HomeMy WebLinkAbout20021890 Ver 1_Complete File_20021211OF 1VVq A7-fi9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
„0 North Carolina Department of Environment and Natural Resources
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Alan Klimek, P.E., Director Division of Water Quality
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December 30, 2002
DWQ # 02-1890
Gaston County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Bradley Deweese
1009 Ashley Place
Belmont, NC 28012
Dear Mr. Deweese:
On December 11, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of shoreline stabilizaiton in Gaston County.
Approval from DWQ is required to disturb these waters. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable
scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A
NCAC 2H.0500.
Please indicate the location of the protected buffers as overlays on the site plan and show the
location of the planned shoreline measures.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue. the project and will consider it withdrawn.
Sincerely
John R. Dorney
401 Water Quality Certification Program
JRD/bs
cc: Moresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
T
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service. Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd,, Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetlands
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 021890
1.
Applicant Information
1 2002
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1. Owner/Applicant Information
Name: &rc.?- 1EL,\ -\) e000Ie
Mailing Address: l o o ASIA ( l c e T I? I r?,o?? , N L ag b!
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Telephone Number: 701-L Fax Number: -70 L/ - V-5-
E-mail Address: b ca de to e e so e /I so?}t . nel
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
H.
Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location 1County: O U S`IO , Nearest Town:
Subdivision name or site address (include phase/lot number): M14 ? ),)dr,s /.off /d
Directions to site please include road numbers, landmarks, etc. (This is not
necessgXy..if °adequate vicinity map is included): cl?rl c a 1 k? X5 s04
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2. Describe the existina land use or condition of the site at the time of this
3. Property size (acres): ?® 9/ G?c f e
4. Nearest body of water (stream/river/sound/ocean/lake): (JU kr
5. Describe the purpose of the proposed work:
6. List the type of equipment to be used to construct the project:
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres:
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):
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AApplicant/Ageut!g Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Form 398578 (R9-85) SHORELINE MANAGEMENT PROGRAM Previously Form 06940
PERMIT APPLICATION FORM
NC 1 SC 2 I.D. No. Permit No. - ?t
Co. No. Grid Sect.
Lake t,AJv f%L Utility Co. Owners, 2 Lease
APPLICANTS it€
Name: r ip- 6A) , 2 ?e e5 Middle Last
FWM Address: !WZ Y 5_Aor,,,-,r,ad Yola e,
street or Box
Telephone:
Signature:
Circle the appropriate numW below
state Zp
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Number Ext.
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Ramp &
Marine Shoreline
Pier Railway Boathouse Stabilization Other
USE:
1. Individual
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2. Common 2 2 2 2
STATUS:
1. Existing
2. Proposed <.D 2 t?
MATERIALS:
1. Concrete 4. Treated wood 1 1 1 1 4
2. Masonry 5. Untreated wood 2 5 3 2 2 5
3. Metal 6. Other 3 6 6 3 6 3 oc
FLOTATION:
1
Pl
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2. Styrofoam 2 2
3. Other 3 3
TYPE OF FACILITY:
1. Permanent 1 1 1
2. Floating
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3. Combination (
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Fig.1 Fig. 2 Fig. 3 Fig. 4 Fig. 5 Fig. 6 (other)
Pier Dimensions: See Figure Above Pier surface are a - 0 4, sq. ft.
Float surface area G sq. ft.
Condition of Pier: ? Good ? Fair ? Poor
Permitted: ? Yes ? No Date: By:
Additional information:
COMMON USE PERMIT
If this application is for the common use of a facility, those parties using the facility appoint the individual listed in the
applicant section of this form as the agent applying for the permit. All parties using the facility must sign below.
Name Date Address
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BIO-ENGINEERING AND SHORELINE STABUZATION N11TIGATION
TECHNIQUES
FOR LAKES MANAGED BY DUKE POWER, LAKE MANAGEMENT
L Bio-engineering
A. Definition
Bio-engineering is an effective scientific method, using a combination of natural and living
materials, to stabilize eroded banks along the shoreline. Bio-engineering techniques vary
according to a number of factors, including but not limited to; slope, soil type and wave action.
Often a combination of techniques may be utilized to most effectively control erosion in areas
with varying conditions.
B. Benefits
In addition to controlling erosion, and the aesthetic value of a more natural shoreline, the use of
native plants create additional habitat for wildlife. A permit and written authorization for any
shoreline stabilization project is required from Duke Power, Lake Management. By utilizing bio-
engineering as the primary stabilization technique, the permit application fee for shoreline
stabilization is waived.
