20000126 Ver 1_COMPLETE FILE_20000218

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
1 • 02
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 10, 1999
Rowan County
DWQ Project # 000126
APPROVAL of 401 Water Quality Certification
Robert & Lucinda Wilhelm
123 Cross Street
Rockwell, NC 28138
Dear Mr. Wilhelm:
You have our approval, in accordance with the attached conditions, to place dredge in 0.33 acres of waters for the
purpose of dredging an area in front of 375 Peddle Point Road, Salisbury, NC on High Rock Lake, as you described in
your application dated February 17, 2000. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3099. This Certification allows you to use Regional Permit Number
198200030 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
pSierel y,
Steven
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Lucinda Fraley; Shuford, Caddell & Fraley
Central Files
File Copy
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
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
Iva Cross S
APPROVAL of 401 Water Quality Certification
1 kl,?WA ?
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
?? . 2000
County
00012
DWQ Project

k6c?wto_ 9- 0'c
l` ov"
Dear Mr. @^?
You have our approval, in accordance with the attach d conditions, to in 0'?3 acres of W a"-"-
wetlands a ` t `°' W. s for the purpose of as u described in your application
dated' 2000. After reviewi your application, we have decided that this fill ' covered by General Water
Quality Certification Number ./ I I . This Certification allows you to use . e Permit Number -LI&M0130
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge
and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh.
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Attachment
Kerr T. Stevens
cc: Wilmington District Cor s PPf En ineers
Corps of En ineers w' Field Office
M_e DWQ Regional Office
File copy
Central F L I % c ?l 6 ? ltr
U `ll/
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
j
SHUFORD, CADDELL & FRALEY PAYMENT
ATTORNEYS AND COUNSELORS AT LAW [?
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D
R E
205 WAGHOVIA BANE BUILDING l
y
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130 SOUTH MAIN STREET
SALISBURY, NORTH CAROLINA
28144
THOMAS M. CADDELL TELEPHONE [phone] W. TALMAOE SHUFOHD
LUCINDA L. FRALEY (1905-1090)
MAILING ADDRESS
P. O. Box 198
SALISBURY, N. C. 28145-0196 1, 0 U , 1 26

Mr. John Dorney
NC Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
February 17, 2000
`. 8 2000
71?ANDS GRG)J
iTY SECTInw
;
RE: Pre-Construction Notification Application
Dear Mr. Dorney:
I
r
In connection with our Application for Activity Permit for Reservoir and
Shoreline Alteration on High Rock Reservoir (the "Application"), we are enclosing the
following:
1. The original completed Pre-Construction Notification and six (6)
additional copies for a total of seven (7) copies;
2. A copy of the Application to be submitted to Yadkin, Inc. including
attachments;
3. Two (2) copies of partial maps delineating the location of the subdivision
Pebble Point; and
4. A check in the amount of $200.00 in payment of your fee.
Please review these documents as soon as possible. As you know, excavation is
not permitted after February; therefore, we would like to obtain a permit as quickly as
possible so that we can get the excavation done before the end of the month. We have
been told the excavation will take approximately two (2) days so that leaves us little time.
Your expeditious handling of this matter will be greatly appreciated.
Yadkin, Inc. has estimated the depth of the water in front of our lot to be seven (7)
feet and eight (8) feet is required. The excavation will be minimal.
w4 ft}
SHUFORD, CADDELL & FI3ALEY
Mr. John Dorney
February 17, 2000
Page 2
In addition, there is no vegetation in the area to be excavated; therefore, there will
be no apparent impact on the water quality.
If you should need additional information, please call me at the above telephone
number and I will get it to you as quickly as possible. Thank you for your assistance.
Sincerely,
j
Lucinda L. Fraley
Enclosures
;u;
o? 8 M f
DWQ ID: _ CORPS ACTION ID: _
WETLAND6 GROUP F
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) WATER UA_ LITYSEMON _I
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION IJTA
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD t 7
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) a
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.
