19990708 Ver 1_COMPLETE FILE_19990616

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Ms. Maggie Girdwood
Crest Resources Inc
400 South Tryon St
Suite 1300
PO Box 1003
Charlotte NC 28201-1003
Dear Ms Girdwood:
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 12, 1999
DWQ # 990708
Lenoir County
On 2 July, 1999 the Division of Water Quality (DWQ) was notified by receipt of your
applications regarding your plan to fill wetlands and streams and dredge waters for the purpose
of constructing the Sail View development in Lincoln County.
The N.C. General Assembly-enacted a new law effective January 1, 1999 which requires
fees for 401 Water Quality Certifications. If the impact is equal to or less than one acre of
wetland (or waters) or 150 feet of streams, payment of $200.00 is required. If the proposed fill
exceeds these thresholds; the fee is $475.00. Checks should be made payable to the N.C.
Division of Water Quality and sent in with the application. We received a check for $200.00;
However since the stream impact exceeds 150 linear feet another $275.00 will be required. Once
this received we will begin to process your application.
Please call me at 919-733-178.6 if you have any, y questions or would require copies of our
rules or procedural materials.
4J1 c re
n R. Dorney
cc: Mooresville DWQ Regional Office
Wilmington Corps of Engineers
John Dorney
Central Files
990708.pnd
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
CRESCENT RESOURCES
INC.
400 South Tryon Street
Suite 1300
P.O. Box 1003
Charlotte, NC 28201-1003
[phone]
July 1, 1999
Mr. John Dorney
NCDENR - Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Re: SailView
Lake Norman
Lincoln County
Dear Mr. Dorney:
FAX [phone]
Please find enclosed the application for 401 Certification along with the $200.00 check made
payable to NC Division of Water Quality.
If you have any questions or need additional information please do not hesitate to contact me.
Sincerely,
-e Gird "do
/mg
PAYMENT
RECEIVED
CRESCENT RESOURCES
INC.
400 South Tryon Street
Suite 1300
P.O. Box 1003
Charlotte, NC 28201-1003
[phone]
June 14, 1999
NC Division of Water Quality
Attn: John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Re: SailView
Lake Norman
Lincoln County
Dear Mr. Dorney:
[phone]
Please find enclosed 7 copies of a Pre-Construction Notification Application on the above
referenced. I will forward the check required once I have received notification of the amount
due. If you have any questions please feel free to contact me at [phone].
Sincerely,
law
Maggie irdw od
/mg
Enclosures
.. IV
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERTNUT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P. 0. Box 1003,
SUBDIVISION NAME Sai 1 Vi ew
CITY: Charlotte, STATE: NC ZIP CODE: 28901 -1003 -
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webbs Rd. Straight,
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704-901-2990
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Lincoln - NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
T
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the proiect.
6. IMPACTED OR NEAREST STREAMIRIVER: Lake Norman
RIVER BASIN:
Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORw), WATER
SUPPLY (WS-I OR WS-II)? YES( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUN'T'Y (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached-
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: _ 400 Acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
.•.'
FILLING: NnNA EXCAVATION: NONE
FLOODING: NONE OTHER : NONE
DRAINAGE : NONE
TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE AVER; NONE FT
WIDTH BEFORE (based on normal high water contours):
NONE FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic gars of accumulated sediment- frnm
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil material
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To provide adequat warPr dpptb „nAar rbe
boatslips
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MHgIMIZE WETLAND IMPACTS)
Nothing is being done in the wetland areas.
. • R-
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF i INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT ISLAND USE OF SURROUNDING PROPOERTY? R P i or t i
T
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _ VA _
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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 SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: -__X-Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 391
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
- public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments «•ill not extend farther than an average distance of 2 feet
waterward or a maximum distance of 5 feet from the normal pool elevation contour and may not
extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet waterward on a 2:1 slope.
in. Not more than an average of one cubic yard of fill material per running foot of
shoreline will be placed within waters of the United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controls are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
2.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
-Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
5
a floodway that results in any increase in base flood elevations.
m. At his discretion, the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer
7
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the penmittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date February, 2. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 2. 2001
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more'than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of'the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies, concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5
4 - Mitigation. Discharges of dredged or fill material into waters of
the united States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
5. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (LAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the LAMA permit to
the Wilmington District.
7
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
9
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the petmittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date_ _ Februarv 2. 1
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge c3oe, not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of waters of the United
:Mates for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream) ;
d. For discharges in special aquatic '
notification must also include a deleat on f sites,
affected specaial,aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2- Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e-g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. FI.Sh and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(8)).
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project- is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's Adva,se en
level.
vironmental effects to a minimal
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e.g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA.regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then -be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWp for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any niP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery

Cherokee Caldwell

Haywood Clay
Graham
Macon Henderson Jackson
Mitchell Madison McDowell

Stokes Polk Rutherford

Transylvania Surry
Swain

Yancey Watauga Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE
PRE-CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P . 0. Box 1003,
SUBDIVISION NAME Sai 1 Vi w
CITY: Charlotte, STATE: NC ZIP CODE: 29201-1001
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webbs Rd_ Straight
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:
Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the project.
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Norman
RIVER BASIN:
Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached.
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: _ 40n Acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NrTF EXCAVATION: NONE
FLOODING:
NONE OTHER: NONE
DRAINAGE : NONE
TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE FT AFTER: NONE FT
WIDTH BEFORE (based on normal high water contours): NONE FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:
CHANNEL EXCAVATION:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? NIA WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic gars of accumulated Sediment from
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil material
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To grovide adequate water rleprh „nAar the
boatslips -
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
PLACEMENT OF PIPE IN CHANNEL:
COONSTRUCTION OF A DAM/FLOODING:
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? R e c i A un t i n i

f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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,
_ `?• I L.+.. q"l
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
.of the Army by the
District Engineer
U.S. Army Engineer District. Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
- public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments wvill not extend farther than an average distance of 2 feet
waterward or a maximum distance of 5 feet from the normal pool elevation contour and may not
extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet waterward on a 2:1 slope.
m. Not more than an average of one cubic yard of fill material per running foot of
shoreline will be placed within waters of the United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controls are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
3
2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
5
a floodway that results in any increase in base flood elevations.
m. At his discretion, the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer
7