C. Native Plant Species
COMMON NTAIAE SPECIES
SOFT RUSH JUNCUS EFFUSUS
ARROW ALUM PETANDRA VIRGINICA
SHALLOW SEDGE CAREX LURIDA
SILKY DOGWOOD CORNUS AMOMUM
TUSSOCK SEDGE CAREX STRICTA
BUTTONBUSH CEPHALANTRUS OCCIDENTALIS
GRAY DOGWOOD CORNUS RACEMOSA
YELLOW IRIS IRIS PSEUDACORUS
VIRGINIA BLUE FLAG IRIS VIRGINICA
SOFT RUSH JUNCUS EFFUSUS
PICKERELWEED PONTEDERIA CORDATA
BLACK WILLOW SALIX NIGRA
SOFT STEM BULRUSH SCIRPUS VALIDUS
GREEN BULRUSH SCIRPUS ATROVIRENS
EELGRASS VALLISNERIA AMERICANA
WOOLGRASS SCIRPUS CYPERINUS
Note: Other plant species that are not listed may also be acceptable. t'lant species that are not
native to Duke Power lakes should not be considered and will not likely be approved.
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D. Techniques
Bio-engineering techniques normally include minor grading to allow for (lie installation or a rip
rap toe, rock gabion, Bio-log®, crib wall or similar structure in high energy areas. The structures
are then enhanced by the addition of natural/living material. For example:
1. live stakes - branches out from living material and planted with stems and buds 'pointed
upward. Initially they offer little to no soil reinforcement but do so after the first growing season
once a root system becomes established. Often used with other techniques and conducted during
the dormant season.
2. Live fascine - branches bundled and secured together and placed 'in a very shallow trench
along the toe of the eroded bank or in the bank face. They are usually installed in conjunction
with geotextile fabrics above a rip rap or gabion toe.
3. brush mattress - includes both live stakes and live fascines. Provides protection of the
shoreline upon installation and can be. used in layers beginning just above a rip rap or gabion toe.
4. plant plugs - plantings witli intact root stock. Placed directly into the bank face with the
soil compacted around the root stock.
C. Follow up activities
Riparian Zone Management Information: Duke Power will design and publish an informational
piece that will provide property owners witli a range of information about bio-engineering
techniques, material sources, information sources and the value of riparian zones. This will be [he
final project in the Riparian Zone Management Initiative and will serve as a compilation of the
on-going efforts through the year 2000.
it. Mitigation
A. General guidance
Mitigation proposals should provide realistic but substantial allowances for reducing and
relieving the impact of the proposed shoreline stabilization technique proposed. In general,
mitigation activities should enhance the wildlife habitat in the immediate area of the stabilization
activity and may consist of, but are not limited to; enhancing fish cover under an approved pier or
similar structure, maintaining a natural vegetative buffer along the entire shoreline of the lot,
placing or maintaining secured cover and perching habitat (e.g. root wads, stumps, fallen trees,
etc.) along portions of the shoreline.
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Attaottnicnt 1
Shoreline Stabilization Technique Selection Process
nvironmenu( Stabilization not
allowed
Shoreline Stabilization Project area Mz
Application classification
No abi(ization allowed in
IMZ (Com March - June to
limit mpacts to fish spawning.
Natural (her Req ices state VAdfife agency
(e.g. NCWRC, SCONR)
re ' and approval.
as classification is the bank height Is the bank
based on shallow > =1 foot? height > = 5ft? No
water c t iteda?
Applicant can use
hardening structures.
Applicant can only Applicant must use
use bioengineering or bioengineering stabilization.
rip rap. Seawalls not Mitigation requirements
allowed. determined by state wildlife
Applicant can use agency. Seawalls not allowed.
hardening structures.
Mitigation requirements
determined by state
wildlife agency.
General conditions:
-All seawalls must have tip-rap at base.
-Considering current lake level operating targets and variability and the desire to prevent unnecessary impacts, rip
rap must be confined to the area between 6` below full pond elevation and full pond elevation to the maximum
practicable extent. Potential exceptions include areas where entire placement is above the.FERC project
boundary, where banks are already eroded above the full pond elevation or where severely eroded banks must be
sloped back or terraced to provide minimum bank stability.
-The bank height is the average height of the eroded shoreline( measured from the original lake bed to the top of the
eroded bank) in (lie area to be stabilized.
