20011676 Ver 1_COMPLETE FILE_20011115

WA r
o -c
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
January 11, 2002
DWQ# 01-1676
Gaston County
David and Paula Phillips
P.O. Box 1172
Gastonia, NC, 28053-1172
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules
Dear Mr. and Mrs. Phillips:
You have our approval, in accordance with the attached conditions, to place fill in 0.001 acre of waters and to
selectively clear (and restore) 3,850 square feet of forested buffers in order to stabilize the shoreline on your property on
Lake Wylie in Gaston County, as you described in your application received by the Division of Water Quality on November
15, 2001, and in additonal correspondence received December 3, 2001. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3280, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Regional Permit Number 198200030 when the
Corps of Engineers issues it.. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule
(15A NCAC 2B .0243) 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 permit expires unless otherwise
specif led in the General Certification.
This approval is only valid for ttie purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the
conditions fisted 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 1506 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at
919-733-9721.
Attachment
4 Sinc I
J. Thorp , Ph.D
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Sue Harmon, Permits, Etc., P.O. Box 234, Boiling Springs, NC, 28017
011676
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mai Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd, Raleigh. NC 27604-2260 (Location)
111 777 .10. L.- All 17 COM -... w ./M1
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name David & Paula Phillias
Project Number 01 1676
Recvd From APP
Received Date 11/15/01 Recvd By Region
Project Type shoreline stabilization
County GASTON
County2
Region Mooresville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
E E
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

GP 30 Waters O YO N F__ 11-(117) WSIV B CA 30,834. 1

Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: Q Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The applicant has requested authorization to stabilize 77 linear feet of shoreline on Lake Wylie with
rip rap. The existing shoreline consists of an undercut bank 3 to 5 ft high and a mixed pine and
hardwood forest. The applicant also imposes to remove the underbrush and lightly thin the ri arian
buffer,
cc: Regional Office
Central Office Page Number 1
THE PHILLIPS LAW FIRM, P.L.L.C.
DAVID A. PHILLIPS
Mr. John Dorney
Division of Water Quality
Parkview Building
2321 Crabtree Blvd.
Raleigh, NC 27604
Re: DWQ # 01-1676
Dear Mr. Dorney:

1 .
I have received your letter of November 21, 2001. Please be advised that our
property is located in Gaston County, not Mecklenburg County as you stated in your
letter.
Please find enclosed seven copies of the map showing our 77 feet of shoreline
on our property on Lake Wylie, seven copies of the map showing the area in square
feet, and seven copies of our plan to install the shoreline stabilization measures. We
will certainly minimize any impact to the buffers located on this property. Please rest
assured we will do everything in our power to insure the protected buffers along Lake
Wylie on our property are held in tact.
Yours very truly,
4?WA_J
David A. Phillips
m
102 East Main Avenue
P.O. Box 1172
Gastonia, North Carolina 28053-1172
[phone] (Phone)
[phone] (Pax)
November 30, 2001

/ ?\v
DAP/pp
Enclosures
IHle No. I5WbM Hage #4
DWQ #01 -1 676 Site Map
Borrower,'Client David A. Phillips and wife Paula T. Phillips
Pra ert Address 876 Armstrong Ford Road
C' Belmont County Gaston State N.C. Zip Code 28012
Lender 1st Gaston Bank

