20061709 Ver 1_COMPLETE FILE_20061031

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Mr. Chris Fulton
P. O. Box 1023
Lexington, NC 27293
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Fulton:
Alan W. Klimek, P.E. Director
Division of Water Quality
November 21, 2006
DWQ# 06-1709
Davidson County
You have our approval, in accordance with the attached conditions, to place fill within, or otherwise impact
by excavation, 0.107 acre (4,640 square feet) of open waters for the purpose of constructing a pier on High
Rock Lake on your property located at 7689 Linwood-Southmont Road (Lots 2 and 3A, Riverview) near
Linwood, in Cotton Grove Township, Davidson County, as described in your application received by the
Division of Water Quality on October 31, 2006. After reviewing your application, we have determined that
this activity is covered by General Water Quality. Certification Number 3492, which can be viewed on our
web site at http://www.ncwaterqualit?ora/wetlands.html. This Certification allows you to use Regional
General Permit Number 198200030 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit (Regional
General Permit) expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have 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 fill for this project (now
or in the future) exceeds one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of the
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Waters 0.107 acre 7689 Linwood-Southmont Road (Lots 2 and 3A,
Riverview) near Linwood, in Cotton Grove
Township, Davidson Count
- Ane Carolina
Nlurally
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:wvw.ncwaterguality.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Chris Fulton
Page 2, DWQ# 06-1709
November 21, 2006
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance with the North Carolina water quality standards that are
applicable to lakes and reservoirs. Such measures must equal or exceed the requirements specified in
the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures
must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor owned and leased borrow pits, which are associated with the project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,,
Alan W. Klimek, P.E.
AWK/cdl
Mr. Chris Fulton
Page 3, DWQ# 06-1709
November 21, 2006
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Triage Check List
Date: 11/02/06 Project Name: Chris Fulton, Lot 3A
DWQ#: 06-1709
County: Davidson
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 10/31/06 - 12/29/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
F1 Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minim ization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
1-1
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
2 0 0 6 1 7 0 9
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

OCT 3 1 2006
1. Applicant Information DENR - WATER QUALITY
tii'ETLr"dJDS.?`!D STC.31i,";,aTER 6R/=H
1. Owner/Applicant Information
Telephone Number: -? (v A IQ (, 5S7 Fax Number: -S Cv -7,4 '13
E-mail Address: C Fv t.:T c>oV (' i? ?u ?T?2 U CTS U ?y? i 12 7 . , c y ?T
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:
H. 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. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: N,V IV ?,o ., Nearest Town: e v-t-y Nil ovT
Subdivision name or site address (include phase/lot number): Q v 2 v ? -,mil t n_ t= L ?? Z
Directions to site please include road numbers, landmarks, etc. ('This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application:
3. Property size (acres):_ 2 r3 , ?
4. Nearest body of water (stream/river/sound/ocean/lake):.. LR K E
5. Describe the purpose of the proposed work: ?x r Q% V G I I V-X .Tu ?A^ e
Q e- 0 , s E,M P VkT ? s e7 -V??'r A l t o or
6. List the type of equipment to be used to construct the project: ` Rk\c Y for
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:G AID 10 SP
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: N.t}
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): iU I tv
-A A
- 1027(27
(Agent's
Signature Date
is valid only if an authorization letter from the applicant is provided.)
C. FULTON
CONSTR.LICTION INC.
PO BOX 1023
LEXINGTON, NC 2 7293
PHONE: [phone]
FAX.- [phone]
f dtonconstruction oriad.rr.cont
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699
DESCRIPTION OF PROPOSED WORK AT HIGH ROCK LAKE, NC
Purpose:
Excavation to obtain adequate water depth to meet guidelines for private piers set
by Alcoa Power Generating Inc. (APGI).
Location:
General description: Swearing creek/ High Rock Lake
7689 Linwood-Southmont Rd.
Lexington, NC 27292.
Legal description: L2 BK1185-1169 Riverview
Davidson County
Cotton Grove Township
Map coordinates (WGS841NAD83)
Latitude 35 * 43 ' 03 " N
Longitude -80* 18'16" W
See enclosed maps
Specifications:
See enclosures
If you need any other information, please feel free to contact me anytime at the above
numbers or by email.
Thank y r,
Pres.
C. Fulton Construction Inc.
Enc.
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Lake (Full Po ` t_,Ur
Full Pond
Shoreline

