20011675 Ver 1_COMPLETE FILE_20011115

?O? W A T
O G
C r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
lt? Gregory J. Thorpe, Ph.D.
Division of Water Quality
December 31, 2001
DWQ# 01-1675
Mecklenburg County
Edward L. Ristaino
21524 Delftmere Drive
Cornelius, NC, 28031
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules
Dear Mr. Ristaino:
You have our approval, in accordance with the attached conditions, to place fill in 0.04 acre of waters in order to
stabilize the shoreline on your property on Lake Norman in Mecklenburg County, as you described in your application
received by the Division of Water Quality on November 15, 2001. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3280, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Regional Permit Number 198200030 when the
Corps of Engineers issues it. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule
(15A NCAC 2B .0243). 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 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.
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 iettEr. 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 Pete Colwell in DWQ's Mooresville Regional Office or Cyndi Karoly at 919-733-9721 at
704-663-1699.
Att h t
Sincerely, _
Gregory J. Thorpe, Ph.D.
ac men _,
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
011675
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)
nin moo i?oo h."-_% n4 r% -rno co- is-.% .w.,. n,.. n,.....---.,,. .... i.......,.i.,..a..i
MEMORANDUM
TO: John Dorney Regional Contact: Pete Colwell
Non-Discharge Branch WQ Supervisor: _ Bex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edward Ristaino County Mecklenburg
Project Number 01 1675 County2
Recvd From APP Region Mooresville
Received Date 11/15/01 Recvd By Region
Project Type shoreline stabilization
Certificates
Permit Wetland Wetland
Type Type Impact
GP 30 Waters F0YO N
CBI- jo`Y
F___roY
Mitigation
MitigationType
N
Stream Stream Impacts (ft.)
Wetland Stream Class Acres Feet
Score Index Prim. Supp. Basin Req. Req.

I 1-(74) WSIV B CA 30,832. F-

Wetland
Type Acres Feet
t
Is Wetland Rating Sheet Attached? O YO N Did you request more Info? O Y *N
Have Project Changes/Conditions Been Discussed With Applicant? OQ Y O N
Is Mitigation required? O Y O N Recommendation: Q Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
The project is located in an established lakeside subdivision along a cove of Lake Norman_ No
"natural" buffer exists around the cove. Most homes have established lawns down to the water.
The applicant imposes to construct a low concrete and rock bulkhead along the existing crass
shoreline and rebuild his existing boat dock. The 110 foot long stall would be 5 to 20 feet below the
existing 760 elevation which extends up into the yard.
cc: Regional Office
Central Office Page Number 1
North Carolina Wildlife Resources Commission
Clt;trlcs R. "U IIWOOd, I?,XCCUtIVe Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality - 1
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator
I labitat Conservation Program
DATE: November 28, 2001
SIJB.IF,CT: Review of a 401 Certification Application by Edward L. Ristaino, Lot 2,
Delftmere Subdivision, Mecklenburg County
The applicant is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality to stabilize 110 feet ol?shoreline on Lake Norman with masonry and
rock. The NCWRC has reviewed information provided by the applicant, and field biologists on
our staff are familiar with habitat values of the project area. These comments are provided in
accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Based on our review of the documents submitted, we have no objection to the project
since the site is shown to be located in an area identified as acceptable for this type of activity on
Duke Power Company's "Critical Habitat Inventory" maps. Concerning shoreline stabilization
using riprap or other hard structures, this office prefers the use of a more "natural" approach. A
combination of riprap used to two feet above normal pool elevation with banks sloped back and
vegetated with grass, willows or other acceptable woody vegetation. This creates a more
"natural" bank. A filter fabric should be used to prevent soil from eroding from behind the riprap
during high water and/or wave action. Riprap should be imbedded roughly 18 inches into the
substrate to prevent undercutting. We also recommend the establishment of native shoreline
vegetation for enhanced habitat and shoreline erosion control.
Please be advised that bake Norman shoreline activities must follow Duke Power
Guidelines and any other special conditions (including Catawba River buffer requirements)
specified by the NC Department of Environment and Natural Resources. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Electronic Copy:
Mailing Address:
Buz Cobb, Duke Power Company
Dl viSioil 01 Inland Fisheries • 1 72 1 M,iiI Sen irc ( ;enter • Kale Ig1l, NC 27699-172 t
Telephone: [phone] cxt. 281 • lax: [phone]

