility for nonwater-related use. y. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 71-1.0208(b)(5). -4- z. All work will comply with Water Quality Certification No. 3099, issued by the North Carolina Division of Water Quality (NCDWQ) on February 11, 1997. 2. General Conditions. a. All activities authorized by this general permit that involve the discharge of dredged or fill material in 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. 1344) and applicable State and local law. If the proposed activity involves the discharge of dredged or fill material in waters of the United States, prior to the commencement of any work, the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of 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 or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect 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 work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values. e. The permittee must perform the work authorized herein 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 water body is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 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 or maintained in strict accordance with the Special and General Conditions of this permit. -5- 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. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. 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 five years. Any modification, suspension or revocation of this authorization will 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 will not be entitled to compensation for damages or injury to the structures or work authorized herein 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 determines 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, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. -6- (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). 1. Permittees are advised that development activities in or near a 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. in. At his discretion, the Wilmington 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: Terry R. Youngbluth Colonel, Corps of Engineers District Engineer -7- November 2, 1999 US Army Corps of Engineers Mr. Steve Chapin, Program Manager 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 A North Carolina Divison of Water Quality Mr. Todd St. John ' 4401 Reedy Creek Road Raleigh, NC 27607 Dear Sirs: I would like to apply for an application to excavate dirt. I am a homeowner at High Rock Lake in Salisbury, North Carolina in Rowan County. I am wanting to remove approximate 3 feet of dirt in order To obtain an 8 feet depth allowing us to get a pier permit. Enclosed is a map of our property with the area highlighted we need to excuvate. Also enclosed is a map Showing the position of our property on High Rock. I have contacted Daves Grading and Hauling in Salisbury to do the excavation once we can get approval. He plans to dispose of the dirt on an offsite location. There is no vegetation in the proposed area and by removing dirt should improve the fish habitat. The water is completely gone from this area at the present time. We need to complete this project before the lake level returns to normal. I would like to thank you for your time and consideration for my application. I look forward to hearing from you soon. Sincerely, n Eddie Bunton 350 Blue Heron Rd. Salisbury, NC 28146 (704) 638-9397 -b1 °) '0N dVW 335 All f NlNdV,? Ol ds B 0q yF8 LE SY ._ `/ -1 )?D 0 ;-1 ZL 6 1 bil ON aVhl 33G R4 i sA 1 SrrE!? A ((?? 1LF Q 166 d} :+N ? 3 )LAS o !r 25 ti K u Rp, o ` \ ? ,raven? loo V? 2164 2163 1 CLARk Z CL VICAVITY MAP NOT TO SCALE Q 4 M 1 1 11 ,??11 T1[ ?, 1 E 11'IObt E ALUMINUM COMPANY of AFRICA 11 BLOW aC ? S PT. 16 1 Q .? 1 -_ -_ S 86' 01' 43"E I 2x4 _ _9' GRAVEL oRVEWAY .20'-- ---- 1 j, ------ - . --- c? 01.44• PART OF Ju LOT 16 -4 .4 WELL 27.76' o ! 1 ul.al ?I? Q? /1 W CONCRETE fNNNATION ? LOOATION ONLY 15 0.935 ACRE 49.70. N So- 08. 00. w 1 f 291:37' 11 It WAYNE R. BARNETT P.O. 603-326 PROPENrY SURVEY FOR: JAMES E. BUNTON and Wife, SANDRA WHITE CRANE ROAD RW -- 0 15 ?N m 0 0 ro a „ 0 0 b to Q7 r c m m O Z 0 0 N, O D v 14 1 I K. BUN T ON I I B ?n m m a z .. o GN s ..1 I N 9 r o0 1 03 (L LL q[, of °_ttt ?, % ? Ch •U r - - ._. -. - .- • lv rru'm? -\ SI ? ?'rr '.0 V _? ?? ?.•t M Y / O ?• a ?U: i`•?0 i U Oo O. f f? _ c. s 51, \, no 1 1 I \ v m fF y ,J w MI w? `Z? 6? l n A =, i t? ? V O ?._?\O e16 oa .. •s 160 f) ? I Cl / -t ar - _ _ ? I ? /?' w o y?? A O ? A ?4 to O \ O le /s- I • 0 . ?? D --AP _a •h M n b`,._ ee e. V o 7L (D 200 I 1 !v. ?, Boa z 7 ' ?v A N A 1 fA O Oro- < w VI -IN tj qS tbv'l, a..t >9 ?r o kn r ?'•c u. I. io 2Co ?? I 8? I,s ao N ??r J 14 o y A4 W atj '14 J CA a0 7 ;n D r i ? a 1N ?? 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