19950344 Ver 1_COMPLETE FILE_19950407

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor .
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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April 10, 1995
Montgomery County
DEM Project # 95344
APPROVAL of 401 Water Quality Certification
Mr. Kirby A. & Ms. Carol M. Tyndall
Route 2 Box 5124
Mount Gilead, N.C. 27306
rah E COPY
Dear Mr. & Ms. Tyndalh
You have our approval to place fill material in 0.00826 acres of wetlands or waters for the
purpose of replacing dock and walkway at 838 Pine Bark Circle, Woodrun Subdivision, as you
described in your application dated 30 March 1995. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 2674. This certification allows
you to use General Permit Number 030 when it is issued by the Corps of Engineers.
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.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
OP Ito n4a qr, Jr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
95344.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Oppo7, unity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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DEM ID: 9 53y ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING M
CORPS.OF ENG ERS DIVISION OF ENVIRONMENTAL V
DEPART ME OF THE ARMY NC DEPARTMENT OF ENVIRO ?ALTH,
P.O. Box 1 9 T AND NATURAL RESOURCES
Wilmin n, IVY 28402-1890 P.O. Box 29535 MAR
A CESAW=CO-E Raleigh, NC 27626-0535
T phone [phone] ATTN: MR. JOHN DORNEY
Telephone -733 -5()81? 3 3 - /17 8
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Kirby A. Tyndall and wife, Carol M. Tyndall
2. Owners Address: Route 2 Box 5124, Mt. Gilead, NC 27306
3. Owners Phone Number (Home): 910-439-6628 (Work): 910-576-617.1
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: Montgomery
Nearest Town or City: Mount Gilead
Specific Location (Include road numbers, landmarks, etc.%. 838 Pine Bark Circle, Woodrun Subdivision
6. Name of Closest Stream/River: Pee Dee River/Lake Tiller
7. River Basin: Yadkin
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ $-CANO ] IV
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [x,
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: n/a
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted: • 00826 of an acre

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Walkway (4' x 18 ') with
railing; Dock area (12' x 24')
recreational use by homeowners
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. to replace existing dock with i dant i ra l rinrk Sf- riin tore
in order to use property in manner for which it was purchased
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National MarineTisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so. n/ a YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ] n/a
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?. residential and recreational
F. If applicable, what is proposed method of sewage disposal? n/a - septic system
)5 -
Owner' gnatu 6 Date
Owner's Signatur Date

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C P&L
Form No. 2482
8/94
Drawer 1037
Aberdeen, NC 28315
9S
/qIO) 539 -G4z?
RE: CP&L's Approval for Erecting Facilities (Pier, One-Story Boathouse, Bulkhead/Riprap
Material) on CP&L's Property/Reservoir
Tillery Hydroelectric Development
Lot No. 3 F , &ja,,tu. , Subdivision
MONTGOMERYLSTfrNL-Y- COUNTY
Dear Lessee:
CP&L's current Lease with you provides that you may erect and maintain a pier and a one-story
boathouse on the leased premises and the appropriate adjoining water of Lake Tillery. Likewise,
CP&L does not object to the installation of a bulkhead or riprap material for eroding shoreline
stabilization and erosion control purposes. You have described the improvements you plan to
construct on CP&L's property leased to you as follows:
X 151 W . *A, e2 .
and have further identified such improvements by their locations and dimensions on the sketch
you prepared which is hereto attached.
NOTE: A pier and a one-story boathouse must be properly located relative to
adjoining owners' lots and their leased premises/water rights. Encroachments on
adjoining owners' leased premises or water rights that are not promptly relocated
after written notice to do so from CP&L will subject your Lease to possible
cancellation. For your additional information, you may not construct other
improvements/structures, i.e. roof overhangs, driveways, porches, decks, garages,
buildings, storage buildings, wells or septic tanks on CP&L's property leased to
you.

The United States Army Corps of Engineers has issued a regional General Permit covering this
type authorized work - a copy of which Permit is attached for your assistance and information.
Please be particularly aware of the requirement in paragraph 2.a. of said Permit (page 3) relative
to applying for and obtaining a Water Quality Certification from the North Carolina Division of
Environmental Management in accordance with Section 401 of the Clean Water Act.
You may use this letter as CP&L's permission in your applying for a building permit from the
appropriate Montgomery County Inspection Office/Stanly County Planning Department to
construct the specific facilities set forth above and in applying for the appropriate certification
from the State.
With best wishes for the safe recreational enjoyment of your facilities and Lake Tillery.
Sincerely,
Jimmy C. Chisholm
Senior Land Agent
c: Montgomery County Inspection Office
-St?E -gl i-ng-Department
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SOUTHERN PHOTO - GREENSBORO N77551
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