LUi 5k?
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaininn
(galls, docks, etc.
3) The location of any excavation or dredging helot the Full Pond
elevation.
6) Location of construction access corridors.
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Current water
Propos
Sloped be
Current water depth at 75' from shorline- 5
Proposed 3' cui
145' Total length of cut
20' Wide without slopes
32' Wide with slopes
3' Cut at deepest point
1.5' Average cut depth
5655cf Of removal
209cy ?f removal
Slopes are cut 2j1
I ^ End of proposed pier
2 0 0 6 1 7 0 9
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information

OCT 3 1. 2006
LOW E
UEiVR - WATER QUALITY
WFTU c IN NF0 ST4F.%XNATER BRruNGH
1. Owner/Applicant Information
Name: e 11f"%5 Fv i-z
Mailing Address: 1`0 (-Sox 1 )2 3
Lct???f4
Telephone Number: -? 3 (v A 4() 65S;7 Fax Number: 2S.S (,?, _' 3 tv -74 9 3
E-mail Address: C F 1 t.T c) vV ?' c7 •v ST1' U CT U ? V i 12 7 . ?'2 Q , L i) q4.
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:
H. 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. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
8.
all clearing, back fill, excavation, rip rap,
mal pool lake level and 50 feet land-ward in
1. Location
County: Nearest Town: 4,-) c v-r"V vtq D V -T
Subdivision name or site address (include phase/lot number): e % u p y % ` i„ i ' c e t L vT z
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application:
3. Property size (acres): v 2 & A 1 , f3 Z ,? L
4. Nearest body of water (stream/river/sound/ocean/lake): tj t!? 1, K ooh LPG K C
5. Describe the purpose of the proposed work. hr ? V C_ VA Q X
I:?Qbi tiCWl tt^1 5 S1=T TIS AIcc V-?-
6. List the type of equipment to be used to construct the project: T gz ,(. Y y o`
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 4 6 i D <,p
a. Amount of impact (including
retaining walls, etc.) above the no
square feet or acres:
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): ??l (?
Applicarit/Agent' Signature Date
(Agent's signatur is valid only if an authorization letter from the applicant is provided.)
C. FULTON
CONSTRUCTION INC.
PO BOX] 023
LEXINGTON, NC 27293
PHONE: [phone]
FAX.* [phone]
cflllto11co1 LSt1'Ilct loti@..Irlad. rr. co1)1
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699
DESCRIPTION OF PROPOSED JYORKAT HIGHROCK LAKE, NC
Purpose:
Excavation to obtain adequate water depth to meet guidelines for private piers set
by Alcoa Power Generating Inc. (APGI).
Location:
General description: Swearing creek l High Rock Lake
7689 Linwood-Southmont Rd
Lexington, NC 27292.
Legal description: L2 BK1185-1169 Riverview
Davidson County
Cotton Grove Township
Map coordinates (WGS84INAD83)
Latitude 35* 43103 " N
Longitude -80* 18'16" W
See enclosed maps
Specifications:
See enclosures
If you need any other information, please feel free to contact me anytime at the above
numbers or by email.
Thank yo?.-,
Chris Fulton
Pres.
C. Fulton Construction Inc.
Enc.
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Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks. etc.
5) The location of any excavation or dr+ dging below the Full Pond
elevation.
6) Location of construction access corridors.
I) NIA
-?? 1 `? i ?? Itr??I'??o ??,1 r Iccti?t,- 1 G; w g0 h S 17,6,VXc„-.! i:Ytw?(? 5
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