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
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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
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Dear Sirs:
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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
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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
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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
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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
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7 -
?` ANNUAL CHANGE 6.9'W 25" loVl ? of '^ '+> ?? N N
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