-Bioengineering techniques within an IMZ require applicant to provide photo evidence of successful vegetation
establishment at 1 year point- Bioengineering is a stabilization approach that utilizes natural and living material.
Bioengineering techniques include use of rip rap with live stakes, rock filled gabions, live staked crib walls, biologs,
and numerous other ac(ivities_
-Applicant can use bioengineering, rip rap, seawalls or any combination of stabilization techniques where use of
hardening structures are allowed-
-Stabilization in an IMZ requires reasonable mitigation requirements as determined through consultation with state
wildlife agencies.
Stabilization in areas classified as Natural due to the presence of significant cultural resources, should not have
artifacts impacted by utilizing any shoreline stabilization technique.
April 1999
(A'tTAC11.Ntt:XT $I
B. Review Timcframc
Applicants for proposed shoreline stabilization activities identified in (lie Shoreline Stabization
Technique
Selection Criteria (Attachment () that require wildlife agency review and/or mitigation must send
their applications to the district game and fisheries biologist of the applicable NC/SC agency for a
minimum 30-day review and comment period. In the absence of any findings of significant
adverse impacts on fish and wildlife resources during this 30-day review period, the applicant
will be allowed to proceed without further notice to send their completed application to Duke
Power-Lake Management for approval. If there are findings of significant impact and those
impacts are not adequately mitigated, then the applicant will not be allowed to proceed with tiie
proposed stabilization activity. Applicants should make every effort to comply directly with
resource agency recommendations.
C. Agency Review
Lake (NQ JAMES, RHODHISS, (SC) WYLIE (SC) (SC) FISHING CRK., GREAT
LOOKOUT SHOAL, NORMAN, PALLS/ROCKY CRK.,
MrN. ISLAND, WYLIE (NC) WATEREE, KEOWCE,
JOCASSEE, GASTON SHOALS,
99-ISLANDS
Agency MR. CHRIS GOUDREAU MR. DICK CHRISTIE MR. RON ABLE
NC WILDLIFE RESOURCES SC DEPARTMENT OP SC DEPARTMENT Or
Contact COMMISSION NATURAL RESOURCES NATURAL RESOURCES
RT. 6, BOX 685 PO BOX 4496 PO BOX 167
MARION, NC 28752-9229 ROCK HILL, SC 29732 COLUMBIA, SC 29202
*Applicants should fill out the Duke Power Shoreline Stabilization Application form completely,
attach any applicable mitigation proposals and send along with a cover letter to the agency
contact.
**Agency correspondence must also be attached before sending the final application proposal to
Duke PoNver for approval.
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
September 25, 2000
Jimmy-Chisholm'
Carolina Power and Light Company
179 Tillery Dam Road
Mt. Gilead, NC, 27306
And
Joe Hall
Duke Power and Lake Management
P.O. Box 1006
Charlotte, NC, 28201-1006
Re: General 401 Water Quality Certification for Lake and Reservoir Activities
Dear Messrs. Chisholm and Hall:
The purpose of this correspondence is to clarify the provisions and process relative to NC
Division of Water Quality's General 401 Water Quality Certification Number 3280 which correspond to
the U.S. Army Corps of Engineers General Permit 198200030. We understand that you receive
numerous requests from lakefront property owners inquiring about the permit requirements for activities
they propose to conduct on the waterfront. After you have determined the property owner needs to
obtain a permit for dredging or shoreline stabilization from you, we understand they are then instructed
to obtain the necessary 404/401 Permits. These property owners should pursue the following sequence
of events to determine their 404/401 permit needs. We have coordinated this letter with the U.S. Army
Corps of Engineers so that it relates equally to both permitting programs.
1. The U.S. Army Corps of Engineers is the lead agency and accordingly determines 404 requirements
for all projects. Applicants should first contact the appropriate Corps field office representative for
their county. To identify which counties are handled by a particular Corps regulatory field office or
to find the appropriate individual in the regulatory staff, the public can access the Wilmington
District Regulatory Homepage at www.saw-usace.army.mil/wetlands/regtour.htm or read from the
list on Appendix A. The Corps staff will determine if a 404,Permit is required, and if so, which
particular one. It is important that the applicant learn specifically which Nationwide or Regional
General Permit applies to their work. For lake and reservoir activities, General Permit 198200030
(also called General Permit 30 or GP 30), is often the appropriate permit. The matching General
Certification for GP 30 is the subject of this correspondence.
