20011608 Ver 1_COMPLETE FILE_20011105

O?O? WAT ?9pG
_1
Wo 'c
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
November 9, 2001
DWQ # 01-1608
Gaston County
Tony F. Chaney, Sr.
125 Midwood Lane
Belmont, NC 28012
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A
NCAC 2B.0243)
Dear Mr. Chaney:
You have our approval, in accordance with the attached conditions, to impact 144 square feet of Lake Wylie and 350 square feet of
riparian buffer for the purpose of stabilizing a shoreline on Lot 11, Misty Water subdivision in Gaston County as described in your
application received November 5, 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 htto://h2o.enr.state.nc.us/ncwetlands. 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.
1. The access path must be no greater than 7 feet wide and must run perpendicular through the buffer.
2. No trees greater than 6 inches diameter at the stump can be removed within zone I except for exempt trees, as specified
in the Catawba River Buffer Protection Rules (15A NCAC 26.243).
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.
Sin rely,
Rct oe, Ph.DDirector
Attachment
cc: US Army Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
N. C. Division of Water Quality 1650 Mal Service Center
Raleigh, NC 27699-1650 [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
01-1608
Customer Service
1 800 623-7748

_ r

Office Use Only:
USACE Action ID No.
DWQ No.
01 1 6 0 8Form Version April 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Geae.m 1
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N I A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:, ? N
II. Applicant Information
J . Owner/Applicant Information
Name: :-!!(1-F C; to n N E y 5 R ..
Mailing Address: 112-S. H WDwooD t-.Akre
Telephone Number: r s 2..od- Q?AIFax Number: Cis • X04 - S83 - 9 4 39
E-mail Address: TCNAt, E DWERmt stT
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: T Cha,12" S r
Company Affiliation:_.
Mailing Address: A,,,DL->od Lane-
(--IC- (--lC -.go 12,
?i-bme
Telephone Numbe r: 8 3- 3t-Ud ax Fax Number: 1704-5-T-3-943
5 ,7? 3
E-mail Address: g??te;r-P n t . t 0 rn

PAYMENT
Page 3 of 12 RECEIVED

M. 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: Lo-? a I 1 1 s-?-u Lk )a le c s- L a k e (.A-) u 1 t f'-
2. T.I.P. Project Number (NCDOT Only): t?l A
3. Property Identification Number (Tax PIN):
4. Location
County: (?a5? 00 Nearest Town: bckrnoof? C.
Subdivision name (include phase/lot number): s CL4 e r L # I
Directions to site (include road numbers, landmarks, etc.: fi'?Drn T AS TAKE H W y 243
1)C1T SOL7T 55TH Qn NWY 2-43 FAS' THEE 6ANDMA¢1<S- SOCAV_POinT
Mn; tis y vJ TEcU -IA%CE 1ST Ri6hT. L.OT 11 1S Y'S MILE on RlehT.
5. Site coordinates, if available (UTM or Lat/Long): LA 3 5 Z 3(a 1 L o S 1.0 301:1
.(Note - If project -is linear, such as a road or utility line,, attach a sheet t t separa ely lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
LA_)acA4Q L C>r-L
7. Property size (acres): e G
8. Nearest body of water (stream/river(//sound/ocean/lake): l._a Ke. l.U I
9. River Basin: 0 1-MA?? k Qe-f
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: ,q k ae-? Ina st0.U 1 t Z? ? 1,0 n
? t p ?Ap s ea.cyall
11. List the type of equipment to be used to construct the project: ?f aC e, S K i'a
i Qa. -e? -
12. Describe the land use in the vicinity of this project: T-arltl_ S t c??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
application: W ? A
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, till,
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
(FMM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httnl/wwAv.femaeov.
*** 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 property: N ?'h
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
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?
lease s eci )

* 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, ditching/straightening, 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
www_us s.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
,,k,%vw.mapguest_com, eta).
Cumulative impacts (linear distance in feet) to all streams on site: 1J
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
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