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 county Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the petmittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2. 1
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 2. 2001
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more'than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g))
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d) (2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of'the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit (s) or individual permit (s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies' concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5
4. Mitigation. Discharges of dredged or fill material into waters of
the United states must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to'use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (LAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the LAMA permit to
the Wilmington District.
7
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
9
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the pennittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2. 1
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge doe, not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of graters of the United
States for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e-g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. Fi.s,h and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)),
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e-g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWp 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC) ; the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery

Cherokee Caldwell

Haywood Clay
Graham

Macon Henderson Jackson

Mitchell Madison
McDowell

Stokes Polk
Rutherford
Transylvania Surry Swain

Yancey Watauga
Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent. version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8_ Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11

DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY. 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P. 0. Box 1003,
SUBDIVISION NAMESal 1 Vi ew
CITY: Charlotte, STATE: NC ZIP CODE: 98201 -1003
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webbs Rd_ Straight _
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704- n1-2990
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:
Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the uroiect. -
6. IMPACTED OR NEAREST STREA.'vVRIVER: Lake Norman
RIVER BASIN: Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED )&TrHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached-
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x ) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 400 e„-as
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NnNF EXCAVATION: NaN
FLOODING:
NONE OTHER: NONE
DRAINAGE : NONE
TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE Al-R; NONE FP
WIDTH BEFORE (based on normal high water contours):
NONE FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? NIA WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic yars of accumulated sediment from
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoilt material
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To Rrovide adpquato water elppi-, „nder rho
boatsli s.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT ISLAM USE OF SURROUNDING PROPOERTY? u e cj A an t j ? i

L IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTI-ANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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 SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte; NC 28201
Telephone No.:
Size and Location of project (water body, road name/number. town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Ju y 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FELE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: Januaa 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
_of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
- public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments will not extend farther than an average distance of 2 feet
wateryvard or a maximum distance of 5 feet from the normal pool elevation contour and may not
extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet waterward on a 2:1 slope.
m. Not more than an average of one cubic yard of fill material per running foot of
shoreline will be placed within waters of the United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controls are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
-Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
a floodway that results in any increase in base flood elevations.
m. At his discretion, the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer
7
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: --2L--Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date February 2. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February, 2. 2001
cc: Mr. Leonard S. Rindner
CFSAW Form 591
Revised July 1995
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the Sate Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g))
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d) (2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of. the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit (s) or individual permit (s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies, concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
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4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (CAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
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proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
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6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 county Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge doe; not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of waters of the United
States for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e.g-, an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. Fish and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal Lakes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e.g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax, the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2_ Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4- Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout.waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery

Cherokee Caldwell

Haywood Clay
Graham

Macon Henderson Jackson

Mitchell Madison
McDowell

Stokes Polk
Rutherford
Transylvania Surry Swain

Yancey Watauga
Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent: version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11
r
t
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE

k v,1101 PRE-CONSTRUCTION NOTIFICATION APPLIN
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY. 4401 REEDY CREEK ROAD,
RALEIGH. NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P - 0. Box 1003,
SUBDIVISION NAME Sai 1 View
CITY: Charlotte, STATE: NC 21P CODE: 99901-1003
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webb-, Rd- _ Srra; ghr
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704-901-99gn
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:
Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the project. .
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Norman
RIVER BASIN:
Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (OkW), WATER
SUPPLY (WS-I OR WS-II)? YES( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (X ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached-
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 400 A Gres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: womp. EXCAVATION: NONE
FLOODING: NONE OTHER : NONE
DRAINAGE : NONE
TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE FT AFTER: NONE FT
WIDTH BEFORE (based on normal high water contours): NONE FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic gars of accumulated spdimPnt frnm_
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil material
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To provide adequate water riPpth „nriar t-be
boatslips
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT ISLAM USE OF SURROUNDING PROPOERTY? R a s i a an t i ..,

f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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 SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: __X_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments will not extend farther than an average distance of 2 feet
waterward or a maximum distance of 5 fe-.t from the normal pool elevation contour and may not
extend more than 500 feet along a shoreiine. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet waterward e a 2:1 slope.
m. Not more than an average of one cubic yard of fill material per running foot of
shoreline will be placed within waters of tine United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slios to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controis are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
3
2. General Conditions
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
-Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), ' 5
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The pennittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
5
a floodway that results in any increase in base flood elevations.
m. At his discretion. the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer
7

r
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2. 1
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 2. 2001
cc: Mr. Leonard S. Rindner
CFSAW Form 591
Revised July 1995
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more"than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of'-the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies, concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands Ias may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (CAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
7
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
9
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 county Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date _ Februarv 2. 199
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15, 1999
cc: Mr. Leonard S. Rindner
CFSAW Form 591
Revised July 1995
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge does not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of waters of the United
:;-ates for a distance greater than 500 linear feet- of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
c. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e.g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmeintyr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minim 1 1
a evel;
or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
(1) For N`-JP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e.g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPS to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production- No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
ecc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must- notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC) ; the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery

Cherokee Caldwell

Haywood Clay
Graham

Macon Henderson Jackson

Mitchell Madison
McDowell

Stokes Polk Rutherford

Transylvania Surry
Swain

Yancey Watauga Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:29,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11
DWQ ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE
PRE-CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH. NC 27607. _PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P 0. Box 1003,
SUBDIVISION NAME Sai 1 Vi w
CITY: Charlotte, STATE: NC 21PCODE: 28701-1001
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webbs Rd_ Strai ght
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704-201-2290
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:
Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the Junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the project.
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Norman
RIVER BASIN:
Catawba River
7a IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached.
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 400 A-cres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NomF EXCAVATION: ATONE.
FLOODING:
NONE
OTHER: NONE
DRAINAGE : NONE TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROTECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE FT AFTER: NONE FT
WIDTH BEFORE (based on normal high water contours): NONE FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic gars of accumulated sediment frnm
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil material
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To provide adequate water depth „nder. rho
boatslips -
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT ISLAND USE OF SURROUNDING PROPOERTY? u e c; ,3c n t i .

f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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,
M . L+- gG
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number. town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: __X_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: Januarv 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States. upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District. Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Caroiina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power andlor providing water supply. They were constructed and operated by
public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/I6 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments «-ill not extend farther than an average distance of 2 feet
waterward or a maximum distance of 5 feet from the normal pool elevation contour and may not
extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet watery;•ard on a 2:1 slope.
in. Not more than an average of one cubic yard of fill material per running foot of
shoreline will be placed within waters or the United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products. organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less. is authorized provided the dredge material is disposed of at
an upland site and proper siltation controis are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
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2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of constriction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
5
a floodway that results in any increase in base flood elevations.
m. At his discretion, the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer
7
'k 'T
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 county Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: `L Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2. 1
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 2. 2001
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
A
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more-than one-third acre. Furthermore, no more than a total
of 200 linear feet of the-fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation office and the National
Register of Historic Places (see 33 CFR 330.4(g))
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
. b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit (s) or individual permit (s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies, concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must he minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (LAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
7
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
9
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live 'or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: -_X _Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge doer, not cause the loss of more than three (3) acres
?)f: waters of the United States nor cause the loss of waters of the United
;fates for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
c. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
2:*wPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e-g-, an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. Fi.Sh and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcint-yr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e.g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC) ; the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery
Cherokee Caldwell
Haywood Clay Graham

Macon Henderson Jackson

Mitchell Madison
McDowell

Stokes Polk
Rutherford
Transylvania Surry Swain

Yancey Watauga
Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina wildlife Resources Commission
Habitat Conservation Program manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11

DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH. NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P. 0. Box 1003,
SUBDIVISION NAME SA1 1 Vi aw
CITY: Charlotte, STATE: NC ZIP CODE: 29201 -1001
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webb.,; Rd_ Strai ght
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704-201-97CM
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:
Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the project.
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Norman
RIVER BASIN: Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (OkW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached-
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO ( x ) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 400 e,.ros
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NnNF EXCAVATION: NONE
FLOODING:
NONE
DRAINAGE : NONE
OTHER: NONE
TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE FT AFTER: NONE
WIDTH BEFORE (based on normal high water contours)
NONE FT
AVERAGE DEPTH BEFORE: FT AFTER FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION
CHANNEL EXCAVATION:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic yars of accumulata sAdimPnr frnm
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil aterial
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To provide adi-quate water dp th ,,,,r1or rho
boatslips
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINR?= WETLAND IMPACTS)
PLACEMENT OF PIPE IN CHANNEL:
COONSTRUCTION OF A DAM/FLOODING:
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ( ) NO ( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT ISLAND USE OF SURROUNDING PROPOERTY? R a c i j nn t i n t
f IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE NORTH
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COAST? ALROPOSED
MANAGEMENT PROGRAM,
OWNER' GENT'S SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350
County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District. Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments «ill not extend farther than an average distance of 2 feet
waterward or a maximum distance of 5 feet from the normal pool elevation contour and may not
extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet waterward on a 2:1 slope.
in. Not more than an average of one cubic vard of fill material per running foot of
shoreline will be placed within waters of the United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controls are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
-Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
5
a floodway that results in any increase in base flood elevations.
m. At his discretion, the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the penmittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date February 2. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 2. 2001
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g))
13. Notification.
a. Timing. where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d) (2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit (s) or individual permit (s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies, concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands' as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (LAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
7
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
9
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the peimittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the pemrittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date February 2. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
I,
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes discharges
of dredged or fill material into headwaters and isolated waters provided that
the activity meets all of the following criteria:
a. The discharge does not cause the loss of more than three (3) acres
of waters of the United States nor cause the loss of waters of the United
States for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: Whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e.g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U..;. Fish and wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://king fish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineers
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e.g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean water Act).
4. mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic', or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery

