20001341 Ver 1_COMPLETE FILE_20001023

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
• •
A&4 Aamw !Ll
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 27, 2000
Lincoln County
DWQ Project # 001341
APPROVAL of 401 Water Quality Certification
Smithstone Properties, LLC
224 Rolling Hill Road, Suite 9A
Mooresville, NC 28117
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to 6110.16 acres of
waters on Lake Norman in Lincoln County, for the purpose of marina construction as you described in your
application received by the Division of Water Quality on October 23, 2000. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3280. This certification allows
you to use General 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 Water shed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.. 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) (6) and (7). For this approval to be valid, you
must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General. Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447._ This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone John Dorney at 919-733-9646.
Si erel
Stevens
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Arthur Oldham, Oldham Planning & Design, 1100 South Main St, Charlotte, NC 28203
File Copy
Central Files
001341
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.htmi
OLDHAM PLANNING 8z DESIGN ASSOCIATES, INC.
4401 fsuw'
Mr. John Dorney
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
SUBJECT: 401 Water Quality Certification, Community Boat Slips
Smithstone Subdivision, Lincoln County, NC
Dear Mr. Dorney,
001341
As Agent for the owner of Smithstone we are requesting your review of the attached
documents describing a proposed 28-slip private community marina with a single boat
launch ramp at Smithstone.
No dredging within the project boundary of Lake Norman nor in any delineated
wetlands will occur as part of this activity. Shoreline stabilization will consist of 490 lineal
feet of riprap placed upon the naturally sloping shoreline behind the proposed slips and
ramp. Riprap will be used in combination with emergent grasses and willows to create as
"natural" a visual effect as possible while still preventing erosion. The riprap will be
placed two, to no more than five, feet above the 760 foot contour. It will be backed with
permeable filter fabric to prevent soil erosion during high water and will be 18 inches
into the lake bottom to prevent undercutting. Riprap will not extend more than 15 feet
beyond the ends of the boat slips or ramp along the shoreline.
Area maps, a plan view of the cove with appropriate dimensions, and detailed drawings
of the proposed slips are attached to this letter along with your standard application
requesting 401 certification.
If there is any further information you require, please do not hesitate to contact me
directly at [phone].
Sincerely,
A ur . Oldham, Agent for Smithstone Subdivision
PAYMENT
1100 SOLM I NENY STE= RECEIVED
svrlE 1cx?
C-IAFdKY1*IF-, NC 28203
PFi: (704) 342--1919
Fx [phone]
EMAIL 0 OFT)A.COM
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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 CERTIFICATION
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: _ 6/4 M$7WE O#ER't7?S LLG
?D
2. MAII,ING ADDRESS. 2Z t jtv4.L W& 141-
Svit? 9a s Moo?scn?, J?I•C • z??
SUBDIVISION NAME _ 5AMS M/4E
'bEDxp- /N.e.
CITY: -STATE: _ ZIP CODE: _
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): SM 19TJS fDuF S VBD?V1Sl0?tJ? p?F Hf btkt,l?`C 1(0
lNsAm Dsvug;A, /Y.G .
3. TELEPHONE NUMBER: (HOME) _ (WORK) Leo-1) 3-fZ ^171of
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Ar T'NJR OLDHAM : 61.0W A4 IIND SovTN Mina C ? 2gzD?
cpooe T N-
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY' _ - NEAREST TOWN: bFA/?A/ C .