DWQ #01-1676

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77
77

THE PHILLIPS LAW FIRM, P.L.L.C.
DAVID A. PHILLIPS
DWQ # 01-1676
Gaston County
m
102 East Main Avenue
[phone] (Phone)
[phone] (Fax)
876 Lower Armstrong Ford Road
Belmont, North Carolina
P.O. Box 1172
Gastonia, North Carolina 28053-1172
We plan to only remove underbrush, shrubs, trees less than six inches in diameter and
low limbs which would interfere with the view of the lake. We intend to use this
property for recreational use, i.e., build a pier for boating and swimming in Lake Wylie.
We also intend to replant unavoidably impacted portions of the buffers.
r
> -1
o -C
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. David Phillips
310 Glen Arbor Drive
Belmont, NC 28012
Dear Mr. Phillips
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
November 21, 2001
DWQ # 01-1676
Gaston County
On November 15, 2001 the Division of Water Quality (DWQ) was notified by receipt of your applications regarding your plan to
impact 77 feet of shoreline on Lake Wylie Sara M. Leeper Property for the purpose of steaming the shoreline of your lot in
Mecklenburg County. Approval from DWQ is required to impact these waters. Please provide seven copies of the following information
and refer to the DWQ # listed above in your reply.
The location and the area (n square feet) of the proposed shoreline stabilization measure must be shown on a map.
The Catawba River buffer rules became effective June 30, 2001 and allow shom@ne stabilization measures within the
protected buffers along Lake James. We are concerned that construction of these shoreline stabilization measures will
result in excessive impact to the protected buffers. Please provide details on haiv you plan to install these shoreline
stabilization measures, what measures you will take to minimize impact to the hers and then how and when you
plan to replant the unavoidably impacted portions of these buffers
Please call Todd St. John, Bob Zarzecld or me at [phone] if you have any questions or would require copies of our rules
or procedural materials. This project wil remain on hold as incomplete in accordance with 15A NCAC 2H .0505©. The processing
time for this application vnll begin when ftus information is received. If we do not hear you by wr&Q within three (3) weeks we will
assume you no longer want to pursue ttie project and will consider it withdrawn.
Sincerely,
cc: Mooresville DWQ Regional Ofliice
Asheville Corps of Engineers
Central Files
File Copy
rnDomey
Wetlandst401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 737015 Fax (919) 733-_893
V
Customer Service
1 800 623-7748

()11676
0

QG
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.miI/wetIands/revtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401 /Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12 ?l r. C I VL U

4
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www saw usace army.miI/wetlands/nwpfinalFedReL'._pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.litm1. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Oil I Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit
? Section 10 Permit
[401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 32 gD
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: AVI T) A. 4 ?AUL(V I LLI105
Mailing Address: :, J b (A L N Alt 6o 2 b-?-
161E t_ MO NT ?4G 2 LSD 12
Telephone Number: 0 - $ 2 S - Zq $ 9 Fax Number: 04- 8(? 7 - 17
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory, authority for the owner/applicant.)
Name:'
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
'nnb l'2akio?
1. Name of project: p?IVIGk ?-* °r Paula -T. Phi wPS 0.. ?
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): LS - kilo -2-01
4. Location - I
County: Nearest Town: [ .l ryi v
Subdivision name (include phase/lot number): 6J0.(0. YY1 • -eCre e- -r.
Directions to site (include road numbers, landmarks, etc.):
5.
6. Describe the existing land use or conditii
7. Property size (acres): '12- aLCe,
of the site at the time of this application:
8. Nearest body of water (stream/river/sound/ocean/lake): Lo-ke- ?e_
9. River Basin: '11,
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.ne.us/admin/maps/.)
Page 4 of 12
Site coordinates, if available (UTM or Lat/Long): La+:35" T ?5 L4n' ?V,d dD W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
10. Describe the purpose of the proposed work: 54-a..b,l," 41 Sh-a , "<,
11. List the type of equipment to be used to construct the project: C)OLk hO t
12. Describe the land use in the vicinity of this project: rf i J o1. c Rtsl axw?k(
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and rovide justification for the exclusion of this work from the current
application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts NIA-
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htt :H\v\v\v.fema.yov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams n / J A-
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wwNv.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wti\w.tonozonc.cont,
www.malXjuesLconl, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. I / IA-
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

