19970225 Ver 1_COMPLETE FILE_19970310

NCWRC,HCP,FALLS LAKE

TEL:[phone] Apr 09'97 8:28 No.005 P.02

® North Carolina WAdhfc &sources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-118$, 919,733-3391 ?C1t?
Charles R. Fullwood, Executive Director
MEMORANDUM
TO. John Dorney
Division of Water Quality 10Jw-,
UUM FROM: Owen F. Anderson, pie ant Regional Coordinator
Habitat Conservation Program
DATE: April 9, 1997
SUBJECT': Shannon Lee Lindley Request for 401 Water Quality Certification to fill
wetlands in Lake Tillery, Stanly County, North Carolina. DWQ III #
970225.
Staff biologists with the North Carolina Wildlife Resources Commission have
reviewed the subject application with respect to anticipated project impacm on aquatic
habitats. The site was inspected on April 4, 1997. Our comments are provided in
accordance with certain provisions of the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et seq.), and sectiou 401(b) of the Clean Water Act of
1977 (as amendcd), and North Carolina General Statutes (G.S. 113-131 et seq.).
According to the application, the reasons that the activity must be carried out in
wetlands is to build a wooden "sea wall" on leasable land "for neatness and to tie a boat
to sometimes". The proposed work involves excavation and impacts to 0.5 acres of
wetlands, according to the application. The applicant offered no mitigation for wetland
losses. The project site is located on Cedar Creek at the intersection of Indian Mound
Road and Lake Shorc Drive north of Norwood, N. C.
The site, which is in the mouth of Cedar Creek, forms as-mall cove of Lake
Tillery. '11ie mouth of Cedar Creek is characterized by shallow water mid high quality,
forested wetlands with alder, sycamore, willows, sweet gum and other trees. Lake
Tillery, a 5,300 acre public roservoit operated by Carolina Power and Light Company
under Federal Energy Regulatory Commission License, provides excellent fishing for
largemouth bass, crappie, cal5sh, sunfish and other species. Shallow waters are
important spawning areas for various fish species, as well as feeding and resting areas for
other wildlife.
Upon inspection of the site by boat, biological personnel found that an 80-foot
wooden wall already had been constructed at the site, The construction appeared to have
occurred very recently based on the presence of fresh straw on the backfill behind the
wall. The shoreline up and downstream of the project site appeared stable; therefore, we
have no reason to bciicvc that the bank along the applicant's property required
NCWRC,HCP,FALLS LAKE TEL:[phone] Apr 09'97 8:28 No.005 P.03
Lindley 401 Certification 2 April 9,1997
Stanly County
stabilization. The project site is residential with several houses and a grassy area
extending to the creek bank. Forested wetlands occur on both sides of Cedar Creek
adjacent to the grassed area. Several goats were grazing on the property. One goat was
tied and grazing on undergrowth along the creek bank approximately 100 feet
downstream from the project site.
We probably would have recommended denial of this permit. However, since the
work has already been done it was not possible to evaluate the site. We have the
following recommendations concerning this project application:
1. DWQ and CP&L personnel should investigate to determine if violations have
occurred and take appropriate action.
2. Prohibit the construction of additional wooden walls and other structures in
wetlands at this site. We, discourage the use of concrete or wooden "sea walls"
because the devices provide poor fish habitat.
3. Retain or reestablish a natural vegetated buffer beside Cedar Creek and Lake
Tillery on the project site. Efforts should be made to retain as many trees and
other vegetation as possible within this buffer. Natural buffers help protect water
quality and replace sonic functions lost from impacted wetland areas.
4. Place deed restrictions on the property to prohibit any future wetland impacts by
current or future owners.
5. Prohibit grazing by goats and other livestock within the buffer zone slid prohibit
grazing in all wetland areas.
6. Disturbed wetland areas should be allowed to revert to natural wetland vegetation.
7. Require the applicant to place riprap along the front of the wall to help mitigate
for lost fish habitat. The riprap should be installed along the toe of the wall.
Thank you For the. opportunity to provide input into the review process. 11 1 can
be of further assistance, contact me at [phone].
cc: John Hefner, Supervising Biologist, USI; WS
Larry Mann, Carolina Power & Light
Buzz Bryson, Carolina Power & Light
(V4 /4,
KEMORANDUM PRINT NAMES:
Reviewer-
TO: JOHN DORNEY WQ SUPV.: G
EATVIRO' r AL "SCIENCES BRANCH ' DATE: 3
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
''**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 97 PERMIT NO: 0000225 COUNTY: STANLY
APPLICANT NAME: SHANNON LEE LINDLEY
PROJECT TYPE: SHORELINE STABILIZ. PERMIT TYPE: NW13
COE #: DOT
_A: APP DATE FRM CDA: 03/10/97
RCD_FROM CD
REG OFFICE: }.ARb
RIVER AND SUB BASIN #: 030708 STR INDEX NO: 13-12-(2)
STREAM CLASS: WS-IV WL_IMPACT?: Y/N WL_TYPE: St??
WL REQUESTED : Au4 WL ACR EST?
WL_SCORE(ff) : /,) 99_, WATER IMPACTED BY FILL? :Cv'N
MITIGATION? : YMITIGATION-TYPE: ?/,c??g
MITIGATION SIZE: DID YOU REQUEST MORE INFO?: Y/
4 ? y?
IS WETLAND RATING SHEET ATTACHED?: Y/6)
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:
COMMENTS :
RECOMMENDATION (Circle One)
ISSUE/COND DENY
r6
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li-