OWNER'S NAME: Robert Brian Wilhelm and Lucinda Fraley Wilhelm
MAILING ADDRESS: 123 Cross Street, Rockwell, North Carolina 28138 PAYM E i VT
SUBDIVISION NAME Pebble Point p ( \ E CE. f VE D
CITY: Salisbury STATE: NC ZIP CODE: 28144
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
375 Pebble Point Road, Salisbury, North Carolina 28146
TELEPHONE NUMBER: (HOME) [phone] (WORK) [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
N/A
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Rowan County - NEAREST TOWN: Salisbury
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Take I-85 to Long Ferry
Road. Go east on Long Ferry Road. Turn right onto Goodman Lake Road. From Goodman Lake Road
turn left onto Pebble Point Road.
IMPACTED OR NEAREST STREAM/RIVER: High Rock Lake RIVER BASIN: High Rock
(a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES E] NO M IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES E] NO M
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A
(a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES [-] NO M IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): N/A
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ® NO ? IF YES, DESCRIBE ANTICIPATED WORK: We will apply to lay riprap along the
shoreline.
(a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1.05 acres
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
None
10. (a) NUMBER OF ACRES OF W*W**NW IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: _
FLOODING:
DRAINAGE :
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: _ FT AFTER: _ FT
WIDTH BEFORE (based on normal high water contours): _ FT
AVERAGE DEPTH BEFORE: 7 FT AFTER: 8-9 FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION: X CONSTRUCTION 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? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
The excavation to be performed will include removal of material within the highlighted area of the attached
survey plat. The excavation will cover approximately 14,000 square feet of the reservoir bottom. All
slopes will have a ratio of approximately 3 to 1. The estimated amount of material to be removed is 400
cubic yards. All excavation will be performed in a manner that allows natural drainage of water into the
reservoir without ponding of water. There should be no adverse impact to the water quality or to fish
habitats since there are no visible sections or structures for holding fish. There is no vegetation in the area
to be excavated. A bobcat or bulldozer will be used to remove the material.
13. PURPOSE OF PROPOSED WORK: The purpose of the proposed work is to increase the depth of the
water to meet the depth requirements of Yadkin, Inc. to construct a pier.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
The area impacted does not consist of wetlands.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: N/A
EXCAVATION: 1/3 of an acre
OTHER: _
TOTAL ACRES TO BE IMPACTED: 1/3 of an acre
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 N/A.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? YES ? NO ® (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM 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:
(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 PROPERTY? Residential
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS 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, /
L cinda Fraley Wilhelm 02/17/2000 Robert Brian Wilhelm 02/17/2000
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
000" ;.:
0.1 inQ1 i
VADI a WC Ivy
APPLICATION FOR AO"TIVTTV PERMIT FOR
RESERVOIR AND SIIORI~L NE ALTERATION ON HIGH ROCK RESERVOIR yat]Kin ins
SECTION ONE-BACKGROUND INFORMATION (to be completed by the Applicant)
I. Full Name (AdjoiningPrqpenyOwner orProposed Transferee): ltoi ert Brian l4helm-and Tu--Lad Fr ley n; lhelm
2. Permanent Mailing Address: 123 Cross Street, Rockwell, North Carolina 28138
3. Local Address (If different):
4. Telephone (Business): [phone] (Permanent): [phone]
(I ):
5. Fax No. and E-Mail (Optional): [phone] [e-mail]
6. Reservoir High Rock 7.Township: Providence 8,County- Rowan
9. Subdivision: Pebble Point 10. Section: 1 11. Parcel: 2 2 and 23
12. LotNo.: 22 and 23 13. Tax Map No.: 606A
14. Directions to property: I-85 to Long Ferry Road to Goodman Lake Road
15. Is the shoreline along the property described above designated as a High Cultural Probability Zone in Yadkin's Shoreline Management Plan
(circle one, leave blank ifyou do not know) : Yes No
SECTION TWO--INFORMATION NEEDED FOR ALTERATION OF SHORELINE
(7he following information must all be attached to the application)
I . Map of the reservoir area where the excavation is proposed - Applicant must a ttach a map of the area of the reservoir and adjoining shoreline
property owned by the applicant where excavation is proposed. The map must clearly indicate the area of the proposed excavation and to
what depth (contour elevation) the excavation is proposed.