NCOI-N
SPECIFIC LOCATION (INCLUDE RO NUMBERS, LANDMARKS, ECT.) Loe-A*0 W
5At19tI &"*Ok bAk OFF I'N Y Ib ASAAL MvWltjN•G. jyORJH
6. IMPACTED OR NEAREST STREAM/RIVER: _ RIVER BASIN:
7. (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-In? YES [] NO g IF YES, EXPLAIN: _
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [] NO
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN a") DESIGNATION? _
8. (a) HAVE ANY ECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES NO ? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
*-'fto r 1.1,. 19 30620
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO X IF YES, DESCRIBE ANTICIPATED WORK: _
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1 OZ- /H sviss"veloN
(b) E M ?Dt NDS INUMB ER OF A ApRES?O?dT ? v} O?CATED ON PROJECT SITE:
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: _O EXCAVATION:
FLOODING: O OTHER : -0
DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 0 FT AFTER: 0 FT
WIDTH BEFORE (based on noa high water contours): 0 FT
AVERAGE DEPTH BEFORE: - FT AFTER: 0 FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAMIFLOODING: _
OTHER: - H/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? _ WHAT IS THE EXPECTED POND SURFACE AREA? //
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
pLAt?MSUP OF LAST St-lipsp IN r)A%j AN W 11V S %it1Le AWW 0 F4Q0 /iMW
13. p?O to f ?i1o 4? Ne pN 1 at
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14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MDMvfIZE WETLAND IMPACTS)
_w wer-44N% /M p& ire) BY T*4 Ac4ithrf
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: -L-r4.47
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 -2-1711
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ? NO ?4 (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? _
(fl IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? RlA4 A- ov f ?dc1?IK
7, Au APP+ Wv seuA62 7xs4putavr Wr
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 TIRE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM,
SIGNA
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
ct?,V?.Ali?hsfo,,
R E A L T Y . L L C
September 20, 1999
Duke Power Company
Lake Management Group
Attn: Ann Duncan
Via Fax: [phone]
Charlotte, NC 28358
Re: Smithstone Subdivision
Dear Ms. Duncan:
This letter is to notify you that Oldham Planning and Design Associates, Inc.is
acting as SmithStone Properties' agent for the preparation of the Ferc Application for the
proposed boat slips at the SmithStone Subdivision in Lincoln County, North Carolina. If
you have any questions or concerns, please don't hesitate to contact me.
Sincerely,
Dittorrow
DEM:hw
SmithStone Realtty, LLC • 1540 North Hwy 16 • Denver, NC 28037
[phone] Fax [phone]
www.smithstone.com
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Smithstone ^ VICINITY PLAN
O n D A Oldham Planning & Design
;-:?- 1100 South Mint St. Suite 100 704.342.1919 NORTH 1 W=2000' 6-21-00
2. Detailed written description and map showing the location and type of
facility:
Response:
A. The location of the proposed facility is shown on the attached map. The
facility is reached by traveling north on highway 16 from the intersection of 16
and 177 in central Charlotte for approximately 30 miles to Woodhill Cove
Drive. Turn right (east) onto Woodhill Cove Drive and proceed to Green
Point Drive and turn right (south). Follow Green Point Drive until it
intersects with Smith Harbor Drive at a `T". Turn right (south) on Smith
Harbor Drive for approximately 700 feet. The location of the proposed
Community Boat Slips will be on the left (east) at the shoreline.
B. The proposed facility will be located within the project boundary of Lake
Norman in Lincoln County, North Carolina, approximately one-half to three-
quarters of a mile east of Denver.
C. The attached Registered Land Survey shows the proposed area to be
conveyed, the proposed Community Boat Slip configuration with required
offsets around it, and the proposed placement and configuration of the
Launch Ramp.
D. These facilities will be used to serve the residents of Smithstone, a private
residential community.
E. The Access Lot adjacent to the Community Boat Slip (shown as " Common
Open Space" on the survey) will be owned by Smithstone Properties, LLC
until construction of the proposed facility has been completed. At that time
the ownership of the Access Lot will be turned over to a Homeowners
Association which will assume full responsibility for upkeep, maintenance, and
all operating costs for the Access Lot.
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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
F;266E 04
1 ? •
NCDENR
NORTH CARot.1NA DEPARTMeNT of
ENVIRONMENT AND NACruRAL Rr<50tjRcez
May 17.1999
Lincoln County
DWQ Project a 990284
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRY
Stniithstone Properties. LLC
P.O. Box 669
Cornelius, N.C. 28031
Dear Sirs:
You have our approval. in accordance with the attached conditions and those listed below, to place fill
material in linear feet of waters and 0.1'_' acres of wetlands for the purpose of constructing the Smithstone
subdivision Lincoln County. as you described in your application dated 3 March. 1999. After reviewing your
application. we have decided that this fill is covered by General Water Quality Certification Number 3127,3103 and
3108. These certifir:aduns allow you to use Nationwide Perrot Numbers 3,14 and 26 when the Corps of Engineers
issues it. In addition. you should get any other federal, state or local perrnits 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. 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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property :s sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with ail 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 and
any additional conditions listed below.