2. Application for GP 30 involves submittal of detailed plans, location maps, and other supplemental
information explaining the nature and scope of the work to the Corps. If the work is determined to
comply with all conditions of GP 30, the Corps will then issue a "tear sheet" to the applicant, either
on-site or by mail, that qualifies as the Corps' written confirmation that the proposed work complies
with this regional general permit. It is important for applicants to note that GP 30 always requires
written concurrence from the Corps.
Non-Discharge branch 2321 Crabtree Blvd Parkview Raleigh. North Carolina 27604,
Telephone 919-733-1766 Bldg FAX V 733-9959
An CQuat OpporUwWy A1Gfmative Ad#on Enyaoyer 50% (CCyC6LWV10% post consun" paper
3. If the Corps tells an applicant that no 404 is required for their project, then no 401 Certification is
required. However, applicants should note that projects located within the Neuse River, Tar-Pamlico
River, or Randleman Reservoir Basins may require approval of Buffer Rules for projects within
these watersheds. In such cases, the applicant should call the appropriate DWQ Regional Office
staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit
to review the site conditions and discuss the buffer approval or variance process.
4. If the Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the case of
GP 30, DWQ has a matching General Certification (GC 3280), which is attached. `ftie first thing the
applicant should do is carefully read GC 3280 to determine whether written concurrence is required.
Written DWQ concurrence is required if the activity involves any fill, dredging or excavation of
waters or wetlands. This includes any waterward extension of the shoreline, excavation of boat
basins (even during lake draw-down periods), bank stabilization practices that involve any new fill in
waters (including any amount of new rip-rap placement), boat ramps involving placement of fill in
waters, and new dredging. Activities which do not require written concurrence for GC 3280 include
seawall repairs that do not require any new fill in waters, and the placement of pilings for docks,
piers and boathouses. It is vital that the applicant understands the difference between "No 401
Required" versus "No Written Concurrence for the 401 Required." No 401 is required only if no
404 is required. If a 404 is required, a 401 is always required. If the scope of work falls ?belowsthd U-
thresholds for *written concurrence on the 401„ the conditions 6f GC 3280 still apply, and the
applicant does not have to submit a formal request for approval from DWQ for their specific project.
However, the applicant is still required to follow all of the conditions of GC 3280, which you can
copy for them or they can download from our web site. A speed limit sign is a useful analogy to.
explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to
obtain a letter from a police officer saying lie has permission to drive down the road.
5. If a project does require written concurrence for GC 3280, then the applicant must provide a written
application to the Division of Water Quality. We have prepared a special link entitled "A Lake
Dweller's Guide to the 401 Water Quality Certification Process" on the 401/Wetlands Unit web site
at http://li2o.enr.state.nc.us/newetiands . This site contains information to guide the applicant -
through .this process, including links to the Pre-Construction Notification (PCN) application form.
Copies of the appropriate web pages are attached herein for you to provide to applicants without
internet access. If the applicant has already filled out a PCN form for the Corps, they can simply
copy this PCN form for DWQ. In brief, the applicant is required to provide seven copies of the PCN
form, an application fee made out to the Division of Water Quality ($200 if total impacts fall below
1 acre of waters/wetlands and 150 linear feet of streams, $475 if above these thresholds), and good
quality vicinity and local maps depicting the impact. The reason we require seven copies is that we
act as a state clearinghouse, and provide copies to five other agencies, which saves the applicant
from this requirement. Provided that the applicant has included all of the required information,
applications such as these are quickly issued by DWQ. The GC 3280 applications that are placed on
hold are usually deficient in maps. Applicants can save themselves time by preparing good maps
with scales and north arrows. The vicinity map must clearly depict their property within the county
or city. The site map must clearly show their property boundaries, and the location, nature and
extent of the impacts. USGS topo maps are typically the most useful type of site map for individual
properly owners to use as a base for their site map. Impacts must be quantified on the snap and in the
form as an area (i.e. 0.5 acres, not just shoreline length). If an applicant needs help filling out the
application form, they should contact the appropriate DWQ Regional Office Staff, or Cyndi Karoly
at (919) 733-9721 in the DWQ Central Office.
Thank you for your attention. If you have any questions, please telephone John Dorney at 919-733-
9646 or Cyndi Karoly at (919) 733-9721. .