cc: Regional Office
Central Files
DEHNR MOORESVILLE R 0
Apr 2 '97 15:07 P.01
4EMOF,ANDUM PRINT NAMES :
Reviewer:
CO: JOHN DORNEY WQ SUPv.: 6
ENVIRONMENTAL SCIENCES BRANCH DATE:
3UBJEC`I: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 97 PERMIT NO: 0000225 COUNTY: STANLY
APPLICANT NAME: SHANNON LEE LINDLEY
PROJECT TYPE: SHORELINE STABILIZ. PERMIT TYPE: NW13
CDE #; DOT , •;
RCD FROM CDA : APP DATE FRM CDA, : 0 3 110 J 97 >>
RUG OFFICE: W D
:IVER AND SUB BASIN #: 030708 STR INDEX NO: 13-12-(2)
STREAM CLASS: WS-IV
WT.-IMPACT?: Y/N WL TYPE : -504 $1-
WL REQUESTED : 6s(j?c /?? WL ACR_EST? r
WL SCORE(O) : 1/14 WATER IMPACTED BY FILL? :C N
MITIGATION? : YrN J MITIGATION _TYPE: A)ZA?--
MITIGATION_SIZE: 111114 DID YOU REQUEST MORE INFO?: Y1
IS WETLAND RATING SHEET ATTACHED?: Y/r ?--??
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: X6
7671
Post-it" Fax Nolee Date M'.mf s?
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CojPepL DO 00.
Phone # Phone # f r
Fait # 3 _ Fax #
C; Regional Office
Central Files
RECOMMENDATION (CiTc1e One)- SSUE? ISSUE/COND DENY
COMMENTS :

DEM ID: .9 7 0 2 2 5 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 13
PRE-CONSTRUCTION NOTIFICATION APPLICATION.
FOR NATIONWIDE PERMITS THAT REQUIRE:
t
1) NOTIFICATION TO THE CORPS. OF ENGINE.ZRS
2) APPLICATION FOR SECTION 40.1 CERTIFICATION
3). COORDINATION WITH THE NC DIVISION OF COASTAL b9%XAGEIlENT
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 SHOULD BE SENT TO THE N.C. DIVISION OF ENVIP;ONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET): PLEASE PRINT.
1. OWNERS NAME : l a-n an d A L ene
2. MAILING ADDRESS : )tj LA9 6 '' ?°.
SUBDIVISION NAME:
CITY: /4l t3 rtmo4lj STATE: ,041 c
ZI W`GDE: ?J)
PROJECT LOCATION ADDRESS, INCLUDING UBDIVISION NAME (IF' "•FFERENT FROM
MAILING ADDRESS ABOVE) : __Aso
3. TELEPHONE NUMBER (HOME) : 7011 - L174- 41'7'4lORK) : 3 6r l
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: %1/. A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTaGRAPHY WITH SCALE): (9Y ocld
COUNTY : g +w n I B ! ! NEAREST TOWN OR CITY: / /
1
r • ~f.y
t
SPECIFIC LOCATION (INCLUDE `ROAD
NUMBERS, LANDMARKS, ETC.) : O C e d a.r C rce% a,}
ddrtic r rs ©ur?d Skfre
nor wood ?.C•
6. IMPACTED OR NEAREST STREAM/RIVER: ywek
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTAN ING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ) NO [vfj IF YES, EXPLAIN :
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [vj
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?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ J NO [?] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PE IT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ J NO [V IF YES, DESCRIBE ANTICIPATED WORK:
9a. 'ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 4 5 Q
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
S?
2

10a. NUMBER OF ACRES OF. WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION: 0
FLOODING: OTHER:
DRAINAGE : TOTAL ACRES TO BE II-1PACTED : 51
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): c? 0 S FT
WIDTH AFTER: ?klo u r?' ,
AVERAGE DEPTH BEFORE: FT AFTER: 6h mi: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER: W !'I I ge- IZ el'41 ts11' 4h
CONSTRUCTION OF A DAM/FLOODING:
Mok4

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?
.P..
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
e
,ea,5> if r - v I'lu ) 1a ("ooa , S?? rvQt, .
13. PURPOSE OF PROPOSED WORK:
3

14. STATE REASONS WHY IT IS BELIEVED THAT'THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND.
IMPACTS):
C, 0,71 i? le4labte la,"j ?<,rr C?V4 /7 S
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE
CONTACTED : (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED : 1 - a- I' q 7
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [J NO W(IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ J NO [ J
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE 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 [phone].
4

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR 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 STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS.50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT Pl--Ul IF REQUIRED.
e. WHAT IS LAND USE OF-SURROUNDING PROPERTY?
ty003 E? I tG'll d'- -f L-1 ?-4;}? R 41?t'.?,,?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEW°'; DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, M.- APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNAT
I-:!-;--T7
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
TEE ONTNER IS PROVIDED (18g.))
5

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Shannon Lee Lindley
45629 Lake Shore Drive
Norwood, NC 28128
Dear Mr. Lindley:
AT441lie?
I D EHNR
April 10, 1997
Stanly County
WQC 401 Project #970225
You have our approval, in accordance with the attached conditions, to place fill material in 0.5 acres of
wetlands or waters for the purpose of stabilizing the shoreline at your lot on Cedar Creek, as you described in
your application dated 10 March 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3102. This Certification allows you to use
Nationwide Permit Number 13 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. 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. 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 or CAMA permit expires unless otherwise specified in the General 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. 276 1 1-7447. 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 Domey at 919-733-1786.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
*06hn:Dorney
Central Files
At"
??
ston Howard, Jr. P.E
970225.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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