1. Deed notdicadons or similar mech¦^Isms shall be placed on all tots with remaining jreudictional wetlands and water or areas
within 50 feet of all streams and ponds to notify the state in otdu to assure compliance for fume wetland andfat waer impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. When DWQ visited the site on 27 April. 1999 these impacts to wetlands and streams had already
occurred Applicant is hereby notified that DWQ may take enforcement action for these after- the- fact
impacts that occurred before permitting.
We understand that you have chosen to contribute to the Wetland Restoration Progruh in order to compensate
for these impacts to wetlands and/or strutms. In accordance with 15A NCAC 2R .0402. this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). According to 1SA NCAC 2H
.0506(h). feet of restoration will be required. Until the Wetland Restoration Program receives and cleats your check
(made payable to- DEHNR - Wetland Restoration Progsarn), wetland or stream rill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 exc. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month From the date of this Certification to intake this payment- For aeconattng purposes,
this Certification authorizes the !ter of 163 feet of strrsms, In 930332 dyer and subbasin and X165 fees of
stream restoration are requtred. Pharr be aware that the Wetland Restoration Program (WRP) rules
require roundiug of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
Division of Water Quality • Environmental Sciences Branch
Non-Discharge Branch, 4401 Reedy Creek Rd.. Raleigh, NC 27607 Telephone [phone] FAX N 733-9968
An Equal Opportunity Affirmative Action Employer - 50% recyciedt'10% post consumer paper
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K you do not accept any of the conditions of this certification. you may ask for an adjudicatory hearing. You
trust act within 60 days of the due that you receive this letter. To ask for a hearing. send a written petition which
cbnfortns to Chapter 150E of the North Carolina General Statutes to the Office of
Administrative Hearings. P.O. Box 27447. Raleigh. N.C. 27611-7"7. 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 Donley at 919-733-1786.
Si 1 .?
rr Stercns
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell; Wetland Restoration Program
Chris Huysman; Soil and Environmental Consultants 990284.1tr
Etl'?3;`19?5 2 3: 22 8263226790 F4.GE L16
NORTH CAROLINA-DMSON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 1SA NCAC 2 H .0500,Smithstone Properties, LLC has pcrtniWon as outline below for
the purpose(s) of proposed road crossings and detention pond at Smithstone Subdivision. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached cetification u2mmitnal
letter. THIS CERTIFICATION LS NOT VLID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION
COUNTY:
BASINfSUBBASIN:
DWQ Pmject 9
Smithstone Subdivision
Lincoln
030832
990284
As required by 15A NCAC 2H.05M. and the conditions of this certification. you are tegaired to compensate
for the above impacts through the restoration, creation. enhancement or preservation of wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 13 2r.0303(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
165 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requiremeau is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address fisted below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLESES NOTE THE ABOVE IMPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT H.4S BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVRSON OF WATER QUALITY
P.O. BOX 29533
RALEIGH, N.C. 27626-0535
[phone] ext. 358
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930620 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Smithstone Properties, LLC
Address: P.O. Box 669
Cornelius, NC 28031
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Smithstone Subdivision" located on 102 acre tract located off of NC 16; near Denver
Description of Activity:
Install a culverted road crossing in an unnamed tributary to Lake Norman (Graham Creek) in
association with the above referenced development. Crossing will impact approx. 110 LF of
stream channel.
Applicable Law: `t 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]. For any
activitywithin 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 May 5. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification May 5. 2001
cc: S&EC, Inc.
CESAW Form S91
Revised July 1995
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930621 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Smithstone Properties, LLC
Address: P.O. Box 669
Cornelius, NC 28031
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Smithstone Subdivision" located on 102 acre tract located off of NC 16; near Denver
Description of Activity:
Install 2 culverted road crossings, deposit fill for lot construction, and construct a state
required wet pond in unnamed tributaries to Lake Norman (Graham Creek) in association with the
above referenced development. As a result of the project, approx. 305 LF of biologically
"important" stream channel will be impacted due to filling associated with culvert installation
and dam construction. In order to mitigate for the loss of 305 LF of "important" stream channel,
payment will be made into the state Wetland Restoration Progrm fund.
