20011378 Ver 1_COMPLETE FILE_20010914

October 14, 2001
Mr.John Dorney
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Subject: DWQ-Project No. 01-1378
Dear Mr. Dorney:
Per my phone conversation today with Mr. Bob Zarzecki, I am sending you the following
information on my application for shoreline stabilization.
1. We are presently losing one to two feet of shoreline per year due to boat and Jet-Ski
traffic.
2. We presently have a buffer of approximately 75 feet of natural area from shoreline to
landscaped yard area.
3. Access to work site will be by a 10 foot corridor at the extreme right side of my
property.
4. A Bobcat will carry Rip-Rap to work area (shoreline) via the corridor. No trucks will
be on the buffer area.
5. The only trees that will be removed are the ones that have their roots exposed due to
errosion. This is 8 to 10 trees, small to medium in size. This will leave approximatly 125
trees in the buffer area.
6. Work will be done by a local Company that has experience in shoreline stabilization.
All paperwork has been completed and is in your possession. Thank you in advance for
your attention to this application.
Very Truly Yours
Robert G. Wilson
8671 Graham Road
Denver, N.C. 28037
Phone-704-483-6489
OF WA1F,4 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
O North Carolina Department of Environment and Natural Resources
> Gregory J. Thorpe, Ph.D.
O Y Acting Director
Division of Water Quality
November 13, 2001
Lincoln County
DWQ Project # 01-1378Y
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules
Robert Wilson
8671 Graham RD
Denver, NC 28037
Dear Mr. Wilson:
You have our approval, in accordance with the attached conditions, to impact 700 square feet of waters for shoreline
stabilization at 8671 Graham Rd as you described in your application dated October 14, 2001. 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
Regional General Permit Number 030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River
buffer rules (15A NCAC 2B .0233). 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.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or
areas within 50 feet of Lake Norman to notify the state in order to assure compliance for future wetland and /or
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. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers.
3. Trees shall be replanted in the access corridor which is disturbed during construction within 3 months of installation
of the shoreline stabilization. Planting must be done.
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 1508 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 or Pete Calwell at our Mooresville Regional Office at 704-663-1699
Si ce
T orpe, Ph.
AttarhmPnt
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748
cc: Asheville District Corps of Engineers
.Mooresville DWQ Regional Office
Mooresville Division of Land Resources
File Copy
Central Files
a ? -c
,
J`dy\
5
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
A PROVAL OF 401 Quality
W i Ism
6 rl I
D^agi?c, N C G
Dear hw . ()5yn
You have our approval, in
NO V1,r 13 , 2001
?,'i-n C06,, County
,.boq-,45 DWQ Project#: b - 3-
ation an ADDITIONAL CONDITIONS and-Wetrse River Buffer Rules
ate` C?aa I_
la I JAwe . 1? I
c ordance th the attached conditions and tho listed elow, to impact
inea d a-eem-of
s for at as you described in your 4aapFl=icaa ate
Cad 200A fter eviewing your a plication, we have decided that this fill is ceral
Water QuaIon Nu erThis certification allows you to use ermit
er wh n the Corps of Engineers issues it. This approval is also valid fRiver
buffer rules (15A NCAC 213 . ). 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. 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.. 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
i ll acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval
shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below, d'f Mou"
1. Deed notifications or similar m anisms shall be placed on all remaining jurisdictional wetlands and waters or
areas within 50 feet of all sti;"FA& to notify the state in order to assure compliance for future
wetland and/or 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. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers.
An additional condition is that a final, written stormwater management plan shall be approved by this Office
r before the impacts specified in this Certification occur. The stormwater management plan must include plans
and specifications for stormwater_management facilities designed to remove 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. Also; before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and
operational, and the stormwater management plan, as approved by this Office, shall be implemented.
Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
y- Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of,
Water Quality.
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
0 , conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
I LA 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a
hearing
ttA
rIzt- I r_?
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax- [phone]
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
This letter completes the review of the D
you have a y questions, please telephone
i? Regional Office at
Sincerely,
Kerr T. Stevens
Attachment Li ham')
cc; Corps of Engllneer? 13s-F?alegh Field Office
DWQ Regional Office
File copy
Central Files
Mws? ?'I,p R,-ge* Division of Land Resources
N A
Tom
of Water Quality under Section 401 of the Clean Water Act. If
at 919-733-1786 or Q% at our
OF wATF,4 F Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
Gregory J. Thorpe, Ph.D.