Cherokee Caldwell

Haywood Clay
Graham

Macon Henderson Jackson

Mitchell Madison
McDowell

Stokes Polk Rutherford

Transylvania Surry
Swain

Yancey Watauga Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9

project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or
exceed those outl.iiied it: the most recent-. version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P . 0. Box 1003,
SUBDIVISION NAME Sai 1 Vi ew
CITY: Charlotte, STATE: NC ZIPCODE: 29201-1001
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webb- Rd_ S rai ght
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704-201-9990
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY:
Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the junction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the proiect.
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Norman
RIVER BASIN:
Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES( ) NO (x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENV IROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached.
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 4QU A..ras
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NnNF, EXCAVATION: NNE
FLOODING:
NONE
OTHER: NONE
DRAINAGE : NONE
TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE FT AFTER: NONE FT
WIDTH BEFORE (based on normal high water contours):
NONE
FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/E1 WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic gars of accumulated 4ed;mant- frnin
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil material
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To provide adequate water dppth „nriar rho
boatslips -
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPOERTY? R e c i A nn t i ..1
. a ;
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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
MANAGEM ENT PROGRAM,
L+• qq
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
I 50e
DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NAB
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFCATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
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 MUST BE SENT TO THE NC DIVISION OF WATER
QUALITY. ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD,
RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: SailView Properties, LLC
2. MAILING ADDRESS: P- 0. Box 1003,
SUBDIVISION NAME Sa i 1 Vi w
CITY: Charlotte, STATE: NC ZIPCODE: 28201-100'1
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Highway 16 North right on Webb-, Rd- ra; gbt
into SailView subdivision
3. TELEPHONE NUMBER: (HOME) 704-799-2081 (WORK) 704-901-2990
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: N/A
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Lincoln _ NEAREST TOWN: Denver
Attached is a USGS Quad Map showing site.
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) From the i unction
of I-85 with Hwy 16, go North on Hwy 16 21 miles, turn right on SR 1379 (Webbs Rd)
for about 1.8 miles. Webbs Road ends at the entrace to the proiect.
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Norman
RIVER BASIN:
Catawba River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURSE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( x ) IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIROMENTAL CONCERN (AEC)? YES ( ) NO (x )
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? No
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES (x ) NO ( ) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): ID # 199830350, 199930296, 199930297 Permits attached.
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 400 e - r e s
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.8 Acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NnNF EXCAVATION: *NONE
FLOODING: NONE OTHER : NONE
DRAINAGE : NONE TOTAL ACRES TO BE IMPACTED: NONE
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF N/A
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NONE FT AFTER: NONE FT
WIDTH BEFORE (based on normal high water contours): NONE FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: COONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED
POND SURFACE AREA?
12. DISCTIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Excavate approximately 9,900 cubic yars of accumulated sediment- frnm
approximately 207,000 square feet of open water on Lake Norman. All dredging
activity will be done by a mechanical dredge which will pump the spoil aterial
into sediment raps as shown on the attached map.
13. PURPOSE OF PROPOSED WORK: To provide adequate water dppt-h „nde-r rha
boatslips
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Nothing is being done in the wetland areas.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERIVE REGARDING THE PRESENCE OF ANY FEDERALY
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: 1-13-98
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. DATE CONTACTED
1-13-98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ( ) NO ( x ) (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN ENVIRONMENTAL
DOCUMENT PURUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO( )
b. IF YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( )
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIONFROM THE STATE
CLEARINGHOUSE 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].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: There is no dredging and no dischard of excavated material into
the weslands.
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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
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 PLAN IF REQUIRED.
e. WHAT ISLAND USE OF SURROUNDING PROPOERTY? R a s i e9 a n t i. l
f IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N A
l
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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,
_ `1 • • ?}q
OWNER'S/AGENT'S I L{-
SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
-THE OWNER IS PROVIDED).
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199830350 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC
Address: P.O. Box 1003
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview Development" ; Hwy. 16 north, right on Webbs Road. Project at end of Webbs
Road at intersection with Burton Lane on Lake Norman .
Description of Activity:
Excavate approx. 9,900 cubic yards of accumulated sediment from approx. 207,000 square
feet of open water on Lake Norman. All dredging activity will follow Duke Power's Shore-
line Management Guidelines and will not occur during the months of March-June. Excava-
tion will be performed "in the dry" as much as possible. No wetlands will be impacted by
the project.
Applicable Law: _X_Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Water Quality (NCDENR), telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 20. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31. 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1. 1998
Expiration Date: December 31, 2002
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
public utility companies or under laws and regulations administered by the Tennessee Valley
Authority (TVA). Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands owned or
under flowage easement to public utility companies and the Tennessee Valley Authority (TVA).
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation and not
break away.
1. Bulkhead and riprap alignments «vill not extend farther than an average distance of 2 feet
waterward or a maximum distance of 5 feet from the normal pool elevation contour and may not
extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads
and will extend three (3) feet waterward on a 2:1 slope.
m. Not more than an average of one cubic yard of fill material per running foot of
shoreline will be placed within waters of the United States.
n. All fill material will be obtained from an upland source and confined landward of
bulkheads.
o. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
p. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controls are used. Excavation activity must not occur during
the months of March, April, May, and June because of potential impact to fish spawning areas.
(This condition will become effective July 1, 1998)
q. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
r. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
-Engineer may direct, affect compliance with the terms and conditions or return the worksite to a
pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
e. The pennittee must perform the work authorized herein in a manner so as to minimize
any degradation of water quality. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
g. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
a floodway that results in any increase in base flood elevations.
m. At his discretion. the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific construction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
n. The permittee or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Terry R. Youngbluth
Colonel, Corps of Engineers
District Engineer
7
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930297 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Impact approx. 100 LF of an unnamed tributary to Lake Norman for the purpose of constructing
a road crossing in association with the above referenced development. Approx. 4,000 LF of
stream channels and 2.8 acres of wetlands will be avoided by the development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date February 2. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification. February 2. 2001
cc: Mr. Leonard S. Rindner
CF.SAW Form 591
Revised July 1995
