20011341 Ver 1_COMPLETE FILE_20010907

O?0 NNAT ?
r
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
October 2, 2001
DWQ# 01-1341
Lincoln County
Dorothy Bush
20419 - E Sterling Bay La West
Cornelius, NC 28031
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A
NCAC 2B.0243)
Dear Mr. Bush:
You have our approval, in accordance with the attached conditions, to place fill material in 280 square feet of waters for the purpose
of stabilizing the shoreline at 4297 Silver Eagle Cove (lot 219, Sailview subdivision) Lincoln county as described in your application dated
September 7, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3280, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use
Regional Permit Number 198200030 when the US Army Corps of Engineers (USACE) issues it. This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers as required under 15A NCAC 2B.0243(8). 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404
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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and those listed below.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Pete Colwell in the DWQ Mooresville Regional Office at 704-663-6040 or Todd St. John in Raleigh at 919-
- - 733-1786.
ince ly,
ry J. Thorpe, Ph.D.
cti q Director
Attachment
cc: US Army Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources.
01-1341
WDENR
Customer Service
1 800 623-7748
>??., rr
Michael F. Easley
Govemor -
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
AV I
I _? . 20001
DWQ Project# (31--I 34)
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules i'
S
V\y
rai-yt2?: C_ ZB 1 5 ???' ?Cot
?
l 5?
Dear v` Ste' 1) I
ul
r ins
Yo have our approval, in accordance with the attached conditio , to e?('C
2 ?0 5 '*e aeFos of wo4ands-er aters for the purpose of as you
escribe in your application dated UI).I After reviewing your application, we have
decided that this fill is covered by Gen ral Water dual ity Certification Number 3-2-%0
This Certification allows o e Permit Number 6 3 0 when the Corps
of En ' es it This approval is also valid for the Neuse River buffer rules (15A NCAC 2B
33). 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. This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 1506 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 Wat Qua ity under S ctlon 401 of the Clean
Water Act If ou have -any questions, -ple se telephone at 919-733-1786 or
P ?? of our Regional Office at
r- Sincerely,
Kerr T. Stevens
-
Attachment
cc: 11Yifrin efs
ores of Engi ers ?.? Field Office
crpf III - ° DWQ Regional Office
File Copy =
1? Central Files - -
Niffd- R
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
o113411
-401 ISSUFI DUKE POWER LAKE MANAGEMENT, EC12-Q ? Aj
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 )N 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.
L Applicant Information
A. NameDop oTAd :J y • -Eu S h ??``??
B. Mailing Address 2_04/ 9- C STeez4, /ti '3r4?f `.R W e i
CD/Lne 1ritS Ale- 7- 9163 1
C. Telephone: (-C "q) X09
II. Location of Proposed Project
A. Lake ueQ.r kl Q A) B. Street Address 4L4 7 .5 L?1= 2 5A?-+C E Cove
C. County Li KCo/a
VeC
D. City, town community or landmark_-D
FN Z
E. Section 9, Lot # ? /e 5uouivision _S4/L V/,5'iA/ _
F. Directions to property by road kt e / A/ oe r ? _.Tb P. S ??, •44 H 7-
-VJ
7"0 4*-?L LE FT 6W S/G VE/L 40511-e, , e- F c,o rJ e ' 4,1, ' 'ovc{S
G. Latitude and longitude for the project site
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.mapblast.com)
M. Description of Project 140'
A. Length of wall
B. Material r t P- Q A-P _
C. Distance from property 1me/shor ' e r o /-c0 t-V/? ?a??? C
IV. Intended Use of Project Area
A. Privat i
B. mmercial
V. Applicant Signature Date J G
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
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 NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION.• JOHN DORNEY
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650`"'' l
919-733-1786
08/20/01 ssb
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 0 1 1341
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. CheA all of the approval(s) requested for this project:
©' Section 404 Permit
? ection 10 Permit
401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: I "1 9 M ?) o
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: '
Mailing Address:
Telephone Number: 0L1- C197- ''175e Fax Number:
E-mail Address: Ala -
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if t e Agent had si natory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address: i
Telephone Number: -70L1' iS9 (,2" 15()0 Fax Number: ?01-i " ?--
E-mail Address:
Page 3 of 12
III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Lar ,csg, Nearest Town: QeA V
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.)-
l
5.
6. Describe the existing land use or c=dition of the site at the time : of this application:
7. Property size (acres): 1 (D C?
8. Nearest body of water (stream/river/sound/ocean/lake): Ut k-e? T?GC M, CL \. Atlb 0
9. River Basin: K T \01r fy\
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http /Hh2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
J!e-'w`y
Site coordinates, if available (UTM or Lat/Long): ? &3Sa 4/ L 0 sw o ,
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
10. Describe the urpose of the proposed work: _Q
%
l.t?? ll Anr ,
11. List the type of equipment to be used to construct the project: ? -V-
12. Describe the land use in the vicinity of this project: P?U o )AaYtO,, JdgThe
%1/210 a-N -
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. /__
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://ww%v. fema. sov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
IV,
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchingtstraightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w w.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni,
v,Avv.,.map(juest.com, etc.). /
Cumulative impacts (linear distance in feet) to all streams on site: / ?'
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Id
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

V a
CALa 141010; ' n Tina
-
add 940 ?Y A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, areagutg,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embar"ent, excavation, installation of
draw-down valve or spillway, etc.): A F 141
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.):
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
irrigation, aesthetic, trout pond,
pond surface area:
Page 7 of 12
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
h? Ck
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/ /index.htm..If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): .4 1
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA fin approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included 'at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 6CLt& L? 11 a. )?
Yes 2 No ? If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* sqImpact uare feet) Multiplier MReq atio
1 3
2 1.5
Total
` Lone t extends out 30 teet perpendicular from near bank of Channel; Gone L extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DV VA Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact pertnit pplication?
Yes ? No
Page 10 of 12