List each impact separately and identify temporary impacts. impacts include, nut are not limned to. 1111, cxwvauv1y W urm&
flooding, drainage, bulkheads, etc.
4. Pond Creation N I
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization) ^ , I A-
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/newetiands/strmgide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. t 11 A
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.cnr.state.nc.us/wry/iiidcx.htni. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: nr /.,k
Amount of stream mitigation requested (linear feet): 1 "
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet
Multiplier Required
Mitigation
1 3
2 1.5
Total
* "Zone 1 extends out 30 feet perpendicular from near bank of cnannei; /one t extenas an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260. N I A
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 10 of 12
P-
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 1 I of 12
Applicant/Agent's Signature uate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
. 1
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
1. Applicant Information
A. Name David A. Phillips & Paula T.
B. Mailing Address 310 Glen Arbor Drive
Belmont, N 801 _
C. Telephone: [phone] (Office)
H. Location of Proposed Project
A. Lake I9y 1 i e
B. Street Address 876 Lower Armstrong Ford Road
C. County Gaston
D. City, town, community or landmark Belmont, NC (lower Armstrong Ford Bric
E. Section Lot # 3 Subdivision Sara M. Leeper Bridge
F. Directions to property by road From 273 at Dan St we Farm (east)
on Lower Armstrong For
Loca?cf arc j oining 872 rms rong For Roa east side)
G. Latitude and longitude for the project site Unknown / Map Attached
Please submit a map showing the coordinates or a detailed map (USGS quad map, city
map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude
coordinates can be found on internet site, www.mapblast.com)
III. Description of Project
A. Length of wall Approx. 77 feet
B. Material Rock one
C. Distance from property line/shoreline Property Line at Shoreline
IV. Intended Use of Project Area
(private use only)
A. Private
B. Commercial
V. Applicant Signature 5 Date ? L
°LEASE NOTE THE FOLL'WI'NGv V- "YJ./
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF
THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151
PATTONAVE. - ROOM 208, ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION. JOHNDORNEY
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650
919-733-1786
08/20/01 ssh
File No. 15106201; Page #4
Site Map
Borrower/Client David A. Phillips and wife Paula T. Phillips
Property Address 876 Armstrong Ford Road ---
C Belmont Coun Gaston State N.C. Zip Code 28012
Lender 1st Gaston Bank
Site Map / Frontage (Armstrong Ford)
Borrower/Client David A. Phillips and wife Paula T. Phillips...
Property Address 876 Armstrong Ford Road
---
City Belmont County Gaston State N.C. Zip Code 28012
Lender 1st Gaston Bank
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Form 398578 (R9-85) SHORELINE MANAGEMENT PROGRAM Previously Form 06940
PERMIT APPLICATION FORM
NC 1 SC 2 I.D. No. Permit No.
Co. No. Grid Sect.
Lake Lake Wylie Utility Co. Ownership: 1 Deed 2 Lease
APPLICANT David A . Phillips
Name.
311 1" Glen Arbor Drivem"d"
Address:
Street or Box
Belmont, N.C.
(704)c? SSg9
Telephone:
Area Code
Signature: .G") ,
Circle the appropriate number below
28012
(office)
Exc.
Ramp &
Marine Shoreline
Pier Railway Boathouse Stabilization Other
USE:
1. Individual
1
1
01
CP
2. Common 2 2 2
STATUS:
1. Existing
6 1
2
62-
2. Proposed
MATERIALS:
1. Concrete 4. Treated wood
1 ®
1
1 ?
1 4
2. Masonry 5. Untreated wood 2 5 3 2 ; 2
3. Metal 6. Other 3 6 6 3 6 3 Rock
FLOTATION:
1. Plastic cylinders 1
2. Styrofoam 2 2
3. Other 3 3
TYPE OF FACILITY:
1. Permanent
C1?
1
2. Floating 2
3. Combination 3
/o
M
Fig. 1 Fig. 2 Fig.. 3
Pier Dimensions: See Figure Above
- T
Fig. 4 Fig. 5 Fig. 6 (other)
297/ inc.ramp
Pier surface area sq. ft.
Float, rjace area 51-8 sq. ft.
Duia, POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along witlr your completed
permit application to:
mgCE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO 13OX 1006
CHARLOTTE, NC 28201-1006
1-$00-443-5193
David A. Phillips & Paula T. Type of Permit Rcqucsccd
Applicant's Name: "Circle
876 Lower Armstrong Ford Road Belmont, NC
Street Address (at lake): - Private f?acilil ? ,
LakeNanrc: Lake PlVlle Commercial Facility
-- Excavation
Subdivision Name: Sara M.. Leeper Property Slabilizatior
? 3 Conveyance,
N/A Lot # Miscellaneous Uses
Property Section:
City: Belmont County: Gaston
State: N.C. Zip: 28012
[phone] / 867 - 5552 (office)
Tclcplronc: --
Dircc(ions (frolic major road or highway):
From S. New Hope Road at Dan Stowe Farm on Highway 273 traveling
East - Cross Armstrong Ford Road Bridge. Lot is located
adjoining brick home at 872 Armstrong Ford Road. (East Side) t

