19980996 Ver 1_COMPLETE FILE_19981013

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
A ??
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
October 16, 1998
Montgomery County
WQC 401 Project # 980996
APPROVAL of 401 Water Quality Certification
Michael and Sonya Cato
5196 Woodrun on Tillery
Mt. Gilead, NC 27306
Dear Mr. and Mrs. Cato:
You have our approval, in accordance with the attached conditions, to place fill material in 0.0035 acres of wetlands
or waters for the purpose of constructing a seawall, as you described in your application dated October 13, 1998. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3100.
This Certification allows you to use General Permit Number 031 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 Watershed regulations. Also 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 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
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 919-733-1786.
Sincerely,
e on Howar , F. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files
980996.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone]
FAX [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: OCT 131m
1) NOTIFICATION TO THE CORPS OF ENGINEERS D$ 6RUUf•
2) APPLICATION FOR SECTION 401 CERTIFICATION WA SECT'-'P
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEIdENT "
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 ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
2. MAILING ADDRESS: WCnA Y-on d ri 1 I I eY
1 ? ??? 1\ I?? `y C 7 J0? SUBDIVISION NAME: W 00 y
CITY: T 6-iIe? C? STATE: ! C ZIP CODE: z -7 scG
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Lod-- g? 3 , (-tc?a? y C('rc-? 2 , Wodc r''1
9 i o43gg??9 ?D4 V14 -7-14 ''
3. TELEPHONE NUMBER (HOME): (WORK): `f?
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):
1' l?t • t? ?a
COUNTY: M Ak a rim NEAREST TOWN OR CITY:
0:?6&e&. ?_ake 'I -Oer4l W0e>Jv'Vm - aCeok, r?16_p .
1
SPECIFIC LOCATION
NUMBERS, LANDMARKS, ETC.): ? DL g b '3 - I

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(INCLUDE ROAD
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IMPACTED OR NEAREST STREAM/RIVER:
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of r0vy1f
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RIVER BASIN: ?-cf- D e-e-

7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS}TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTAN ING RE80URCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES NO IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION 0 OASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO
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 G?.
8a. HAVE ANY SECTION 404 PERMITS EEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ J NO IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIO INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED-FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO-pql IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: © •? ??
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :
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%- 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 AIY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT AY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)

16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATIOPT OFFTIMR
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE rr HT°yvRIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THr PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF 2UBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO X (IF NO, GO TO 1P
?nIG-
Y) /o...
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUTAEMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ l
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
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.
YES [I NO [ J
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].
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Description of Proposed Sea Wall
The sea wall shown in the attached diagram will be four feet high and constructed of two
inch thick planks of treated lumber. The diagram shows the contour of the existing
shoreline. The area between the existing shoreline and the sea wall will be back-filled
with dirt generated from landscaping of the property above the seawall. The bank above
the sea wall will be sloped steeply and planted with juniper to prevent erosion. Attempts
will be made to minimize the loss of trees within thirty feet of the shoreline. Vegetation
that must be removed will be replaced with groundcover (including trees) appropriate for
maintaining the integrity of the waterfront.
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