Sincerely,
John Dorney
The Basics of the 401 water Quarury ?.eru??cauc?n rtuoubs
401 Water Quality Certification Program - The Basics
Section 401 of the Clean Water Act delegates authority to the states to issue a 401 Water Quality
Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The "401" is
essentially a verbcation by the state that a given project will not degrade Waters of the State or
otherwise violate water qualify standards. T e' .following is a basic outline of 'the 401 review process in
North Carolina:
When do you need to request a 401 Water Quality Certification?
If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your
proposed project involves impacts to wetlands or waters, then a 401 Water Quality Certification is also
required. The Corps also determines which type of permit is applicable to your work, a Nationwide,
Regional, Generator Individual Permit. For each of the Nationwide, Regional or General Permit, a
matching General Certification must be issued by DWQ in order for the Permit to be valid. An Individual
401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps has
determined which type of permit you should request, you can read the matching General Certifications
on the DWQ web page. Please read the applicable Certifications very carefully, and note whether or not
written concurrence/notification is required by DWQ. If written concurrence/notification is not required,
and your project meets all of the conditions of the General Certification, you do not need to submit a
formal application or receive a signed 401 Water Quality Certification for your particular project. If the
General Certification states that written concurrence is necessary, please note the following steps
necessary to obtain your 401 Certification.
Fill out a Pre-Construction Notification
In North Carolina, you use a single form to request both a 404 Permit and 401 Certification. This
PCN Form can be downloaded directly. Please note, this form will be revised later in 1999 when the
final versions of the new Nationwide Permits are issued. Just follow the instructions on the form. You
should also include a cover letter explaining your project, and enclose a vicinity map and a site map (to
scale) depicting all the proposed impact areas. You are also encouraged to provide any supporting
documentation available, such as correspondence received from the Corps of Engineers or
photographs. Remember, the more clearly you describe your project, the more quickly we can review
your application. You will need to submit this application to the Corps and provide seven copies of the
entire application to DWQ. If you do not provide seven copies, your application will be returned as
incomplete. DWQ will distribute the copies to five other state agencies, as well as the appropriate DWQ
regional office, which saves you time and expense.
b1ATER QUALITY PLPflt41t4C, Fax:919-715-5637 May 15 '01 10:05 P. 02i04
IV
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS 13LIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 195200030 CTVA. OR FERC
REGULATED PUBLIC LITILI US) AND REGIONAL PERMIT 198200079 (,COE
LAKE AND RESERVOIR MAINTENANCE REPAIR AND CONSTRUCTION
ACTIVITIES) AND NEUSEITAR-PAMLICO/RANDLEMAN BUFFER RULES.
This General Certification is issued in conformity with the requirements of
,Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0200 for the discharce of fill material to waters and wetland areas
as desctibed'in the Wilmington Districts Regional (General) Permit Number 198200030
and Regional Pemut Number 198200079 and for the Neuse, Tar;-Pamlico and Randleman .,
Buffer Rules (15A NCAC 28.0233-02S9 and.0250). This Certification replaces Water
Quality Certification (WQC) Number 2674 issued on January 21, 1992 and Water
Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers re-authorizes these Regional General Permits or when
deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will
-not violate applicable poitiohs of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certificcation:
1. Activities which require approval under either of these General Permits but
do not result in fill, dredging or excavation of waters or wetlands (such as
docks, piers or boathouses) do not require writtea concurrence from the
Division of Water Quality as long as they comply with all other conditions of
this General Certification. However, Condition No. 5 is applicable to all
streams in basins kith riparian area protection rules:
2. In accordance with North Carolina General Statute Section 143-215.31)(e),
any request for written concurrence for a 401 Water Quality Certification
must include thq appropriate fee. If a project also requires a LAMA Permit,
one payment to both agencies shall be submitted and will be the higher of the
two fees. The fee shall be collected and distributed between the two agencies
in accordance with agreements reached between the Division of Water
Quality and the:Division of Coastal Management;
3. Activities Nchich result in fill, dredging or excavation of waters or wetlands
under this Gencriil Certification iCyuitc ,vi'ittcn concurrcncc itom rile Di-i?iort
of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from con-iing kif,.",
contact with waters of the state until the concrete has hardened;
IMTER OOPLITY FLFt4t4JNG Fax:919-715-5,W 4ay.15 .'ul_ lu-uo r. W/ V14
i. Impacts to any stream length in the Neuse. and Tar-Pamlico River Basins