O `C Acting Director
Division of Water Quality
November 13, 2001
Lincoln County
DWQ Project # 01-1378Y
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules
Robert Wilson
8671 Graham RD
Denver, NC 28037
Dear Mr. Wilson:
You have our approval, in accordance with the attached conditions, to impact 700 square feet of waters for shoreline
stabilization at 8671 Graham Rd as you described in your application dated October 14, 2001. 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
Regional General Permit Number 030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River
buffer rules (15A NCAC 2B .0233). 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.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or
areas within 50 feet of Lake Norman to notify the state in order to assure compliance for future wetland and /or
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. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers.
3. Trees shall be replanted in the access corridor which is disturbed during construction within 3 months of installation
of the shoreline stabilization. Planting must be done.
If you do not accept any of the conditions of this cerrtification, 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 or Pete Calwell at our Mooresville Regional Office at 704-663-1699

Affarhmpnt
Wetlands1401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
AM
Customer Service
1 800 623-7748
cc: Asheville District Corps of Engineers
,Mooresville DWQ Regional Office
f - Mooresville Division of Land Resources
File Copy
Central Files
to '
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512 N. Salisbury St. Raleigh NC 27604 Phone [phone]

O?O? W ATFRQG Michael F. Easley
Governor
William G. Ross, Jr., Secretary
>_ y Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
October 8, 2001
Lincoln County
DWQ Project No. 01-1378
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Robert G. Wilson
8671 Graham Road
Denver, NC, 28037
Dear Mr. Wilson:
On September 14, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification for shoreline stabilization on your property in Lincoln County. Please note that the Catawba River buffer rules
became effective on June 30, 2001. Shoreline stabilization is classified as an "allowable" use within the rules. "Allowable"
uses require written authorization from the Division of Water Quality (DWQ) prior to construction. We are concerned that
construction of the shoreline stabilization measures proposed in your application will result in excessive impact to the
protected buffers. Please provide details on how you plan to install these shoreline stabilization measures, what measures
you will take to minimize impact to the buffers and then how and when you plan to replant the unavoidably impacted
portions of these buffers.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete-information (15A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions regarding the Catawba River Buffer Rules in relation to your
project, please contact Bob Zarzecki in our Central Office in Raleigh at [phone] or Pete Colwell in our Mooresville
Regional Office at 704-663-1699.
Sincerely,
ohn Dorney
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Bob Zarzecki
File Copy
Central Files
M 011378
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Jan 04 70 06:27p
October 14, 2001
Mr.John Dorney
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Subject: DWQ-Project No. 01-1378
Dear Mr. Dorney:
i?
Per my phone conversation today with Mr. Bob Zarzecki, I am sending you the following
information on my application for shoreline stabilization.
1. We are presently losing one to two feet of shoreline per year due to boat and Jet-Ski
traffic.
2. We presently have a buffer of approximately 75 feet of natural area from shoreline to
landscaped yard area.
3. Access to work site will be by a 10 foot corridor at the extreme right side of my
property.
4. A Bobcat will carry Rip-Rap to work area (shoreline) via the corridor. No trucks will
be on the buffer area.
5. The only trees that will be removed are the ones that have their roots exposed due to
errosion. This is 8 to 10 trees, small to. medium in size. This will leave approxirnatly 125
trees in the buffer area.
h. Work will be. done by a local Company that has experience in shoreline stabilization.
All paperwork has been completed and is in your possession. Thank you in advance for
your attention to this application.
Very Truly Yours
Robert G. Wilson
8671 Graliarn Road
Denver. N.C. 28037
Phone-704-483-6489
p.1
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006 4 1 1 3 7 8
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
1.
II.
Applicant Information /
A. Name ? 6 c s/r 4cf- ?_0 i A-5 o.-J /
B. Mailing Address 2!1 7? / ?CI??%?rt
C. Telephone:1
Location of Proposedll Project
Lake ? I'l2Qn'
Street Address
?,'?i v /mar
C. County
D. City, town, community or landmark :f_r/ /YG3 /C?
E. Section
F. Directions to property by road
G

.ir
Latitude and longitude for the project situ 3s ?7D /? Lo ?. -y y 7? 7,Y7-2
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)
III. Description of Project
A. Length of wall /?X ?D
B. Material
C. Distance from property line/shoreline
IV. Intended Use of Project Area
Private "?ivG?? l? uwe?/ ?Ly
Commercial I/ J
J
V. Applicant Signature o2??'C i ?Xz_ Date
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. JOIIN DORNEY
1621 AIAIL SERVICE CENTER
RALEIGH, NC 27699-1621 r
919-733-1786 +i'dr
1/10/00ssl, h'cC;EII/ED
Lot 9 Subdivision
MapBlast!