* List each impact separately and identify temporary impacts. Impacts include„ but are not limited to: till, excavation, dredging,
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/embankment, excavation, installation of
draw-down valve or spillway, etc.): t_X
Proposed use or purpose of pond (e.g.- livegnck watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):_ ?J i A
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
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
techniques to be followed during construction to reduce impacts.
P, o+o n F AR EA A-rMc-AAED t P R AP tRocX TO be. 12 Imc ED o n b An K
AT WoaT ur-,E TD STOP bc4ny, LRC6tpo . R, Rao w,?be- broLJntit
In 1=aDM ROAp No T26m A2£ EXRC999D 7M be. f?annn.r? oar- d"A " 'PA
Page 7 of 12
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/newetlands/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 sep to sheet if more space is needed.
N 0,-,
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 httn://h2o.enr.state.nc.us/wro/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): V3\ A
Amount of buffer mitigation requested (square feet): O\A
Amount of Riparian wetland mitigation requested (acres): l JA
Amount of Non-riparian wetland mitigation requested (acres): kl? A
Amount of Coastal wetland mitigation requested (acres): I) l A
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 (?C
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 final 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 (Rarkdleman Rules and
Water Supply Buffer Requirements), or other (please identify Q Ako,.t.0k]a e ? y e- r )?
Yes 9 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* Impact
(square feet Multiplier Required
Miti on
1 x7 = 21 D 3 ...---- r
2 X 1 q0 1.5
Total 3601
* Zone 1 extends out 30 feet perpendicular trom near bank of cnannei; Lone 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
te,.t:?ea -:+U:„ 1 C A RTr A 0 In MAI nv MAO
XI.
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
dowlstream from the property.
XIL 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.
-N A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes El No 1%
Is this an after-the-fact permit application?
Yes ? No N]
Page 10 of 12
Stormwater (DWQ Only)

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NJ A
10-28-ot
Applicant/Agent' Signature
(Agent's signs e i valid only if an
Date
letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
:arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
b1RTER WALITY PLHNNING Fax:[phone] May 15 '01 10:05 P.02/04
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE TOR CORPS OF
ENGINEERS REGIONAL PERIviIT NUMBER 193200030 (TVA. OR FERC
REGULATED PUBLIC LTTILTi`IES) AND REGIONAL :PERMIT 198200079 (COE
LAKE AND RESERVOIR MAINTENANCE, REPAIR AND CONSTRUCTION
ACTIVITIES) AND NEUSE/TAR-PAMLICO/RANDLI:MAN BUFFER RULES.
This General Certification is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Division of Water Quality Regulations in 15,E NCAC 2H, Section .0500
and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas
as described in the Wilmington District's Regional (General) Permit Number 198200030
and Regional Permit Number 198200079 and for the Neuse, Tar-Pamlico and Randleman
Buffer Rules (15A NCAC 213 .0233-0259 and.0250). This Certification replaces Water
Quality Certification (WQC) Number 2674 issued on January 21, 1992 and Watcr
Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded
when the Coils of Engineers re-authorizes these Regional General Permits or when
deemed appropriate by the Director of the DWQ.
The State of North Qarolina certifies that the specified category of activity will
not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certifiication:
Activities which reequire approval under either of these General Permits but
do not result in fill, dredging or excavation of waters or wetlands (such as
docks, piers or boathouses) do not require written concurrence from the
Division of Waters Quality as long as they comply with all other conditions of
this General Certification. However, Condition No. 5 is applicable to all
streams in basins with riparian area protection rules.
2. In accordance with North Carolina General Statute Section 143-215.31)(e'),
any request for written concurrence for a 401 Water Quality Certification
must include thq appropriate fec. Tf a project also requires a CAMA Peiznit,
one payment to both agencies shall be submitted and will be the higher of the
two fees. The fee shall be collected and distributed between the two agencies
in accordance with agreements reached between the Division of Water
Quality and the'Division of Coastal Management;
3. Activities which result in fill, dredging or excavation of waters or wetlands
under this General Ccnilicatiun ioquitc Written cortcurrcncc Prom the Division
of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
WATER QUALITY PLRVING Fax-919-715-5537 May 15 '01 10`00, P. 03/04
5. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins
requires written concurrence from DWQ in accordance with 15A NCAC
2B.0233 and 15A NCAC.2B.0259. New development activities located in
the protected 50-foot wide riparian areas (whether jurisdictional wetlands or
not) within the 1?euse and Tar-Pamlico River Basins shall be limited to "uses"
identified within and constructed in accordance with I5A NCAC 2B .0233
and 15A NCAC 21B .0259. All new development shall be located, designed,
constructed, and. maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best
management practices;
6. That appropriate sediment and erosion control practices which equal or exceed
those outlined ill the most recent version of the "North Carolina Sediment and
Erosion Control (Planning and Design 'Manual" or the "North Carolina Surface
Vning Manual" whichever is more appropriate (available from the Division
of Land Resources (DLR) in the DENR Regional or Central Offices) shall be
in full compliance with all specifications governing the propel- design,
installation and iiperadon and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water
quality standard;
7. Rip-rap shall be (installed adjacent to bulkheads in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at
least three feet above any wetlands, and floating structures shall not rest
periodically on the bottom;
8. All sediment an? erosion control measures placed in wetlands oi• waters shall
be removed and (the natural grade restored after the Division of Land
Resources has released the project;
9. If an environmental document is required, this Certification is not valid until a
Findine of No Signficant Impact (FONST) or Record of Decision (ROD) is
issued by the State Clearinghouse. All „rater quality-related conditions of the
FONSI or ROD Shall become.conditions of this Certification;
10. Piers and boat houses shall be constructed to provide for storage and removal
of scwage rather, than allowing raw waste or other sewage to be disposed
directly into surface waters;
11. Additional site-specific conditions may be added to projects proposed "vith
fill under this Certification in order to ensure corpliance with all applicable
Mlatcr ciuality aua effluent standards;
WATER QUALITY PL14VING Fax:[phone] May 15 '01 10:06 P.04104
12. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Regional PelTnit
198200030 or 198200079, whichever is sooner,
13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance ,,vith or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project and may result in
criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require
submission of a formal application for individual certification for any project in this
category of activity, if it is determined that the project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existing uses of the
Nvetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications
prior to a Certification decision if deemed in the public's best interest by the Director of
the North Carolina Division of Water Quality.
Effective date: I June 2000
DIVISION 01: WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3250
3
ry
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]"
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUB POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name: t O n?A. ?. C. h A NJEy , S R.
. J ?I.iD S'CRE.Er ? Yom")
Street Address (at lake): L45'r&?.l1 5N©RSWCa0 PC-ACTS
Lake Name: 1 /ll V L 1 E _
Subdivision Name: M ;STY W AJ F-R S
Property Section:
Lot # t
City: ?e? More' County: (Z-n A STo tit
State: 1.1 • C • Zip: 7 $ © 12-
Telephone: $O-:? F,31 -OZZ 8 iAp M C
305 .
4o4- Sg3 - 9IV33 130S-
Type
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
• Excavati n
d Stabilization
Conveyance
Miscellaneous Uses
Directions (from major road or highway):
F R oNt D? k E Pb?J ER's Pt_.Ea eJT A L.e_.?nl GC) So c?T't-1 Or? S o Q"4
Pp1nT DAP C ?'}Wly 2 3) +0 \_oweR ArtHSi7tor? TZd. R19 t1+ o+n-A-o
LowiM A+Zms-rra0y»5 Rd. tV-?tN`l Z' 3?. AC IMAT?E4 1/2 ?-??`-AaD
LefT to ? O HlsV? WATERS. GO A,prOX(Mp.-ci.?y • 1S ra lt.'.
ivrz,n R.??•t o??io 51,flre.wood? Pt.A (1Ft+zsr Ri9h+'t?1si?Mis
W6?Tms) . CAT Lt t s A p roxIM an.Gy Y$ H.Lt o? R`J
Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc):
MID ?rWC-T U tG on pro fe4 Lo T --. l I is H A QAe-ED A N P. `TI-,1 ere- is A sMAL-L- Slain 4 L+ s4Vs'-Che c14awl FriMtw .
*Note: Please use the back of this form if desired to draw us a map to the site.
GPAUI.AKEMGMT/LMPPM/D[RECTIONS.DOC Effective Date: 11/15198