Descriptive Structure on Property (i.e. brick garage, wtmite fence, mobil home, etc):
Immediately adjoining home of Sara LeePer
Vacant Lot /
nn the east side.
Filr. Name 1010044.SKT Case No. David Phillips
File, No. 1010044
SKETCH
Borrower David A. Phillips & Paula T.
Property Address 876 Lower Armstrong Ford Road
City Belmont County Gaston State N.C. Zip Code 28012
Lender/Client
Stationary
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SUMMARY SQ-F7-AREA PERIMETEI
Porches/Patios
Covered Deck 205 55
Float 528 160
Pier 225 109
Ranlp 72 41
Suspended
4.5' 6.5'
Attached to Pier 7.2' 7.2'
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DWQ #01 -1 676 Site Map
Borrower,'Client David A. Phillips and wife Paula T. Phillips
Prooerf Address 876 Armstrong Ford Road
Cif Belmont County Gaston Stale N.C. Zio Code 28012
Lender 1st Gaston Bank

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THE PHILLIPS L,AW FIRM, P.L.L.C.
DAVID A. PHILLIPS
41
102 Past Main Avenue
[phone] (Phone)
[phone] (Pax)
DWQ # 01-1676
Gaston County
876 Lower Armstrong Ford Road
Belmont, North Carolina
P.O. Box 1172
Gastonia, North Carolina 28053-1172
We plan to only remove underbrush, shrubs, trees less than six inches in diameter and
low limbs which would interfere with the view of the lake. We intend to use this
property for recreational use, i.e., build a pier for boating and swimming in Lake Wylie.
We also intend to replant unavoidably impacted portions of the buffers.
Michael F. Easley
Governor
t William G. Ross, Jr. Secretary
a'. Department of Environment and Natural Resources
7
Kerr T. Stevens
Division of Water Quality
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
/V)YP4-,, 2ml
D Q # 01- l6
County
( ro? Q?
YYo ??d I Z-
Dear???
On 2001, the Division of Water Quality (DWQ) w s notified by receipt of your applications regarding
your plans to impact -al- feet of shoreline on Lake Q at for the purpose of stabilizing the shoreline
of your lot in Mecklenburg County. Approval from D is required to impact these waters. Please provide seven copies
of the following information and refer to the DWQ number listed above in your reply.
1. The location of the proposed shoreline stabilization measures must be shown on a map.
2. Also the Cat wba River buffer rules became effective on June. 30, 2001 and allow shoreline stabilization
measures jh hin the protected buffers along Lake James. We are concerned that construction of these
shoreline bilization measures will result in excessive impact to the protected buffers. Please provide
details on w you pl an to install these shoreline stabilization measures, what measures you will take to
minimize i act to the buffers and then how and when you plan to replant the unavoidably impacted portions
of these brs.
Please call To St. John, Bob Zarzecki or me at 733-1786 if you have any questions or would require copies of
our rules or procedural aterials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processi g time for this application will begin when this information is received. If we do not hear from you
within three (3) weeks f the receipt of this letter, we will assume that you no longer want to pursue this project and will
o?
,r Sincerely yours,
( John Dorney
Cc: Mooresville DWQ Regional Office
Asheville Field Office Corps of Engineers
File copy
Central files
Customer Service
1 800 623-7748
consider it withdrawn. f J)
i
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
401 reviews
Subject: 401 reviews
Date: Thu, 10 Jan 2002 18:25:32 -0500
From: Megan Owen <Megan.Owen @ncmai1.net>
Organization: NC DENR, DWQ
To: Cyndi Karoly <[e-mail]>
Cyndi:
How ya doing these days? Roman? I hope you're all well. I wanted to let you know that this will probably
be my last 401 review summary. I am leaving the state to take a job in Annapolis, MD. My last day here
is the 25th. If you ever want to chat, I can be reached at [e-mail]. I don't have my
other contact info yet. So Steve Zoufaly will be doing the 401 reviews from now on, or until you hear
otherwise from him. Anyway, below are the reviews:
401s with WSWP issues:
?' 4t 1fi * li?ifp C#istotr COYL in WS-IV, project is water dependent but must show no
practical alternative, BUA must be minimized, stormwater diverted away from surface waters, the use of
BMPs maximized, and the buffer must be revegetated if impacted.