APSLA !
Everyone needs a little d4eetiur, .i'life
Maps Direction
Trip Overview:
From: 8671 Graham Rd
Your directions
http: //www.mapblast.c,om/ mybiast/dDir.mb?&...am+Rd:35.228055:-80.84421:8:Charlotte,+NC

Language: US English L7
The estimated travel time is 34 minutes for 23.48 miles of travel, total of 5 steps.
Step Directions
1 Begin at 8671 Graham Rd on State Hwy 1441,Graham Rd,Hideway Condos and go
Northwest for 1.3 miles
2 Turn left on State Hwy 1439, Unity Church Rd and go Southwest for 0 2 miles
(?3 Turn left on NC-16 and go Southeast for 21 miles
4 Bear right on ramp at sign reading "Church St to Tryon SC and go Southeast for 600
feet
?t
5 Turn right on N Church St and go Southwest for 0.6 miles to Charlotte, NC
l
----------- ------------
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These driving directions are provided only as a rough guideline.
Please be sure to call ahead to verify the location and directions.
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The Basics of the 401 Water Quarniy Gerurncation rtucess
401 Water Quality Certification Program - The Basics
Section 401 of the Clean Water Act delegates authority to the states to issue a 401 Water Quality
Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The "401" is
essentially a verification by the state that a given project will not degrade Waters of the State or
otherwise violate water quality standards. The. following is a basic outline of the 401 review process in
North Carolina:
When do you need to request a 401 Water Quality Certification?
If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your
proposed project involves impacts to wetlands or waters, then a 401 Water "Quality Certification is also
required. The Corps also determines which type of permit is applicable to your work, a Nationwide,
Regional, Generator Individual Permit. For each of the Nationwide, Regional or General Permit, a
matching General Certification must be issued by DWQ in order for the Permit to be valid. An Individual
401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps has
determined which type of permit you should request, you can read the matching General Certifications
on the DWQ web page. Please read the applicable Certifications very carefully, and note whether or not
written concurrence/notification is required by DWQ. If written concurrence/notification is not required,
and your project meets all of the conditions of the General Certification, you do not need to submit a
formal application or receive a signed 401 Water Quality Certification for your particular project. If the
General Certification states that written concurrence is necessary, please note the following steps
necessary to obtain your 401 Certification.
Fill out a Pre-Construction Notification
In North Carolina, you use a single form to request both a 404 Permit and 401 Certification. This
PCN Form can be downloaded directly. Please note, this form will be revised later in 1999 when the
final versions of the new Nationwide Permits are issued. Just follow the instructions on the form. You
should also include a cover letter explaining your project, and enclose a vicinity map and a site map (to
scale) depicting all the proposed impact areas. You are also encouraged to provide any supporting
documentation available, such as correspondence received from the Corps of Engineers or
photographs. Remember, the more clearly you describe your project, the more quickly we can review
your application. You will need to submit this application to the Corps and provide seven copies of the
entire application to DWQ. If you do not provide seven copies, your application will be returned as
incomplete. DWQ will distribute the copies to five other state agencies, as well as the appropriate DWQ
regional office, which saves you time and expense.