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View from waterside - Rip Rap rock
to be placed on bank.
The Chaney Property
Misty Waters
Lot # 1 1

.I`
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
P O BOX 1006
CHARLOTTE, NC 28201-1006
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. Name ( O N u C ?1 F_ StR
B. Mailing Address 125 M iDwJood LAN E
a4rv? ov i , n.-C. 2E301'2_
C. Telephone: 4Dq- SS3-9`} 33 (WOrZk
IL Location of Proposed Project
A.
B.
D.
E.
F.
G
DUKE POWER LAKE MANAGEMENT, EC12-Q
Lake
Street Address I OT li- t t ?lnoRE\nroc%A PL-AC..E (too SMCCT ADPQFr+S
CountyC A STDt.J
City, town, community or landmark SOUT14 t%i w r A? R E A
Section Lot # - I I- Subdivision M 1 STY WATERS
Directions to property by road 7:"Qo m DJkE lkowez Pu4rn All E&I-Scxj-n A -To
fr%Wr-C APt4<1Qivf? Rd. Rtoln nn?oloVUEi2AWuS'tnotirs-ti4-tltEa-LEFT
I, T .
Latitude and longitude for the project site _j AT, 3 S. 23G 1 LpN '- S 1. 039 3
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)
IIL Description of Project
F-?
A. Length of wall
B. Material R 1 F RAP R oG K
C. Distance from property line/shoreline QW 5HOREL%NE
IV. Intended Use of Project Area
A. Private PR + JATE
B. Commercial A.
V. Applicant Signature Date I fl- 20 -O I
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
Yom)
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION.- JOHNDORNEY
PARKVIEW BLDG., 2321 CRAB TREE BLVD.
RALEIGH, NC 27604
919-733-1786
09/20/01ssb
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