NATIONWIDE PERMIT #14: ROAD CROSSING. Authorizes fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more'than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected high flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) according to the "Notification"
general condition. This notification must include a delineation of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its Section 401 water quality certification.
12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CPR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CPR 330.4(8)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CPR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of'the proposed project;
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.).
3
The District Engineer will, upon receipt of a notification, provide
immediately, e.g., facsimile transmission, overnight mail or other expeditious
manner a copy to the appropriate offices of the Fish and Wildlife Service,
State natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmitted to telephone or fax the District Engineer notice that
they intend to provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the notification. The District Engineer will
fully consider agency comments received within the specified time frame, but
will provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies, concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, in lieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
5
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource
Water" (ORW), a designated "High Quality Water" (HQW) or a designated "Primary
Nursery Area" (PNA), of North Carolina or in contiguous wetlands (as defined
by the North Carolina Division of Water Quality) to any of the above waters,
proponents must notify the Wilmington District Engineer and furnish a written
statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to working in the waters
and/or contiguous wetlands and why alternatives were not selected; and a plan
to provide compensatory mitigation for all unavoidable adverse impacts to the
waters and/or adjacent wetlands as may be required by the applicable NWP.
Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental
Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (LAMA), a proponent must
first obtain the required CAMA permit and furnish a copy of the CAMA permit to
the Wilmington District.
7
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancey
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
7. Finished elevations of a road must not be lower than the elevation
of surrounding wetlands to prevent the road from functioning as a ditch and
draining adjacent wetlands.
8. The total area of wetlands impacted, including wetlands drained by
ditches excavated adjacent to roads or by the road itself, must not exceed the
1/3 acre limitation of this permit.
9. All wetland crossings must be from previously existing high ground
to previously existing high ground.
10. Culverts installed in crossings must be of sufficient size to allow
normal surface water exchange between the wetlands on either side of the road
and to maintain normal hydrology across the wetland.
11. All fill material must be obtained from an upland source.
12. Culverts may not be used on crossings of streams designated by the
North Carolina Division of Marine Fisheries and the North Carolina Wildlife
Resources Commission as anadromous fish spawning areas. Crossings must be
bridged. This does not apply to culverts being replaced with culverts.
13. Uncontained concrete may not be poured in streams.
9
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
8. If this Certification is used to access building sites, all lots must
be buildable without additional fill beyond that allowed under other General
Certifications. Deed restrictions must be placed on the remaining wetlands on
these lots to restrict future fill. The North Carolina Division of Water
Quality (NCDWQ) shall be sent copies of all deed restrictions applied to these
lots.
9. This Certification shall be utilized for roads from natural high ground
to natural high ground. The Certification for NWP No. 18 may not be used in
conjunction with this Certification to create high ground for road access.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Additional site-specific conditions may be added to this Certification
to ensure compliance with all applicable water quality and effluent standards.
12. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the NCDEM.
11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930296 county Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, Inc.
Address: 400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Sailview" development located on approx. 400 acre tract on Lake Norman off of Webbs Chapel
Church Road.
Description of Activity:
Drain and fill over a 0.19 acre pond and impact approx. 200 LF of unnamed tributaries to Lake
Norman for the purpose of constructing 2 road crossings in association with the above
referenced development. Approx. 4,000 LF of stream channels and 2.8 acres of wetlands will be
avoided by the development.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Februarv 2. 1
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS.
of dredged or fill material into headwaters and isolated waterrslprovidedhthats
the activity meets all of the following criteria:
a. The discharge does not cause the loss of more than three (3) acres
of: waters of the United States nor cause the loss of waters of the United
States for a distance greater than 500 linear feet of a stream bed;
b. For discharges causing the loss of greater than 1/3 acre of waters
of the United States, the permittee notifies the District Engineer in
accordance with the "Notification" general condition;
C. For discharges causing a loss of 1/3 acre or less of waters of the
United States, the permittee must submit a report within thirty (30) days of
completion of the work, containing the following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the
United States (e.g., 1/10 acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of all affected special aquatic
sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Note: whenever any other nationwide permit(NWP) is used in conjunction with
this NWP, the total acreage of impacts to waters of the United States of all
NWPs combined cannot exceed three (3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
b. Authorization of an activity by a NWP does not authorize
the take of a threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate authorization
(e.g., an ESA Section 10 Permit, a Biological Opinion with incidental
take provisions, etc.) from the U.S. Fish and Wildlife Service or the
National Marine Fisheries Service, both lethal and non-lethal takes
of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
12- Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification (for discharges causing the loss of greater than 1/3
acre and less than 3 acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
3
(2) that the project is authorized under the NWP subject to
the applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific,
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
(1) For NWP 26 (between 1 and 3 acres of impact). The
District Engineer will, upon receipt of a notification, provide immediately,
e-g., facsimile transmission, overnight mail or other expeditious manner a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA , State Historic Preservation
Officer (SHPO), and if appropriate, the National Marine Fisheries Service.
The agencies will than have 5 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend
to provide substantive, site-specific comments. If so contacted by an agency,
the District Engineer will wait an additional 16 calendar days before making a
decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies, concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26
only, where the State has denied its 401 water quality certification for
activities with less that 1 acre of wetland impact, the EPA regional
administrator may request agency coordination of PCNs between 1/3 and 1 acre.
The request may only include acreage limitations within the 1/3 to 1 acre
range for which the State has denied water quality certification. In cases
where the EPA has requested coordination of projects as described here, the
Corps will forward the PCN to EPA only. The PCN will then be forwarded to the
Fish and Wildlife Service and the National Marine Fisheries Service by EPA
under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations, wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
5
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
7
5. Prior to use of any NWP for construction of animal waste facilities
in waters and/or wetlands of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include
the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected;
and, a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar
days of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by
upland perimeter ditches or by other means, will be considered as cumulative
impacts in making a decision to assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-
five (25) designated counties of North Carolina, proponents must notify the
Wilmington District Engineer and furnish a written statement of compliance
with all of the conditions of the applicable NWP. Notification will include a
letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC) ; the location of work; a delineation of wetlands; a
discussion of alternatives to working in the mountain trout waters and why
alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to the mountain trout waters. Work may
proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of
receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe
Buncombe
Burke Avery