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 May 5. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification September 15. 1999 cc: S&EC, Inc.
CFSAW Ft 50 R-ivd MN 1005
OLDHAM PLANNING & DESIGN ASSOCIATES, INC
*401lss(/'?O.
Mr. John Dorney
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
?s
r O CT 2 3 2000
` w?t?ftab G90 UP
WATE.'
0013411
SUBJECT: 401 Water Quality Certification, Community Boat Slips
Smithstone Subdivision, Lincoln County, NC
Dear Mr. Dorney,
As Agent for the owner of Smithstone we are requesting your review of the attached
documents describing a proposed 28-slip private community marina with a single boat
launch ramp at Smithstone.
No dredging within the project boundary of Lake Norman nor in any delineated
wetlands will occur as part of this activity. Shoreline stabilization will consist of 490 lineal
feet of riprap placed upon the naturally sloping shoreline behind the proposed slips and
ramp. Riprap will be used in combination with emergent grasses and willows to create as
"natural" a visual effect as possible while still preventing erosion. The riprap will be
placed two, to no more than five, feet above the 760 foot contour. It will be backed with
permeable filter fabric to prevent soil erosion during high water and will be 18 inches
into the lake bottom to prevent undercutting. Riprap will not extend more than 15 feet
beyond the ends of the boat slips or ramp along the shoreline.
Area maps, a plan view of the cove with appropriate dimensions, and detailed drawings
of the proposed slips are attached to this letter along with your standard application
requesting 401 certification.
If there is any further information you require, please do not hesitate to contact me
directly at [phone].
Sincerely,
A ur . Oldham, Agent for Smithstone Subdivision
1 100 SOLM I N IFF SIFII?L'I•
SOr1E 100
ca-iAm.d7I1E, Nu 2$203
ri v (70=1) 342-1919
rx: [phone]
1-MWL 3 OR)A.00M
PAYMENT
RECEIVED
C- -4
OIPDlt

;xu1s%izrrr<suor do>f?n
wedemds 1113.0, loo i

001,341
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 CERTIFICATION
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: _ 6A C?tl$"F Momit 1S5 , LGG
2. MAILING ADDRESS: 77,t zcej_w&
SviYE 9A j Moot?SCn?, lV•C . ZBI??
SUBDIVISION NAME
_ 5M ?7NSj??
temm
CITY: -STATE: _ ZIP CODE: _
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): SMI9TJS ?A/Fi S?BnIV1s[O?V? OFF Nl6N4?tf 140
/1 FAX b&1jW Aj /Y• G •
3. TELEPHONE NUMBER: (HOME) _ (WORK) Lv-f) :5`fZ-171of
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, SS,
p[r9?r
PHONE NUMBER: A lzT MjR O&DMAM : 61.0rw4A
- f?a!•) 3¢z-rgrgr lido Soob4 M/atcr.
ig??
crAwal-re N-
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY- ' _ -NEAREST TOWN: . DrAjW ?, • C .
. 1VCbLr1
SPECIFIC LOCATION INCLUDE RO NU?vBERS, LANDMARKS, ECT.) LOCa4d
6. IMPACTED OR NEAREST STREAM/RIVER: , RIVER BASIN: _ Lr4kE NORM74N
7. (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 ? NO g IF YES, EXPLAIN: _
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO N
(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? _
8. (a) HAVE ANY ECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES NOE] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
*-170N J.D. 19QM30620
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES E] NO N IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 1 DZ /H Su?lt?VtS/0N
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NO wm7' ANDS /N AAW A of riteF&Wd Ae-"VttY
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: O EXCAVATION: 0
FLOODING: OTHER :
DRAINAGE : O TOTAL ACRES TO BE IMPACTED: 0
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: Q FT AFTER: 0 FT
WIDTH BEFORE (based on no al high water contours): 0 FT
AVERAGE DEPTH BEFORE: V FT AFTER: a FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: -
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAMIFLOODING: _
OTHER: , NIA
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSMD
DRAINING TO THE POND? _ WHAT IS THE EXPECTED POND SURFACE AREA? _JSl/
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
?1,, Z Sua' of 3A47' SLI pSp?/?N L?6KE?'? ie !AN ANIO Sp.LO?ILr?A74V 0 P4?0 IiW&-
13. P SE OROPOSED WO N?RIC ?lo'? ?V???} waYS?IP4?F rye/` ?7N14Q1Q
IC aC,CC S . ! I
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO NIININIIZE WETLAND IMPACTS)
--M U/V-1-40% IM P&MI 19Y "q A01thrl
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:.J'm•`j
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 2'?R•?'?