2. Description of the planned excavation - Applicant must attach a written description of the planned excavation including an estimate of the
reservoir bottom to be modified and the amount of material to be removed from the reservoir.
3. Plan for disposal of excavated material - Applicant must attach a written description of their plans for disposing of the excavated sediment. No
sediment may be disposed of within the FERC project boundary (655 foot contour), or on property owned or managed by Yadkin or Alcoa
4. Resource impacts assessment - Applicant must attach a brief written description of the potential impacts of the proposed excavation activity on
surrounding reservoir resources, including impacts to water quality and fish habitat If there is any vegetation growing in or around the area of
proposed excavation, it should be noted and the areas of vegetation should be photographed, and photos included with application.
5. Plans and schedule for conducting the proposed excavation - Applicant must attach a written schedule for completing the proposed excavation.
6. Agency Approvals - Applicant must attach copies of written concurrence with the proposed excavation from the following agencies:
U.S. Army Corps of Engineers (see back of this form)
North Carolina Division of Water Quality (see back of this form)
North Carolina Department of Cultural Resources (required in High Cultural Probability Zones) (see back of this form)
SEC`T'ION THREE (to be completed by the Applicant)
I hereby apply for a permit to perform the above-described shoreline alteration at High Rock Reservoir. I agree to abide by all applicable
requirements of Yadkin's Shoreline Management Plan, the conditions of the Activity Permit for Shoreline Alteration and other Yadkin procedures
and requirements. I also agree that NO WORK will begin until I receive an ACTIVITY PERMIT signed by Yadkin.
Date Swat ofApptic=

White Copy - Yadkin Pink Copy - Applicant Green Copy - Other
Section Two:
1. Map attached
2. Description of the planned excavation:
Excavation will include removal of material in highlighted area of map. Excavation will
consist of approximately 14,000 square feet on reservoir bottom. All slopes will be
approximately 3 to 1 ratio. Estimated amount of material to be removed is 400 cubic
yards. All excavation will be performed in a way that natural drainage of water into
reservoir will be possible and no ponding of water will result from said excavation.
3. Plan for disposal of excavated material:
A small percentage of suitable material will be used for grading purposes on applicants
house site. Remaining material will be completely removed from site and development.
No material will be placed in property owned or managed by Yadkin or Alcoa, Inc.
4. Resource impacts assessment:
There should be no impact to water quality or fish habitat since there are no visible
sections of structure for holding fish. There is no vegetation in area to be excavated.
5. Plans and schedule:
Excavation will be completed as soon as permits are in place and weather permitting.
Excavation will take approximately 3 to 4 working days.
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REFERENCES
? Ruce }
e To. map 6o6-A pacers 22 a 23
y??y? ; ^\ I Deed boot 627 Pogo 749
}?t 'PEBBLE POINT', Section I. Lots 22
At 23, Atop book 9995 Pogo 1650.
Restrictions ure found .n deed
V!CINIff MAP book 622 Doge 404.
,vet toto Scars LAldr
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4174 Scale 1w 40'
SURVEv rOR
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ROWAN COUNTY, NORTH CAROLINA
-'s plot i3 outlert to any 00.410^14• og'eements, a nght c'
o. wan of record. Survey by . Jomes T. Mill, RI S L-2512.
J3ne3 I cer+lfy that IMS p at w03 drown ?ndK m. 125 West Kerr Street, Salisbury, NC 28144
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