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Corps of Engineers Asheville Regulatory Field Office
Corps of Engineers Washington Regulatory Field Office
Corps of Engineers Wilmington Regulatory Field Office
Wetland Contacts
DWQ Regional Offices
Dennis Ramsey
Cyndi Karoly
Central Files
GP30APPS

NC DWQ's Wetlands Unit
401 Water Quality Certification Fees
To: Interested Parties
401 Certification Mailing List
From: Coleen Sullins
Re: a) 401 Water Quality Certification Fees
b) Stream length versus area
The 1998 North Carolina General Assembly adopted fees for the 401 Water
Quality Certification Program effective January 1, 1999 (see attached)
(Section 143-215.3D(e)]. Fees for "Major Water Quality Certification"
(defined as those with greater than or equal to one acre of wetland or
water fill or equal to 150 feet of stream impact) will have a fee of
$475.00. "Minor Water Quality Certifications" (defined as less than one
acre of wetland or less than 150 feet of stream impact) will have a fee of
$200.00. Any applications received by DWQ after January 1, 1999 must be
accompanied by a check for the required amount. If payment is not included
with a request for a Nationwide Permit, the application will be returned
to the applicant as incomplete. If the correct payment is not included
with an Individual 404/401 or a CAMA Permit Application. a project file
will be created, but the applicant will receive a letter informing them
that the project will not be processed until the full payment is provided.
Checks should be made out to the N.C. Division of Water Quality.
You should be aware of these additional provisions of this new requirement.
REQUIREMENTS
• Changes to an existing 401 Water Quality Certification require a full
new Certification by DWQ. Additionally, any 401 Certification that is
requested to be renewed, as a result of the work not being completed
prior to the expiration date, also results in a full issuance of a new
Certification. A fee is required with each issuance.
• Due to the requirement for fee payment for each request, applicants are
advised to include as many project details and phases as possible in the
initial application.
• If a project requires a CAIMA permit and its associated fee, a payment
for the 401 Certification request is still required.
• No refunds will be issued for denied, modified or withdrawn
certification requests. If DWQ or the Corps of Engineers retires a
project due to insufficient or inaccurate information, no refunds will
be issued.
• Payment must be made in full.
• Nationwide Permits for minor wetland impacts or those without wetland or
stream fill that do not require written approval of the 401 Water
Quality Certification do not require payment of the fee. If an applicant
still chooses to submit an application in order to have written approval
to file with their project records, then the fee payment is required if
wetland or stream fill is involved.

• Receipts for fees will only be sent upon written request.
Also please be aware that the Division considers stream impact to be length
rather than area in all cases regardless of Individual versus Nationwide permit
status or significant versus insignificant channel. This has been DWQ's policy
since February 1997 but recently some confusion has developed with some
applicants.
Please call Mr. John Dorney at [phone] if you have any questions
about Certification fees or the stream length versus area.
The Wetlands/401 Water Quality Certification Unit of the Division of Water
Quality - North Carolina Department of Environment and Natural Resources. For
more information please call [phone] or write NC DENR/Division of Water
Quality, Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621. For
information or comments on this Web Site please email Todd St. John -
"[e-mail]"

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
September 25, 2000
Jimmy Chisholm
Carolina Power and Light Company
179 Tillery Dam Road
Mt. Gilead, NC, 27306
And
Joe Hall
Duke Power and Lake Management
P.O. Box 1006
Charlotte, NC, 28201-1006
Re: General 401 Water Quality Certification for Lake and Reservoir Activities
Dear Messrs. Chisholm and Hall:
The purpose of this correspondence is to clarify the provisions and process relative to NC
Division of Water Quality's General 401 Water Quality Certification Number 3280 which correspond to
the U.S. Army Corps of Engineers General Permit 198200030. We understand that you receive
numerous requests from lakefront property owners inquiring about the permit requirements for activities
they propose to conduct on the waterfront. After you have determined the property owner needs to
obtain a permit for dredging or shoreline stabilization from you, we understand they are then instructed
to obtain the necessary 404/401 Permits. These property owners should pursue the following sequence
of events to determine their 404/401 permit needs. We have coordinated this letter with the U.S. Army
Corps of Engineers so that it relates equally to both permitting programs.
1. The U.S. Army Corps of Engineers is the lead agency and accordingly determines 404 requirements
for all projects. Applicants should first contact the appropriate Corps field office representative for
their county. To identify which counties are handled by a particular Corps regulatory field office or
to find the appropriate individual in the regulatory staff, the public can access the Wilmington
District Regulatory Homepage at www saw usace.army.mil/wetlands/reprtour.litm or read from the
list on Appendix A. The Corps staff will determine if a 404 Permit is required, and if so, which
particular one. It is important that the applicant learn specifically which Nationwide or Regional
General Permit applies to their work. For lake and reservoir activities, General Permit 198200030
(also called General Permit 30 or GP 30), is often the appropriate permit. The matching General
Certification for GP 30 is the subject of this correspondence.