Cherokee
Clay Caldwell
Haywood
Henderson Graham

Macon Jackson

Mitchell Madison
McDowell

Stokes Polk
Rutherford
Transylvania Surry Swain

Yancey Watauga
Wilkes
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive
written approval prior to performing work that would impact more than 150
linear feet of a stream. Notification will include the location of work, a
9
project is in compliance with all conditions of this General Certification.
For the purpose of this Certification, streams are defined as blue or purple
lines for permanent or intermittent- streams as shown on the most recent
version of the USGS 1:24,000 topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal. or
exceed those out.liiied in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
8. Additional site-specific conditions may be added to projects with
greater than one-third acre impact to wetlands or 150 linear feet of streams
which are proposed under this Certification in order to ensure compliance with
all applicable water quality and effluent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an individual project shall expire on
December 13, 1998 to coincide with the expiration date of NWP No. 26.
11
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- - _ _ IRED_ELL CO
/ • ~ t ~ ` - ~P ~ ttt. a l P In~:'-. j ~1^1 s` l MECKLENBURG r•~
ELEVATION 780
C~ ("Ck
D(tv~ ds0n
1399 a071-> ~
Golf Course J I n .
Pumping ° )P9u0o,,, N.
z n T ~,~n Station' Station ns°
~ I'nirfield • i II - »a
Westport ass Cem . ~ n I ~ ttM`
ie9il Boatl 1 n o 30 ll. ' • ' i ~ ii-_~_ . Ramp , ~ ~ y. I
35 TRIANGL[. r a MI. 501 1 410000 FEET 503 57'30° 504 505 (LAKE NORMAN SOUTH) 81,00' CYiARLOTTE 23 MI- 4854 IV NW 507 55' 508 509 '09 3 b ° 30'
E` Mapped, edited and published by the Geological Survey STALE 1 ?4000 510 lluou,,,F 60°b2'30"
Control by USGS and USC&GS Mnl 1 ROAD CI A`, ~II I( AHON '0C)
Prini ~~yW MN liAlu o I000 100, 7 'aNkl 6(NM, ItXb 11 f- ')PIT r, {7 0 u1 Topography by photogrammetnc methods. from aerial photographs r, Primary highway, Lduty road, hard or
V dll taken 1965. Fjeie checked 1970 o Innoa[rfe s Secc haid surface 11111 i~wod surface <<'L Secondary highway
Polyconic prolecbon. 1927 North American datum hard hard surface - _ _ U;omproved road
10,000-foot grid -,sea on North Carolina coordinate system CONTOUR INTERVAL 10 FEET 1000 meter J-:~_I;ai Transverse Mercator grid ticks, zone 17. NATIONAL FFr•; VERTICAL. i,..luM IF 1929 Interstat, k ;utr U S Route ( ' Stai, R ,.it
shown in blue ~N
F,.ne r `4shi: i.nes indicate selected fence and Bela .ones An
gene di n` -on n.' AF',. NOP -
MAP COMP,:: ',,;LufvAL h:;- LAKE NORMAN NORTH, N. C
,ALE BY U S GLt,01'- 4L;

z .
UNITED STATES r STATE OF NORTH CAROLINA ~ s DEPARTMENT OF THE [NTERIOR LAKE NORMAN NORTH QUADRANGLE
a4~, DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES NORTH CAROLINA ,,r~e~
v GEOLOGICAL SURVEY RALEIGH. NOFTH CAROLINA 7.5 MINUTE SERIES (TOPOGRAPHIC) ' `y~
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LINCOLN I' u h . CO Iq
W ~ie39x H i ~ ii ~ 1 ~ ~ I u ~ ~i~ , /99 ~ • ~ • e I~_
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H.' I, ~P1o0br11 ~ ~ C uao 1 11 a it % a u n: n
FFFT ~ ~~1 I C~ x ~ A 'q 11i, a 11 11 0 „ U
' I ~ 0 _ j ( IREDELL' ~ a- ~ - water ~ r co • 776 ~ T 3 ? it
V l 'Tank ( x MECKLENB - - 889 ~ i I UR(i CQ BM i •0° 7H ~f •
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39 t ~ I ~ ~o - _ _ 30 1376 1 ~ ~ , ~j ~ - . ~ _ I - _ 3930
- ~ - _ _ IftED_ELL Cp
~ 77 / ~ /.J ~ Y 777. ~Q MECKLENRitur
~ ,~1~,:, ~ / . ~ a , ,
,\I ( If 1 / / ,off \ acS 1,-v~ • 1~ ,lf' ELEVATION 760
C
f) a) dson
F 1389 @oz / ) 111
~ Golf Course i %1 ~ r 0 tl 'vp
6~'. 1,):. _ Pumping ~I / "rpgnam" N. Pumping
Station 5 Station'. , »a
IhlirfiJd 11 ~ 1Q cal 1, Westport 176 J
ass Cem . a ~ ~ OM~r Ilk
~.n~ . Boatli; p
35'30' RamP TRIANG[L. 14M1 501 1410000 FEET s 03 57'30° 504 505 LAKE NORMAN SOUTH! 5 81 *00, CHA/dL0 T7F 23 ML' 4854 /V NW 551 508 509 -
w~ Mapped, edited and published by the Geological Survey SI:AI-E 1 24000 510 SIPWO "F. 80 02'30"
ROAD CI ASCII Ii AIION Primary highway, L it~lil duty road, hard or
71E Control by USGS and USC&GS * + { Mnl Prim, Topography b hoto rammetric methods. from aerial MN Iu"1 1000 a"xl ai°" x,1 1 b00o '000 rlfl 1, 1 'IACT r 0 ~1 by V' g photographs c held
taken 1965. F,ex checked 1970 0 I h11I1MEiFR { i-_1. =f : d Sec01 hanf Surface nn; i,rved surface
Polyconic projection. 1927 North American datum hard Secondary highw~,, F hard surface Uuuuhroved road
10.000-foot gnd c„e7 on North Carolina coordinate system CONTOOR INTERVAL 10 FEET 1000-meter U-- rsai Transverse Mercator grid ticks, zone 17, NATIONAI IMF' i' VERTICAL I-.1111A ;,F 1929 Interstat, k :ulr U S Route (!Staff
shown in blue -
~NI Fine r 'ashF] I n-s indicate Selected fence and field ones. mlh, -
gtnp ,nnn ur,, . hf':, NOR`- ,H LNAIr~;_ ,
11AP COMP; i,: I uNAL hlr, LAKE NORMAN NORTH, N. r N VRflfi:'
SALE BY U S GLuL0(- RL; I

