20011656 Ver 1_COMPLETE FILE_20011113

F_ W A -1 Michael F. Easley, Governor
\Oc?O, ?pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7 Gregory J. Thorpe, Ph.D.
c/) (D
> _i Acting Director .,G.L Division of Water Quality
November 29, 2001
DWQ # 01-1656
Lincoln County
Willis A. Spivey
Spivey Construction Co., Inc.
PO F3ox 644
Denver, NC 28037
APPROVAL of 401 Water Quality Certification with Additional Conditions and Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 2B .0243)
Dear Mr. Spivey:
You have our approval, in accordance with the attached conditions, to impact .004 ac of Lake Norman and the associated riparian
buffer for the purpose of stabilizing a shoreline cn Lot 76 Sailview subdivision in Lincoln County as described in your application received
November 13, 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 htti:Hh2o.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 perms 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 F.-,j design that you described in your application. If you change your project, you must
notify us in writing and you may be required to s= rl us a nev; application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification anrj approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed cre acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(It). For this approval to he valid. you roust fo!io;, t!-,e conditions listed in the attached certification and those listed below.
No trees creator than or e ,uF: to 6 ;-ches diameter at the stump can be removed from zone 1 other than those within the
access corridor.
If you do not accept any of the con;;iiic; s of :-z certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask fcr a n wring, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative F =sings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for E hearing.
This letter completes the revie.v of the Dirs?; of Water Quality under Section 401 of the Clean Water Act. If you have any -
questions, please telephone Pete Colwell in the C .'JQ Mooresville Regional Office at 704-663-6040 or Todd St. John in Raleigh at 919-
733-1786.
Sincere ly,
Gregory J. Tho e, Pht
Acting Director
Attachment
cc: US Arrny Corps of Engineers f^sheiilfn- R??.,.'atory Field Office
Mooresville DWO Regional Office
Central Files
File Copy 01-1656
INCULN'R
J. (; Uivr,ir,n of Water O-.=';y P zleig1), NC 27E'i9-1h50 [phone] Customer Service
1 800 623-7748
DUKE POWER LAKE MANAGEM r, EC12-Q ®1 16 5 6
P O BOX 1406
CHARIA'1'•, NC 28201-1006
704,382-1567 or TOLL FREE 14M-443-5193 NORM CAROLINA
APPLJCAIMON FOR PERMIT TO STABILTLE TEIE SHORELINE N
If infonaation is not applicable„ so indicate by phdng I in
Please type or print and 611 in all blanlrs• ON AND APPROPRIATE DUKE POWER F MG FEE,
ABOVE ADDRESS.
PAYABLE blank. TO PLEASE DUKE IVQT POWER.
L A,ppliesat Information
A Inc.
Name S ive Construction Co.
B. Mailing Address PO Box 644
Dn
Z_7?1
one: 704-48
C. Teleph
EL Location of Proposed Project
A. Lake Norman
B. Street Address
C county. Lincol-n Denver
D. City, town, Community or landmark
Lot b ?____ Subdivision Sa i 7 y i ew
E. Section ---? Hw 16 to Webbs Rd. cross
F. Directions to grope' y by road
Burton Ln. Si err
G- Latitude and longitude for the Proied site _ i5-0 1 QS quad map, city
Please submit a map showing the coordinates or a detailed map (US q
the exact location of the project site, (NOTE: Latitude/ longitude
trap, dc.) showing
coordinates can be found on intend site, www.nrapblastconr}
UL Description of Project >
A Length of wall
B. Material 1'ine/shorelinc 0 i n
C. Distance from property
iV. Intended Use of Project Area
A. Private ?/
B. Commercial
• `_ Date 10 ^ 1 ? - D l
V. Applicant Sigaatum
PLEASE NOTE THE FOLLOWING: LOCATION OF WITHA ROAD MAP A COPY OF THE COMPLETED APPLICATION
ARMY CORPS OF ENGXNEERS: 151
THE PROPERTY MUST BE SUBMrMD TO: US
PATTONAVE. -ROOM 208, ASHEVILLE, NC 288015006
A COPY OF THE "DUKE POWER COPIES OF TPHE COMPLETED "NC DIT? ON O LINE
IN NORTH CAROLINA" AND SEVEN EN ( (7) ?
WATER QUALITY PRE-CONSTRUCTION NOTIFICA APPLICATION FEE TO: E
SUBMITTED W ITI{ THE NC DIVISION 0,F ATER QUALITY
ATTEIVTION: JOHN DORNEY
1621 MAIL SERVICE CENTER + ! r``
RALEIGH, NC 27699-1621
919-733-1786 ?}
OMM use ONly:
[TRACE Action TD No-
NM
?---- Fam Venim ooloba X l
011656
to tt+is proTect, p1 cow"Not Ate" Of "N/A" ;stiff tben
If arty particular D10`t
kavmg *c I.