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ? NO ?4 (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? _
(I) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? PVA40-o? 1 ?iK
70 Acv Alb saums 7R avr fur
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE R PACTED 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 T'IL'E PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM,
S'GL/-t DA?,I l,(e
(AGENT'S SIG ATURE VALID ONLY-
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
R E A L T Y . L L C
September 20, 1999
Duke Power Company
Lake Management Group
Attn: Ann Duncan
Via Fax: [phone]
Charlotte, NC 28358
Re: Smithstone Subdivision
Dear Ms. Duncan:
This letter is to notify you that Oldham Planning and Design Associates, Inc.is
acting as SmithStone Properties' agent for the preparation of the Ferc Application for the
proposed boat slips at the SmithStone Subdivision in Lincoln County, North Carolina. If
you have any questions or concerns, please don't hesitate to contact me.
Sincerely,
Dittorrow
DEM:hw
SmithStone Realtty, LLC • 1540 North Hwy 16 • Denver, NC 28037
[phone] Fax [phone]
www.smithstone.com
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Smithstone VICINITY PLAN
O P D A Oldham Planning & Design
1100 South Mint St. Suite 100 704.342.1919 NORTH ?
1 _2000 6-21-00
2. Detailed written description and map showing the location and type of
facility.
Response:
A. The location of the proposed facility is shown on the attached map. The
facility is reached by traveling north on highway 16 from the intersection of 16
and 177 in central Charlotte for approximately 30 miles to Woodhill Cove
Drive. Turn right (east) onto Woodhill Cove Drive and proceed to Green
Point Drive and turn right (south). Follow Green Point Drive until it
intersects with Smith Harbor Drive at a "T". Turn right (south) on Smith
Harbor Drive for approximately 700 feet. The location of the proposed
Community Boat Slips will be on the left (east) at the shoreline.
B. The proposed facility will be located within the project boundary of Lake
Norman in Lincoln County, North Carolina, approximately one-half to three-
quarters of a mile east of Denver.
C. The attached Registered Land Survey shows the proposed area to be
conveyed, the proposed Community Boat Slip configuration with required
offsets around it, and the proposed placement and configuration of the
Launch Ramp.
D. These facilities will be used to serve the residents of Smithstone, a private
residential community.
E. The Access Lot adjacent to the Community Boat Slip (shown as " Common
Open Space" on the survey) will be owned by Smithstone Properties, LLC
until construction of the proposed facility has been completed. At that time
the ownership of the Access Lot will be turned over to a Homeowners
Association which will assume full responsibility for upkeep, maintenance, and
all operating costs for the Access Lot.

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01/03/1995 23:= 82932-26-.90
.. T
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
F_:GE 04
Y 0
OWN i M?__?; k, NCDENR
NORTH CAROuNA DerARTMew of
ENVIRONMENT AND NATURAL Ri~sOl rt(=zz
May 17.1999
Lincoln County
DWQ Project a 990284
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRY
Smithstone Properties, LLC
P.O. Box 669
Cornelius, N.C. 28031
Dear Sirs:
You have our approval. in accordance with the attached conditions and those listed below, to place fill
material in linear feet of waters and 0.1'_ acres of wetlands for the purpose of constructing the Smithstone
subdivision Lincoln County, as you described in your application dated 3 March. 1999. After reviewing your
application. we have decided that this fill is covered by General Water Wality Certificition Number 3127,3103 and
31US. These certifications allow you to use Nationwide Permit Numbers 3,14 and 26 when the Carps of Engineers
issues it. In addition. you should get any other federal, state or lo"I 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. 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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the propertyis sold, the new owner trust 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 requited as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions fated below.