1
T S STATE OF NORTH CAROL[NA LAK UNITED STA E LAKE NORMAN NORTH QUADRANGLE ~~~~~~°y
rs a DEPARTMENT OF THE INTERIOR DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES NORTH CAROLINA ua~,P`~
4~'~ Y RALEIGH, NOR i H CAROLINA 7• GEOLOGICAL SURVE 7.5 MINUTE SERIES (TOPOGRAPHIC) ' `y~
4855 IN MW - 81 "00' s01ooom{, sOT X03 57'30" 504 _ 505 rrnournnaNi 506 'Ol 55' SOB - ~ 309 V - - _ X09 510 ,1440000 1t.EI 511 80°52'30" - - ~ r.. _ _J 35°37'30„
r~ 35°3730" -T--1 - - T w- Il~~ ~ _I 6° ~ ~1 p ~130~•,0' ' N , > ~ ? ~ ~ ~ J ~ 0 fi ~ ~ ~ f i Bhp ~~n~ ~30~~: .
i \ _ r51 h~ , ~ ~ 11 f ~ ) ~~4Poom„ N. X901 1848 t~ ~ ` i I % . 4 J, 11 j • A i, I 3942 \ d,
~ % ~ 1838 0 1 ! A \ i o Substa ~ n 1~~ ~ ri ~
-r-~ r ~ I, I f ~ M ~ r , ~ ',l' _ ~I , T(. ~ U
~ ~ . , -.1, ~ ( i - ~ ~ , I 77 ~
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i e (I ~ .
~ • ~ ~ ~ '1 1 ~'1 ~ ~ ~ I 1 F ~ % [ 1; 841 ~ ~ ~ ( , ~ , • Pum 1n I~ P B f Crg~t ,Station L3M
1 ~ ( ; . 778 ,2 ' 1 0 Ira 13 1 770' Gold Mine ~I ' ` ~ Island
/ ~ ~ ~ ~ ATA CO 'i I ~
a 1 n _ ~ 1 i C ~ ~ "VA' ` C 39 ~ pj ~ / ,rte 'fi' ~ (-1:~^• / ~~>~,L ~ 41 ~._i f- 1 ~a Q ~ I ~ ~ i IR ~n`-:_ li.i:' I or viUc , ~gl .I~ ~ ~ %t 1141 ~villc ~ ~ ~
1 ,1,; _ . , ~ • ~ I . ~ ~ ~ ~ I Orl ~ ~ ~ I. It Ort ~ il' ~ ~ ~~~~rnn / - ~ ; ~ 11395)
e , 1842. 8§7 ~ ~ I n ~ ~ t 1 ( ( 1 28 e3az~~ ~ ~ ~ ~ ~ t ~ I• B7L L ~ , ~ ~ 9 ~1 IQ l~ 1 28 asaz' ~ ~ ,ezs
, ~ j ' r. I
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i ~ ~ ~ - ~ = • -
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b ° r%~ ~ ~ ~ ~ i-. ~ ~r~P, Ramp o l~BW ~ o ~ ~7 . r ;li i I, I ? 9940
it t~ ~ ~ ~ _ 1~ 39 ~ ~ _ ~ ~ tr , ~
40 . ~ ' ~ m ~ ~ l rr~r ) 1 ~ .L ` - . ~ _ ;I ~ % ~ ~ , _ p / U ~ ~ 867 ~ A i ~1. 6so 000 _ ~ i , % ! ~ FEET
~ _11, ~°Boat ~ , • •IJ az7 • _J rl 1j. m / ~ ~ DOO~IE .r' ~ „ Ra P za 1 ~ 1 ` rea Doolie
, ~ ~ ~ L BM i ~ ~ 1 a Y ~ 1 ~NM Mots Grove.ch 879 ! ~ ~ ]ir . Campgroundr; ~ , • (I /Ch ~Cem 1 • BM 6~9 J~ ~ ~r i ~ ~ ,i ~ U,o $53 ~ ~1 ~~n - C h ~"Cem ~ ~ BM 6~9 ~ ess ~ i
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1 fis-~ ~ I e_ .Z ~ p ~f ro 4 ir; ~ n r. 11
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Mapped, edited. and published by the Geological Survey SCALE 124000 V I l s V ROAD CI ASSII Ii AHON
y1\~E 14111 Y by USGS and USC&GS 1 11 Topography by holo rammetric methods, from aerial Mn 0Ui 1000 S"10 pi" "CA' b0uu it)()() IfII to Primary highwdy, LiR~lil duty road, hard or
0 Primary 1 Y y P g photographs hdtd5url taken 1965. Felo checked 1970 u had surface u.,{-wed surface ~ L
I K4UMCilR ' ~ ^J SaCOntiar Polycon c piolechun. 1927 North American datum CONTOUR INTERVAL 10 FEET hard surf tiF Secondary highwa;
10,000 foot grad Garj on North Carolina word-hate system hard surface _ _ _ U;;unproved road
1000-meter Ur::cr;a~ Transverse Mercator grid licks, tone 17, NATfONAI.;:-IrFrC VERTICAL ,.lurt F 1929 It Jar Interstate k;ute U S Route ( 'Stat.
Shown in clue
Fine r shei ir - indicate selected fence and held ilnes w<,• gene .rl:al n ,r,nn .S un.. M1r',. ',NOP'-
HF ~ MAP COMP:,:JuNAL hl r, LAKE NORMAN NORTH, N. C
SALE BY U S GL L0(- N VRu~i1
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STATE OF NORTH CAROLINA UNITED STATES LAKE NORMAN NORTH QUADRANGLE , NORTH CAROLINA ~"~,Q
ss INTERIOR DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES 7.5 MINUTE SERIES (TOPOGRAPHIC)' `y~
7~~ DEPARTMENT OF THE y~ RALEIGH, NORTH CAROLINA GEOLOGICAL SURVEY 4,,,5 „1 ~W spg 510 1440000 t-t-F1 'll 80°52'30"
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• _ ~ / - ~ /I In ~ ~ : 1n• •
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ELEVATION 760 " C
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Q~P /
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/ Golf i Course ;r .II ? ,v29rea,n„ N. ~ x
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far • Westjwt t NM J6
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~j iRIANGI L 1 4 MI 501 ] l~l)~Q 4854 IV NW 81,00' c"Ar7LOrTE 23 MI ROAn CI As1~il 1( AIION 10
he Geological Survey ~I ALE l?4000 0 Mapped. edited and published by t Y Mlll V i - 11_. I i I r - - ' Prinrdry highway. Li Ill duty road, hard or
1 Control by USGS and USC&GS r, ? Mm ]rt F t l t 1000 ,rx 4,- •.N>Ir eoou I(HA) llE1 hurl surface 1111 r.,ved surface F
o~11hu hutogrammetnc methods,irom aerial photographs Topography by P ru Secondary highm-.,
taken 1965. F,eocnecKed 1970 I rcnoM[r[a _j t- I hard surface Unimproved road
Polyconic pro,ect-n 1927 North Amenca^ datum CONTOUR INTERVAL ]0 FEET Interslat, k ;ute U S Route ( St'it'. R-11'-
IC.000-foot grn] mseo on North Carohna coordieate system NATIONAI i F- " VERTICAL I,rM 1929 1000-meter U-, rsa: Transverse Mercator grid ticks. zone 17.
shown ~n blue
Fine r' -4shr-7 i res lndVatP Selected fence and fi~l! ,ne-, Ari• Ni, - - t.bAlc.. LAKE NORMAN NORTH, N. r
g"ne r ~ al -in uo.• . N,i,P r. '11AP COMP, ,1,oNAL hl;- N - Avrt~,~~.f
i ALE BY U S UL-LOS" - kE: ~ 1.
i