401 rcview
Subject: 401 review
Date: Tue, 04 Dec 2001 18:20:41 -0500
From: Megan Owen <[e-mail]>
Organization: NC DENR, DWQ
To: Cyndi Karoly <[e-mail]>
Cyndi:
I didn't send this email message to anyone else, so let me know if I
still need to continue sending these review messages to Todd & John D.
011675 (Edward Ristaino, Mecklenburg Co.) - Property in WS-IV. 0
Shoreline stabilization project and rebuilding of dock for single family
residential using masonry and rock. As far as the WSWP Rules as
concerned it is a water dependent activity and therefore allowed.
Disturbed vegetation will need to be replaced. Catawba Rules also apply
and here it's an allowable use but, no avoidance and minimization was
given or practical alternative. Concerned that the "masonry and rock"
will not allow for percolation.
011609 (James Mitchem, Gaston Co.) - Property in WS-IV. Shoreline ev
stabilization project for single family residential using riprap. As
far as the WSWP Rules as concerned it is a water dependent activity and
therefore allowed. Disturbed vegetation will need to be replaced.
Catawba Rules also apply, minimal avoidance and minimization given, but
no practical alternative. An allowed use.
011378 (Robert Wilson, Lincoln Co.) - Property in WS-IV. Shoreline
stabilization project for single family residential using riprap. As I SJ ??
far as the WSWP Rules as concerned it is a water dependent activity and
therefore allowed. Disturbed vegetation will need to be replaced. But
the Catawba Rules also apply, and no practical alternatives language
described in the packet I was given. An allowed use. There was a very
minimalistic summary of how the owner would try to keep the damage to a
minimum. I think he should go further, and I suggest making him replant
as many trees as he removes.
011670 (Panther Creek - Raleigh LP, Wake Co.) - What a monster of a
project!!! This project is in WS-IV-PA near Jordan Lake. Neuse Rules
don't apply. The Wake County will need to review project for BUA, VO
stormwater, buffer requirements. My guess is that it's a high density
project, which will require stormwater BMPs and 100' buffers. They're
looking to have another 5 stream/buffer crossings for access around the
site. 7 crossings were allowed under a previous permit. WSWP Rules do
not allow these crossings since it's a private project. Of course we
can't deny access to a site, but they already have 7 and I don't think
they need all 5 of the ones they're asking for now. Strict adherence to
the WSWP Rules would say deny the permit. But if we have to allow it,
the crossings must minimize BUA, divert runoff away from surface waters,
use BMPs, and show no practical alternative. There was no summary
included on how there was no practical alternative summary given for the
5 access crossings they're requesting now. Plus they don't want to pay
for mitigation for 4 of the 5 points since they already paid for them in
the previous permitting process. It's not our fault their permit ran
out before they built them. It's a new permit and I think they should
have to pay again - but WSWP Rules don't have anything to say about
that.
011691 (Town of Hillsborough, Orange Co.) - WSWP and Neuse Rules apply. `?
As far as WSWP Rules are concerned, it's a public project and therefore D
allowed to cross the buffer. Site 1 is not in WS anyway. Site 2 is in
WS-II-CA. At site 2, if the buffer is disturbed they need to replant.
1 of 2
DUKE POWER DIRE MONS BY ROAD FORV 1675
Lakc Use Permit Applicants and Con(ractors: 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:
DUICE POWER
C/O LAICE MANAGEMENT - EC 12 Q
PO BOX 1006
CIIARLOTTE, NC 28201-1006
1-800443-5193
Applicant's Name: 1 I?? ?? /S l'7 J /U O
Street Address (at lake):
h E

l- F

Y??
7-
Lake Name: M A Al
Subdivision Name: E M EA E
D$ 6o (,r. G 0887
Property Section: _-MA? f3.17 :G(,, Lot #
City: (-D 0;? 1U Ek 1 Lt 5 County: m L C I? L A .8,'QC,
State: /VC Zip: C)3
Telephone: 7C) 4 61 ! -?90?
Directions (from major road or highway):
L 77 A)0GZ 1 ?! ?X o?8CN
1- EfT CwesT) CATAu-) AA 1?\
>2 i G H To ?RRENcE clIAPE,4 lQk
R i G Its 11j 06-,01/I ?v Sh?OQE 5
6Z. GmI LElFT /`1602-E .4),1
Mw I t) "jq
Type of Permit Requested
"Circle":
rivate Facility R68 i l D
Commerc Met ity
Excavation
b:g cabilizatio
nveyance
Miscellaneous Uses
Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc):