2. Application for GP 30 involves submittal of detailed plans, location maps, and other supplemental
information explaining the nature and scope of the work to the Corps. If the work is determined to
comply with all conditions of GP 30, the Corps will then issue a"tear sheet" to the applicant, either
on-site or by mail, that qualifies as the Corps' written confirmation that the proposed work complies
with this regional general permit. It is important for applicants to note that GP 30 always requires
written concurrence from the Corps.
Non-Discharge Branch 1621 Mail Service Center
Telephone [phone]
An Equal Opportunity Aftumative Action Employer
Raleigh. North Carolina 27699-1621
FAX tt 733-9959
50% recycled/ 10% post consumer paper
3. If the Corps tells an applicant that no 404 is required for their project, then no 401 Certification is
required. However, applicants should note that projects located within the Neuse River, Tar-Pamlico
River, or Randleman Reservoir Basins may require approval of Buffer Rules for projects within
these watersheds. In such cases, the applicant should call the appropriate DWQ Regional Office
staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit
to review the site conditions and discuss the buffer approval or variance process.
4. If the Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the case of
GP 30, DWQ has a matching General Certification (GC 3280), which is attached. The first thing the
applicant should do is carefully read GC 3280 to determine whether written concurrence is required.
Written DWQ concurrence is required if the activity involves any fill, dredging or excavation of
waters or wetlands. This includes any waterward extension of the shoreline, excavation of boat
basins (even during lake draw-down periods), bank stabilization practices that involve any new fill in
waters (including any amount of new rip .rap placement), boat ramps involving placement of fill in
waters, and new dredging. Activities which do not require written concurrence for GC 3280 include
seawall repairs that do not require any new fill in waters, and the placement of pilings for docks,
piers and boathouses. It is vital that the applicant understands the difference between "No 401
Required" versus "No Written Concurrence for the 401 Required." No 401 is required only if no
404 is required. If a404 is required, a401 is always required. If the scope of work falls below the
thresholds for written concurrence on the 401, the conditions of GC 3280 still apply, and the
applicant does not have to submit a formal request for approval from DWQ for their specific project.
However, the applicant is still required to follow all of the conditions of GC 3280, which you can
copy for them or they can download from our web site. A speed limit sign is a useful analogy to
explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to
obtain a letter from a police officer saying he has permission-to drive down the road.
5. If a project does require written concurrence for GC 3280, then the applicant must provide a written
application to the Division of Water Quality. We have prepared a special link entitled "A Lake
Dweller's Guide to the 401 Water Qualify Certification Process" on the 401/Wetlands Unit web site
at littp:/Ai2o.enr.state.ne.us/newellatids . This site contains information to guide the applicant
through this process, including links to the Pre-Construction Notification (PCN) application form.
Copies of the appropriate web pages are attached herein for you to provide to applicants without
internet access. If the applicant has already filled out a PCN form for the Corps, they can simply
copy this PCN form for DWQ. In brief, the applicant is required to provide seven copies of the PCN
form, an application fee made out to the Division of w9gr-PTAity ($200 if total impacts fall below
1 acre of waters/wetlands and 150 linear feet of strea $475 i above these thresholds), and good
quality vicinity and local maps depicting the impact. on we require seven copies is that we
act as a state clearinghouse, and provide copies to five other agencies, which saves the applicant
from this requirement. Provided that the applicant has included all of the required infonnation,
applications such as these are quickly issued by DWQ. The GC 3280 applications that are placed on
hold are usually deficient in maps. Applicants can save themselves time by preparing good maps
with scales and north arrows. The vicinity map must clearly depict their property within the county
or city. The site map must clearly show their property boundaries, and the location, nature and
extent of the impacts. USGS topo maps are typically the most useful type of site map for individual
property owners to use as a base for their site map. Impacts must be quantified on the map and in the
form as an area (i.e. 0.5 acres, not just shoreline length). If an applicant needs help filling out the
application form, they should contact the appropriate DWQ Regional Office Staff, or Cyndi Karoly
at [phone] in the DWQ Central Office.
Thank you for your attention. If you have any questions, please telephone John Dorney at 919-733-
9646 or Cyndi Karoly at [phone]. .
Sincerely,
John Dorney
Include the Appropriate Fee.