1. Chock all of the approval(s) requested fur *b p'o*'
p Section 404 I'ermd
0 Section 14 Permit
® 401 Water Qus&Y Cadficgfio'm
[1 Rvw= or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Nw *cSf s) Ra4Wstc& 1 c r rn 3 c;
3. If this is 30a courtesy Copy becaa w tm VFvvM' for the 401 C &ca ion
? ? ?Y
is not required, check here: ?
4. If Vayniml into the North Carolina Wedends Resbnration Pmgmm- (NCWRP)'s Pf'opo? for
mitipWa of impacts (see section VIII - M?O°), chock bete:
II. Applicant Informatics
1. ? /A :. • T A ?c -n ? •
Mai'ligS Address: ?? ?' • , ? c
Telephone Number: 2 'i `/ y 3 7 s ? 3 Fax Nmn* cr:
E-m d Ate:
2. Agent Inforamtinn (A sgncd and dated co'p'y of the Agent Authorization letter must be
attached if the Agent has sMetory nut wky for the owrrs/qplicant.)
Name:
Company Affhdore
Mailing Address:
Tekownc Number: Fax Number: -
E-awi Address:
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 slowing property
boundaries and development plans m 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 su t ces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and MRCS 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 adrninistrativ+e and distribution purposes, the
USACE requires information to be submitted on streets no larger than 11 by 17 inch format;
bowever, DWQ may accept paperwork of any size. DWQ p hers full-swee Construction
drawings rather than a sequential sheet version of the full-size plans. If f &size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed tua
the project has been placed on hold until decipherable maps we provided.
1. Name of project: Q KL l a ?h v P 11 np ?a h? l 1 fl
2. T.I.P. Project Number or State Project Number (NCDOT Only): /
3. Property Identification Number (Tax PIN): /?
4. Location
County: ; n 02 I n Nearest Town:_ J' - n V r ?-
Subdrv>sion nerve (include phase/lot number):. S? l 1 / 1 N Ltl L Ll f 7 [?
Directions to site (include road numbers, landmarks, etc.):_ 0 m _?r•n'?P r
??r ??lPhh S Id Z-0 ? ? - ??uSS
5. Site coordinates, if available (UTM or Lat/Long): 8) 35-0 3 % ik Z 4J oWS7. LIS-- --
(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.) li o`{ map
ihrlose C
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): CA e-
8. Nearest body of water (stream/river/sound/ocean/lake): ?l? ?)vYmG'M
9. River Basin: Pa l ud h
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at ft•/Wo enr state nc us/adn n/?mavsJ.)
Poor. 6 of 12
be the 7Mse of the proposed work:-
10. Ile
S:Jtae /lzzi:o'
11. List the type of equipment to be used to construct the project: SM<i// Sri, 1 i a?
12. Describe the land use in the vicinity of this project: /4mz- Yi le c
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 usefW information Describe previously approved wetland, stream. and
buffer impacts, along with associated mitigation (where applicable). If this is a NC''DOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
conshuction schedules. N
V. Future Project Plans
Are any firture permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the eacplusion of this work from the current application
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, trust be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (irder nittent 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. Photos 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.
D..- 7 ..F 11
I. wetland hqmcb
A4tiand Impact
site Number Type of Imp"`
mode as map) --
•s
•00
PA
Area of L RMW within 4s N?Dis?noestra?aon Type of Weall ••
Imp" lOQ')'cocFti° dOm „mow e-A
dude, but are ro hmited to: ,1 1, '' n,
m
cue m both struoanc and $ooding
List each impact se1,and ident V teaPorary i911p1 exrmetian,'IM0 g. etc Far dwe?a, sepRwtdy list impwb
2A0-Yesr @aodplaine sus identified ft. ..h the Fedawl E?ma?" Mmee? •?s (M") Hood'""" RsoDe M
(FIRM). ar gL1viA, sppiwed l?oaalljoodplaia mope. mep wre aan'labb FRMA Seivioe Center at 14W3"16, or
"dint at ?y J/wsy a f hwwler/saltwa0et mwr5h, hmsted wetland, beaver pond,
Last a weawmd type tbet befit describes v odwd to be impedad. (.&,
cmelitm Bay, bog. eta.)
List the total acreage (wed) of existing wetlands as the PmPedy'
Total area of wedwd impact proposed=
2. Stream Impede, including aR inta ti*b W and pewKmiW strcmms AM
Impac* I,mg Avett?e Width #a-vmnial or
itraam fii
Bite Number I'Ym of Imptret` Inn Stream Name" of Stream
Reface Im lewsc
?dirate an map) (e w f IN 1)
Ldat each impact separately and identify temporary impacts. bnpaots include, but we not limited to: wlv?ata and aesOastGd etp tap,
is
dams (saparatdy list impects due to bath strv"re Old fbOdi"Ov t+elOCNI (Mdude linear feet bef ore and slier, and ad b eI is
su bUim m adlvit u (am mm wall, rip rwp, aft wall, pbiom, etc.), ezcavatian. dkdbuWlettd , eta If su+am? relocation
pvposI phm sod pwMea abowing the linear f ootpch t fw both the w itbMl wnd relOCatad streams muK ba inducted.