UNITED STATES ~~p`'
s STATE OF NORTH CAROLINA LA ~~~1 DEPARTMENT OF THE INTERIOR DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES LAKE NORMAN NORTH QUADRANGLE ~ Q
GEOLOGICAL SURVEY RALEIGH, NORTH CAROLINA NORTH CAROLINA ~ 7.5 MINUTE SERIES (TOPOGRAPHIC) ' \5~~
- 81 5 OOOm. 5 h 5 S 4855111 NW ~ S 5 01 E 02 03 _ 5730_" 04 05 _ rrr~ourM,aNi 06 0] 55' 08 509 509 510 ; 1 440000 I E_(.l 'll 80°52'30"
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v ~ ~4 ~ 7 ~ / ~ % c. . `y ~ ,i ~ l.,/ ~ \ ~ ' , 978 • fZ~' 1 ~ ~ • Cre~ ,Station LtM I i 776 Gold Mine_
do % 'J i ~ $ i ~ ~ ' A ( ~ _ A S w , ` ` ~ Island o ~ ~ ,(lo~ I ~ ~ ~
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a'•I I% ELEVATION 160 . ) ~ a f C~'e~k
i ~ > p i i
1389 1 g(ll,~ n a )o P~v~ds0a
Golf Course ,n i ~ ~ ' u I o
P °a i 1 f ~ Pumping
Slalimi Pu n, U i t, g m291100u1 N. Station 7" _
I'Illfril'1I 1~ _ • • it
l (a, West rt
Boa t 35-30' .
. Ram rR1ANGLL 1 4 Mr. 501 1 410000 FEET 503 57'30' 504 505 (LAKE NORMAN SOUTH) 5
81 °00' CHAKL0rTE 23 ML 4854 IV NW 01 55' Sp8 5pg - 501 3b JV 510 sllWft„E 80b2'30"
Mapped, edited and published by the Geological Survey SCALE 124000 ROAD CI ASSII if AIION 'tom
Control by USGS and USC&GS t 1 i Mnt ~y 1 Pnnler' Mn Irk><i c 1000 urnl dnia. -,(0) r Primary highway, Litl,lit duty road, hard or
~ h Topography by Photogrammetnc methodsiirom aerial photographs - b000 100" 11 1 p ui I t 1 r 11_ c- hanlsc taken 1965. Fie',a checked 1970 s o 1 nnOMEUR hard surface 11 111 wed surface
_ a Seconc Polyconic prolechon. 1927 North American datum hard sr F~ Secondary highway hard surface U,omproved road
10,000-foot grid LosE7 on North Carolina coordinate system " CONTOUR INTERVAL 10 FEET
1000-meter U--: rsai Transverse Mercator grid ticks, zone 17. NATIONAl •FE VERTICAL ;.-1,jM -;F 1929 Interstate k;ute U S Route ( !State Rr,ut~-
shown in blue 1 ~Ni
Fine r, 'ashFI rr°$ indirate selected fence and firll nne, wn, - At, N6H'- grnP .^or-nn tlli,,',•
MAP COME. „11aiNkl F5p,, a~~, ;ALE By U S LLULO" LAKE NORMAN NORTH, N. C
N 11/RO~i~I
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