011529 (Southern Lifestyles, VI, Gaston Co.) - in WS-IV, project is water dependent but must show no
practical alternative, BUA must be minimized, stormwater diverted away from surface waters, the use of
BMPs maximized, and the buffer must be revegetated if impacted.
011794 (James A. Privette, Franklin Co.) - in WS-II-PA, HQW, NSW. Generally private road crossings
are not allowed, but looks like the site can't be accessed otherwise. If we're going to allow the road
crossings, they must show no practical alternative, BUA must be minimized, stormwater diverted away
from surface waters, the use of BMPs maximized, and the buffer must be revegetated if impacted. For the
rest of the development, the local government planning department needs to review for BUA, stormwater
(if applicable), and buffer compliance.
011790 (John Stoonski, Jackson Co.) - The project is in WS-III. For the culvert/relocation (if the stream is
a blue line on the US topo) they must show no practical alternative, BUA must be minimized, stormwater
diverted away from surface waters, the use of BMPs maximized, and the buffer must be revegetated if
impacted. For the rest of the development, the local government planning department needs to review for
BUA, stormwater (if applicable), and buffer compliance.
0008646 (FedEX/PTIA, Guilford Co.) - in WS-III and WS-IV. For buffer encroachment they must show
no practical alternative, BUA must be minimized, stormwater diverted away from surface waters, the use
of BMPs maximized, and the buffer must be revegetated if impacted. For the rest of the development, the
local government planning department (in this case the airport authority) needs to review for BUA,
stormwater (if applicable), and buffer compliance.
011793 (NC Div of Parks and Rec, Iredell Co.) - the project's in WS-IV. I don't consider adding sand to be
water dependent, but it is a public project; hence, the buffer encroachment is allowed if they do the
following: they must show no practical alternative, BUA must be minimized, stormwater diverted away
from surface waters, the use of BMPs maximized, and the buffer must be revegetated if impacted.
011853 (Patricks Purchas Phase II, Mecklenburg Co.) - in WS-IV, project is water dependent but must
show no practical alternative, BUA must be minimized, stormwater diverted away from surface waters, the
use of BMPs maximized, and the buffer must be revegetated if impacted.
I of 2 1/11/02 9:35 M
401 reviews
011870 (Patricks Purchas Phase II, Mecklenburg Co.) - in WS-IV, project is water dependent but must
show no practical alternative, BUA must be minimized, stormwater diverted away from surface waters, the
use of BMPs maximized, and the buffer must be revegetated if impacted.
011881 (Hasentree Residential Subdivision, Wake Co.) - Generally private road crossings are not allowed,
but if the site can't be accessed otherwise...... If we're going to allow the road crossings, they must show no
practical alternative, BUA must be minimized, stormwater diverted away from surface waters, the use of
BMPs maximized, and the buffer must be revegetated if impacted. For the rest of the development, the
local government planning department needs to review for BUA, stormwater (if applicable), and buffer
compliance.
401s not is WS:
011803 (DOT, Cherokee Co.)
011787 (Johnny and Anita Waits, Jackson Co.)
Megan Owen <megan.owenC ncmail .net>
Environmental Planner
North Carolina Department of Environment & Natural Resources
Division of Water Quality
2 of 2 1/11/02 9:35 AM
THE PHILLIPS L Aw FIRM, P. L.. L. C.
DAVID A. PHILLIPS
41
102 East Main Avenue
P.O. Box 1172
Gastonia, North Carolina 28053-1172
[phone] (Phone)
[phone] (Pax)
011676
November 14, 2001
Mr. John Dorney
North Carolina Division of Water Quality
Parkview Building
2321 Crabtree Blvd.
Raleigh, NC 27604
ev 1 5 as
Re: 876 Lower Armstrong Ford Road, Belmont, North Carolina
Shoreline Stabilization
Dear Mr. Dorney:
Please find enclosed the original and seven copies of a pre-construction
notification application form, stabilization application, requested maps and shoreline
photograph, along with $200.00 check for the fee and a self-addressed stamped
envelope. If any further information is required , please contact me. Thank you in
advance for your kind attention to this matter.
PAYMENT
Yours very truly, RECEIVED
David A. Phillips
DAP/pp
Enclosure
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