•? Straen MOM On be, %wA an USM topagulAic maps. if a suetm has no nwme, Iist as Ur (U=mod MbuWy) to the nem cd
downsi<OW named , F - g into which it BOM. UUSGS mwpa are avwilabie ftu* the t'WS at 14W358-961* or "dine at
ww'?*'_ •usa :tug. Seveaal inland sines also dlvw diced dm Mood and pnntwg of USGS mwps (e•&, www tODWAM ,
www mwoa, eds.).
Cumrlat w mVaM (hww drsta = m feet) to all streams on sft-
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. l?D V(/ Z_
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, etc.
- d D a r
GN

I7. ...:.ed t... M! vr.evatlon dredvmna_
' List each impact separately and identify temporary impacts. impacts ?ncaum, uuL ?? ??•?• --- --
flooding, drainage, bulkheads, etc.
4. Pond Creation N /A
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 ap lication.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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. n / n
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.
Page 9 of 12
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 mil. Factors
including size and type of proposed impact and ftimction and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and be=
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 since
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
htto err state nc us/ncwetlands/strmgi
1. Provide a brief description of the proposed mitigation Plan The description should provide
as much information as possible, including, but not liter to: site location (attach d red ions
and/or map, if o$site), 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. ''1 n
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 mto the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation regWrememrts. Applicants
will be notified early in the review process by the 40l/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 htto //h2o err state x.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):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
P*a innf 17
IX. Environmental Docamantatian (DWQ Only)
Does the project involve an expenditure of public finds or the use of public (federaUsta Mocal)
land? Yes ? No P
pursuant to the
If yes, does the project req? preparation of an environinental document Policy Act (NEPA/SEPA)?
requests of the National or North 1- E"ro d t is uired, can the SEPA
'PA Note: If you are not sure lds for environmental documentation.
coordinator at [phone] to review current thcesho
Yes ? No ?
review been &alized by the State Clear? If so, please attach a
If yes, has the document
copy of the NEPA or SEPA final approval letter-
Yes ? No ?
X. Proposed Impacts on Riparina and Watershed Buffers (DWQ Only)
It is the applicanR's (or ager>x's) responsibility to determine, delineate and map all impacts to
The apps must also provide
required state and local buffers associated with the project. must be listed herein,
justification for these Section YII above. All proposed imp?ts
and must be clearly site All buffers must be shown on a
ReP whether o s axe se t c buffers.
from the DWQ Regional may be inchided appsope. Photographs may also be ' laded at, the
c, ess ????
DNS s 6? l/?r? `/
app" 's /
discretion. ??Of° S P B11#ek
S One -S
rwarmn `lore ?,'n?. Sa
P? buffers identified AC 2B .0233
Will project impact Protected NCAC 2B .0250 gtandleman Rules and
(Nusc Tar-Parniico),
e V
Water Supply Buffer Requirements), or other (please identify information:
Yes ? No ? If you answered "ryes", provide the following square feet and acreage of impact to each bone of the riparian buffers. If buffer
Idnu g the calculate the required amount of n i Ration by applying the buffer
multipliers.
e fed
Zane* Impact 7,.5icr
1 2 Tatal
• Zone I extends out 30 feet pap Ic lar from near bank of dw Md; Zone 2 exunda an
additictud 20 fad &= the edge of Zone I .
De. I 1 of 11
of =Wgstion is proposed, (i.e., Donation
buffer mitigation is regn , please dkom whasti ripe-
/ Enhsnc meflt, Fin or
of Property, Cow Emem ent, R*Rim Bufkr RcstofStiOn Now attach aIl approP.e mdomatwn as
p low the Riparisu Bum' Restoration Fund). Ple
idecnbi W within 15A NCAC 213.0242 or 4260.
--------------
XI. Storwwiter (DWQ 0*)
Drescnbe irk
Discuss Alf controls
dower f+ozo the PTOPM'Y.
cooth Mistwg amt mod) versus total acrwge?o?n the site.
proposed in order to protect mvfi" waters v
XII. Se"Ve Disporal (DWQ 02110
Clearly detail the uithmte t methods and disposition (non-dischst'ge or diseharge) of
wastewater generated from the proposed proj?or available capacity of the subject facilhy
XUL Violations (DWQ Only)
Is this site in vioUlim of DWQ wttlMd Rules (15ANCAC 2EI.0544) or any Buffer Rules?
Yes ? No ?
Is this an a8ra ft-feet per mt app on?
Yes ? No ?
XIV. Other Ciro eastances (Optiouos
It is the applicant's reVO y to submit the application su$eiently im of dammed
constiuchon dates to allow pro tow fir these pem*s Hommm, an appbes t my
choose to list constraints associated with cam or sequencing that may mVow }units on
work schedules (e.g., draw-down schedules for lakes, dates associated with F.ndmWerad and
Thr atened Species, accessibility problem or other issues outside of the applicatrt's coetvA).
/t7-A 1
Apphcant/Aee&s Sjgnkm Date
(A#eat's signsi= is valid only if an aaithorrretion letter from the applicam is provided.)
Page 12 of 12

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