requires written concurrence from DWQ in accordance with 15A NCAC
2B.0233 and 15A NCAC 2B .0259. New-development activities located in
the protected 50-foot wide riparian areas (whether jurisdictional wetlands or
not) within the 1`reuse and?ar-Pamlico River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .0233
and 15A NCAC 213 .0259. All new development shall be located, designed,
constructed, and. maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best
management practices;
0. That appropriate sediment and erosion control practices which equal or exceed
those outlined W' the most recent version of the "North Carolina Sediment and
Erosion Controllplanning and Design Manual" or the "North Carolina Surface
;Vfining Manual" whichever is more appropriate (available from the Division
of Land Resources (DLR) in the DENR Regional or Central Offices) shall be
in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water
quality standard;
7. Rip-rap shall be installed adjacent to bulkheads in freshwater lakes to ensure
protection of agLtic habitat. Construction over wetlands shall be elevated at
least three feet above any wetlands, and floating structures shall not rest
periodically on the bottom:
8. All sediment an erosion control measures placed in wetlands or waters shall
be removed and e natural grade restored after the Division of Land
Resources has ralksased the project;
9. If an environmental document is required, this Certification is not valid until a
Findinc of No Signficant Impact (FONST) or Record of Decision (ROD) is
issued by the State Clearinghouse. All water quality-related conditions of the
FONSI or ROD 'shall become conditions of this Certification;
10. Piers and boat houses shall be constructed to provide for storage and removal
of sewage rather than allowing ra,,k• waste or other sewage to be disposed
directly into surface waters;
11. Additional site-specific conditions may be added to projects proposed with
fill under this Certification in order to ensure compliance with all applicable
Wilicr yuulLiy unU cfrlucra scaudards:
PLAtttING Fax :914-715-5637 - May 15 "O1 "' 1O'.06 . . P: Obi
WATER QUALITY
12. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Regional Permit
198200030 or 198200079, whichever is sooner;
13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance N,vith or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification fox the project and may result in
cd)-ninal and/or civil penalties.
The Director of the North Carolina Division of Water Quality way require
submission of a formal application for individual certification for any project in this
category of activity, if it is determined that the project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications
prior to a Certification decision if deemed in the public's best interest by the Director of
the North Carolina Division of Water Quality.
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3280
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabanas Graham Madison Stanley
Telephone: (828) 27114854 Caldwell Haywood McDowell Swain
Fax: (828) 27114858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Allegbany Edgecombe Lee Stokes Yadkin
6508 Falls ofthe Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax- (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perqui*+mans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-45 11 Columbus Moore Sampson
Fax: (910) 251.4025 Cumberland New Hanover Scotland
US Fish and Wild4de Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zilliooa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856.4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699/4617
Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763
Fax. (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimars
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Wester Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wickes
Kwiersville, NC 272849180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax:-(828)506-1754 Haywood McDowell Yancey
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NOR
L
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO
ABOVE ADDRESS.
1. Applicant Information
A.
B. Mailing Address 100'1 A S61 t N l f'L ` e L,
C. Telephone: 70 II. Location of Proposed Project
A. Lake kl--e y,
B. Street Address A2=Wsh:4'
III.
IV.
V.
C. County &C'SlOn q
D. City, town, community or landmark tole-?,4
E. Section Lot # Its Subdivision
F. Directions to property by road -T P, k c $ S So vii -ham c--x.4
--rorn (-'k4,4 An .173 rLmmfr Arrv,,+rA,(A /2d6J.)
G. Latitude and longitude for the project site - $1. U39? (a 3 s-'- I S sR
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/Long", click map)
Description of Project
A. Length of wall /,a
B. Material Cl, s S /S )P- , ,z?
C. Distance from property line/shoreline
Intended Use of Project Area
B.
r
Applicant Signature
Date /l 2Cn Z
IC d ?^
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONA VE. - ROOM 208,
ASHEVILLE, NC 28801-5006
• A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION. JOHNDORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
A) U a g0/)-
M I N02sr
DUK>;-.POWER LAKE, MANAGEMENT, EC12-Q
P O BOX 1406
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE TIIF SIIORFLiNE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not.applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO
ABOVE ADDRESS.