Beginning January 1, 1999, the North Carolina General Assembly adopted fees for the 401
Water Quality Certification Program. Please read the fee memorandum discussing this legislation prior
to writing your check. In brief, a fee of $200 is required if the project impacts are less than one acre
wetland fill and less than 150 feet perennial stream impact. If wetland or water impacts equal or exceed
one acre, or if stream impacts equal or exceed 150 feet of stream impact, then a fee of $475 is
required. Checks are to be made payable to the NC Division of Water Quality. Any application received
without the necessary fee payment will be returned to the applicant-
What to expect following submittal of your application
You may choose to read the full text of the 401 Wetland Rules governing review of 401 Water
Quality Certifications. In summary, once your complete application is received by the DWQ Central
Office, then we have 60 days to prepare a response (a Certification, an On-Hold letter, or other request
for additional information). Please note that if your application is determined to be incomplete by DWQ,
then the 60-day dock has not begun ticking. For example, if you did not attach a check, provide a map,
or if your PCN form does not provide sufficient information, we will inform you in writing that we cannot
begin processing your application until we receive the required material. Many applications are
forwarded to the appropriate DWQ Regional Office for site-specific review. Once a staff report is
submitted, we will either issue the 401 Certification or request more information from you, based upon
the recommendations of Regional Office staff.
How to Track the Status of Your Application
DWQ plans to have portions of the project database available for public access later in 1999. In
the meantime, inquiries about specific projects can be directed to Cyndi Bell at [phone]. Please
allow one month for your application to be mailed and initially reviewed prior to making calls. We also
ask that you remember the 60-day clock when budgeting time for project construction. Due to the high
number of applications received and staff-time limitations, we cannot prioritize projects based on your
construction schedule. All applications will be reviewed in the order received.
The Wetlands/401 Water Quality Certification Unit of the Division of Water Quality - North Carolina
Department of Environment and Natural Resources. For more information please call [phone] or
write NC DENR/Division of Water Quality, Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699-
1621. For information or comments on this Web Site please email Todd St. John -
"[e-mail]"
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 Q
-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: _, Ro 6 e,v ?f-_ 2. MAILING ADDRESS: _ 9, 71 d f-a. A o,n )d.

SUBDIVISION NAME -
CITY: -STATE: _ ZIP CODE: ,?Gi?' ?e r !?. L?.. a?Od3?
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
/a/1?(°i
? m?
3. TELEPHONE NUMBER: (HO ) _ ORK) - ?Fdl - Z4 f ,3
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: /_j/,
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: NEAREST TOWN:
J _ /
_ i MGv /nq ? ?'hrca /,-vk v
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) _
6. IMPACTED OR NEAREST STREAM/RIVER: - RIVER BASIN: _ I -a' i2
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTY6DING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES E] NO ['IF YES, EXPLAIN: _
J-
DIVISION OF YES Q NO [ O TAL
NORTH (b) IS THE PROJECT LOCATED WITHIN A MANAGEMENNT AREA OF ENV RONMEN AL CONCERN CAROLINA
(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? _
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES E] 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 Q 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].
t8. 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? -
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _
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 COASTAL MANAGE ENT STATING THE PROPOSED
ACTIVITY IS CON ENT WITH THE NORT AROLINA COAST/AL MANAGEMENT
PROGRAM, ??'?`
OWNER'S/AGENTS SIGNATURE DATE
(AGENTS SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
S. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJ_ECTY YES ? NO ? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
(b) ARE ADDITI NAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO 011F YES, DESCRIBE ANTICIPATED WORK: -
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: • dZ ?;?y?
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
to. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: _ EXCAVATION:
FLOODING: - OTHER : _
DRAINAGE : TOTAL ACRES TO BE IMPACTED: _
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATIONN:/
LENGTH BEFORE: _ FT AFTER: _ FT
WIDTH BEFORE (based on normal high water contours): - FT
AVERAGE DEPTH BEFORE: _ FT AFTER _ 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 DAM/FLOODING: _
OTHER:
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? _ / yo
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I I DRAWINGS ONLY)
7714
13. PURPOSE OF PROPOSED WORK: ??? ??? ??o?c?i.?? 011,C -7o P fos
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
y/-1
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: _ /J0
(C. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
n14
(SIiPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED _.
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Environment and Natural Resources. For more intormation please cau ly zi) too- < < ou vt W m- uo? &j•t vwx-t-
of Water Quality, Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621.