1. Deed notifications or similar mecbanisms :ball be placed on all lots with nemaining jrandictionat wetlands and waters or areas
within 50 feet of all straara and ponds to notify the state in ordu to assure compliance for future wetland andlot water impact_
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. When DWQ visited the site on 27 April. 1999 these impacts to wetlands and streams had already
occurred Applicant is hereby notified that DWQ may take enforcement action for these after- the- fact
impacts that occurred before permitting.
We understand that you have chosen to contribute to the Wetland Restoration Prograth in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0442. this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). According to 15A NCAC 2H
.0506(h). feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to- DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions enuxrtning the Wetland Restoration
Program. You have one month {nom the date of this Certification to make this payment. For aeccandrig purposes,
this Certification authorizes the IM of 165 feet or streams, in 030332 river and subbaastin and.16 feet of
stream restoration are required. Please be aware that the Wetland Restas don Program (WRP) rules
require rounding of acreage amounts to on"uarter acre increments (15A 2R.0503(b)).
Division of Water Quality • Environmental Sciences Branch
Non-Discharge Branch, 4401 Reedy Creek Rd., Raleigh. NC 27607 Telephone [phone] FAX N 733-9958
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
01/0.311995 23:22 8283226790 PAGE 05
r ? .
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
cbnfnrms 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 gttesdons. please telephone John Domey at 919-733-1786.
Si 1 r
rr Stevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell; Wetland Reatoradon Program
Chris Huysman. Soil and Environmental Consultants 990284.1tr
01/-03/1995 23:22 8263226?90 F:%GE t6
NORTH CAROLINA-DMSON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERM 17MM IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 1SA NCAC 2 H .0500.Smithstone Properties. LLC has permission as outline below for
the purpose(s) of proposed toad crossings and detention pond at Smith:tone Subdivision.. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached ceti6cation. transmitual
letter. THIS CERTIFICATION IS NOT VLID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION
COUNTY:
BASINISUBBASIN
DWQ Project #
Smithstone Subdivision
Lincoln
030832
990284
As required by 15A NCAC 2H.0506. and the conditions of this certification. you are required to compensate
for the above impacts through the restoration. creation. enhancement or preservation of wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Now. Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acct increments according to 15 2r.0503(b)
acres of Class WL wetlands
acres of riparian wedand
acres of non-riparian wetlands
acres of Class SWL wetlands
165 linear feet of stream channel
- (other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option. please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLESES NOTE. THE ABOVE EWPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVTSON OF WATER QUALITY
P.O. BOX 29535
RALEIGH. N.C. 27626-0535
[phone] ext. 358
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. 199930620 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Smithstone Properties, LLC
Address: P.O. Box 669
Cornelius, NC 28031
Telephone No.:
Size and Location of project (water body, road name/number,, town, etc.):
.. "Smithstone Subdivision" located on 102 acre tract located off of NC 16; near Denver
Description of Activity:
Install a culverted road crossing in an unnamed tributary to Lake Norman (Graham Creek) in
association with the above referenced development. Crossing will impact approx. 110 LF of
stream channel.
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. Divisionof Environmental Management, telephone [phone]. For any
activitywithin 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 May 5. 1999
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification May 5. 2001
cc: S&EC, Inc.
CFSAW Form 591
Revised July 1995
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199930621 County Lincoln
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Smithstone Properties, LLC
Address: P.O. Box 669
Cornelius, NC -28031
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Smithstone Subdivision" located on 102 acre tract located off of NC 16; near Denver
Description of Activity:
Install2 culverted road crossings, deposit fill for lot construction, and construct a state
required wet pond in unnamed tributaries to Lake Norman (Graham Creek) in association with the
above referenced development. As a result of the project, approx. 305 LF of biologically
"important" stream channel will be impacted due to filling associated with culvert installation
and dam construction. In order to mitigate for the loss of 305 LF of "important" stream channel,
payment will be made into the state Wetland Restoration Progrm fund.
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 penmittee 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 May 5. 1999
Corps Regulatory Official Steve Chapin Telephone No. (28) 271-4014
Expiration Date of Verification September 15. 1999 cc: S&EC, Inc.
CFSAW Fe 59 Revised 1.1, 1995