i, Applicant Information
A. Name 1 ?r/,_AU Dr (_)reso
.J '
B. Mailing Address-, looq &Wt P(&C_t P_)e.
C. Telephone: 70 z? ? ---
Il. Location of Proposed Project`
A. Lake UQ I.,Q
13. Street Address.
J??o?._?iOG.oca??_S_.f?_ ----
C. County - G-:,00, t
1). City, town, community or, landmark
E. Section tot # /o Subdivision
F. Directions to property by road "f P k
Sc,u14, F ,? l _
F) IS
cL! Yi _U4 `R ?o??!_;'.?Qit1 f_'r?'? 1.--
r
G. Latitude and longitude for the project site '?ra a t;-gX ,
11. Please submit a map showing the coordinates or a detailed Wrap (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonus.eom.. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will.." , select "Lat/Long click neap)
fo'4
III, Description of Project
A. Length cif wall. /? - _-- --
B. Material. ..-CA /__
C. Distance from property line/shoreline
IV. Intended Ilse of Project Area
A. Private
B. Commercial
12G D 2..
V. Applicant Signature Date
PLEASE NOTE TIIE FOLLOWING:
• A COPY OF TI IF COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMiT°TED TO: US ARMY CORPS OF ENGINE, ERS, 151 PATTONAVE. -ROOM 208,
ASHEVILLE, NC 28801-5006
• A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATIONAPPLICATION" MUST BE SUBMITTED WIT14 THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:,
NC DIVISION OF WATER QUALITY
ATTEN770N, JOAN DORNEY
A) u agoo,
ivlah:; t.1it t_is: ;_)11c1ty Jvlav
Page 1 of 1
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littp://wwNly.tiiapsontis.cotii/hitt/tuaps-at3sip(inly/usr=? 3de3bc68,275eb.547.6/c-8/isredir=l/ 11/26/2002
I,i
DUICE,POWER DIRE' MONS I3Y ROAD FORM
Lake Use Pernrlt Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on pennR processing time. Please complete this form and return it along with your completed
petinit application to:
DU[CC X')OWCR
C/O LATCE MAN4GEMENT - EC 12 Q
PO BOX 1006
C1up"TTE, NC 28241-1006
1-800-443-5193
Applicant's Name. f c??E ?1 LJCtse Type of Permit Requested
"Circle":
Street Address (at lake):, WAY <L in no? . i?(?, C_C
Private facility
Lake Name: _ L214 L. P Commercial Facility
'Excavation
Subdivision Name; G,.4-r' 'rS tabili trop
C??nveyance
Property Section: Lot t! Miscellaneous uses
City: County:
Telephone: _L7 y ?o?? _ ?a l3
Directions (from major-road.or highway):
?7 -3
1)
Descril)tive Structure on Property (i.e. brick garal;c, white fence, mobil hottic, etc):
Srj r r?' 1?, (srJ.-1?1-. ??'?.'
? I'„ ?°*4•;?-1--v?-.?-.;.Tr--?....°..-w+.,t,p,.,b?d.r?... ?..r..,?wa,.?. :. _,,,,,.,?...-;, ..,?.. _. ?I ,•: ? E ??j. ? i _I,. .
I yt ? I? , i
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The following ,l0 au abbreviated application form for those applying for a 401 Water
Quality Certiikatio`a` b impact VC11C.'(tederal Energy Itegulatbry,Commission)
regulated iake''sh4d i bottom under the'U.S. Army Corps of Edghieer , Permit
GP30. This Application cannot be used for wetland or stream ` impacts. Please
provide sevens, (7) cooles of this application and supporting information as well as a
non-refundaW.< appw6tlon feeto the Division of Water Qualit f 'of $200.00 for
impacts of to make biro of less than i acre and $475.00 for Impacts to lake bottom
of greater or equal t itcre.
Applications should be sent to: .
Division of V?r ter Quality Wetlands Umt
1650 Mail Service Center { ?U
Raleigh, NC 27699-1650 `
WERAr4pS GROUrp
WATER Ot1ALITY SECTIoti
1. Applicant Information
1. Owner/Applicant Information.
Name: ?to e. ` E
Mailing t dress: tao4 <G te'? ?1?c r {?^In,on Nt_ J'9 r) I I
-------------------
Telephone Number:.'7oq Fax Number: -70 y - 8a S °dg 13
E-mail Address: ¢51 dewecs(? 61 nel
2. Agent 'Information (A signed and' dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Nttme:
Cotlpany Aliatton:
Mailing Ad ltess:
Telephone Number: Fax Number:
E-mail Address:
U. Project Information
Attach a vicinity. map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan ; Showing property . boundaries and development plans iii relation to
surrounding properties. You may use.the diagram below to make a hand sketch of
r
? ?? I ?pI 1. I { 17 li
,
1 ? ?I l?'tf? i"{,b??r? J ti j:? 7 ?i1 ,?., F •i? <i? ? r. ?;.
-it•: ... .. • 1 r I. p'?j. ??iJI.Y I. . /, .. ."..j? :?• ., t .,r .a y?i= •tw.,.,.i. .. ,., ..
your project. Also, see the example below for guidance. Both the'vieinity map and
site plan, must include a scale and north arrow. 'The footprint : df all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: GS"? Nearest Town lMo,s4
Subdivision Name or site address (include phase/lot number):``, ,3 e-s /d
Directions to site please include mad numbers, landmarks, etc. ( ix is not
necessary if an adequate vicinity map is included): (rrn,.? C),,crac o ! a kc XS` Sow ?
2. Describe the existing land use or condition of the site at the time of this
application:
7
3. Property size (acres): 0. 91 42 e- f r
4. Nearest body of water (stream/river/sound/ocean/lake):
5. Describe the purpose of the proposed work:
6. List the type of equipment to be used to constnict the project:
Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or,acres:
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):
Applicant/Ag ' Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Please approximately sketch the fang information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed-belowthe-Full pond elevation
4) The location of any proposed structures such as buildings, retaining
walls# docks, etc.
5) The location of any excavation or dredging below the Full Fond
elevation.
6) Location of construction access corridors.
Please approximately-sketch the fo'Itowing information on this plan
(please provide dimensions for each Rem, such as 10 ft. x 4010 ft):
1) All proposed vegetation clearing (provide dimensions).
2) Location of rip rap or fill to be placed above the FON Pond elevation
3) Location of rip rap or fill to be placed below the Fug Pond elevation
4) The location of any proposed structures such as Willdings, retaining
walls, docks, etc.
3) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
f 1 ? .e, l 1 ?`I
110-
'? u w V Y r a? 43 1 F ?? `.
P i
to 1 ?
1`11, F - ?" ! I y ? •" F •/". ?\" U;iL?,? l:1 (+'? [?l
11
Z S 1?.,a; i i
IQ? 1 1 1 l
--- - ---------- -- -
S Z? 'r• ? 7 G N o 1`I u ltrl ,? ? li 1, r` O p Q ? ....
cj G ra ti7 ' ?!, '?1
- *S
UUIM POWER DIRECTIONS 13Y ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the prop
impact on permit processing time. Please complete this form and return it
permit application to:
DUKE POWER
C/O TAKE MANAGEMENT - EC i
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
J I J-4?S
'11)z (f
Applicant's Name: I r of l(!:)
Street Address (at lake): Y /d L/ CInOrF ADD Id l e ce
Lake Name:
Subdivision Name: M&4
Property Section: Lot #
City: & /,,-,o, County: 6r-S46A
State: Alc- Zip: 1::; 1), F0IID,
Telephone: 70 Y - Ec;Z5 - =;?-a /3
ectit,ca hive a big
ith your comp
°teted
In QO?i a?1 SCTIOkte
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
Excavation
tabilization
Conveyance
Miscellaneous Uses
Directions (from major road, or highway):
?c kr ?? ?av? E k a-7 -f-o x`73 Sdv-? (S?-{1 ???
l fz- d- ,
Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc):
cc?r,?• d?? Il
'No(e: Please use the back of this forest if desired to dran• us a map to We sic-
GPALAAKEMGMT/Lt.SPPM/D(PX)MONS.000 Effcctive Date: I MSnE
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?V r sviv
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http:lh?vt??v.t?tax?s+?nus.cottt/t?in/maps-?i':aporily/tlsr----3de3hcG$.27Seb.S47.6/c=$/isredir=l/ ..1 U26/2U02
I. U 1Vp 9214 SFK3REWOOD PLACE, BELMM, 10,28012 :.
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I'M 0 ,r^+
DWQ# ea- lagT Y
$$) Plan Detail Incomplete, pia
? Please provide aa4ecatiom%p-for th project.
$$)
Date (a? Isla 2
? Please show all stream impacts including all fill slopes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
,2r' Please indicate the location of the protected buffers as overlays on the site plan. ehl_
d
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. /f*t a& Wf`
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperiousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why
it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please
revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please
revise the plans to minimize the impacts.
l] The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse
flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater
can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was request. Please provide $
This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application..
? Please provide a signed copy of the application.
? Please provide copies of the application,
$) Mitigation
copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
1 a . y �,
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