'Note: P(casc use the back of this focm if desired to draw us a map to the site
OrA JL.AKt7*AW DM Effeedrs D@W t VON
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE 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.
I. Applicant Information
A. Name E?>WARI
B. Mailing Address o2 1 Jlaz 4- E k f T 11 Fat L•
O1RA.lCil?t5 4zc- X 031
C. Telephone: 70 -4- 1? 9a .S9a 9
IL Location of Proposed Project
A. Lake NO l? MA N
B. Street Address r,2 ! 'S,:2? 4 EL F7 ME A E
C. County MA c K L. E N R Lt F\ G
D. City, town, community or landmark G A) 6 I
E. Section Lot # v;- Subdivision £l FlIYFR F 73
F. Directions to property by road SF5,1iY • EXi l B8 A'E r-OCAnUeA AUA . (-U-)C_g6
RPGI;TC;J -Fodu -uce Cfl At*L PD1. RiGIfT?o VORMAM SNARES D1,
G. Latitude and longitude for the project site/ 4 • ?U/.?S ?c?/t.C U• 8 ?? 6%?
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 mapblaAcom)
HL Description of Project _
A. Length of wall 0 /
B. Material - O C
C. Distance from property line/shoreline -Xt3Ti• G -GE%,9ToA1 -4/BUG
IV. Intended Use of Project Area
Private
B. Commercial !?10
V. Applicant Signature =? U.r.? Date v2 S v?od
PLEASE NOTE THE FOLLOWING-
A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF
THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151
PATTONAVE. - ROOM 208, ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION. JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE 131. VD.
RALEIGH, NC 27604
919-7.33-1786
09/20/01ssb
Form 398578 (R9-85) SHORELINE MANAGEMENT PROGRAM Previously Form 06940
PERMIT APPLICATION FORM
Cl SC2
. No. fMEcK L.En/.l3u6tG
Lake N04 M A N
APPLICANT
Name:
Addres
Telephone:
Signature:
Circle the appropriate number below
I.D. No. Permit No. ?'OS
Grid Sect.
Utility Co. DG KE t?bw Edp, Ownership: 2 Lease
/2Gaui?D Ramp&
Marine Shoreline
Pier Railway Boathouse Stabilization Other
USE:
1. Individual
(?D
1
1
d
2. Common 2 2 2 2
STATUS:
1. Existing 1 1 1
2. Proposed 2 2 2 Q2
MATERIALS:
1. Concrete 4. Treated wood 1C-4: > 1 1 4 1 4
2. Masonry 5. Untreated wood 2 5 3 2 5 5
3. Metal 6. Other 3 6 6 3 6 oc
FLOTATION:
1. Plastic cylinders 1
2. Styrofoam 2 2
3. Other 3 3
TYPE OF FACILITY:
1. Permanent 1 1 1
2. Floating 2
3. Combination (1) 3
?
TL
Fig. 1 Fig. 2 Fig. 3 Fig. 4 Fig. 5 Fig. 6 (other)
Pier Dimensions: See Figure Above -? Pier surface area sq. ft.
Float surface area sq. ft.
Condition of Pier: ? Good ? Fair ? Poor
Permitted: ? Yes ? No Date: By:
Additional information:
COMMON USE PERMIT
If this application is for the common use of a facility, those parties using the facility appoint the individual listed in the
applicant section of this form as the agent applying for the permit. All parties using the facility must sign below.
Name Date Address
Street or Box
?d}Z/UEL,lLtS NG
My State ZIP
T 3?,
?C)N& 8o IF ?8(7,2
MapBlast!
«ysirN??g:/,164,lhttp:Uww,.N . mapblast.com/rnyb1a ... D3-Conilcius';62c+Nc+28031 &AD4-USAIi Zip-28031
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2 of 2 10/29/01 9:21 PM
t?
Office Use Only: Form Version Apri 1 2001
USACE Action ID No. DWQ No. 01 16 7 r?
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
M Section 404 Permit
Section 10 Permit
tg 401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: g 000-30
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: F--b1/V A R I I N D
Mailing Address: 'i 1_SoZ ZI- EL F T E -A
C0Ari6L i (It -S /1! C_ ;I $03 / -
Telephone Number: 7Q 4 89? -syv2 Fax Number:_
E
E-mail Address: (L 7A i n 1 D 2) AX - ?964276
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:
Company Affiliation
NA .1;«- AAAr,.cc-
1v1R111"6 t iu -'.
Telephone Number:
E-mail Address:_
Fax Number:
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: o2
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 00 4 3 A- c)
4. Location
County: M EC K k EN cA A G - Nearest Town: C O (S / U E ), I
Subdivision name (include phase/lot number) : hELF TM F K E
Directions to site (include road numbers, landmarks, etc.):
--r- 77ax;T aB 73tocsT' CC-Au AA Atl&, RUGH T ON To 11-089ENce LlAff-4 9
5. Site coordinates, if available (UTM or Lat/Long):.LA II 3 601a? 40AAG 80,5 7 6'9
(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.)
6. Describe the existing land use or condition of the site at the time of this application:
S/N G L. E 1: 5A 0ix Y blu E r, i N G. E>047- ? o c K --
7. Property size (acres): C? • ?? ??
8. Nearest body of water (stream/river/sound/ocean/lake): /9 K E /VOA lyli9iV
9. River Basin: C4Tfj W 80 R t U 1; & -
(Note - this must be one of North Carolina's seventeen designated mayor river basins. The
River Basin map is available at http://l12o.enr.state.ne.us/adni,n/mss/.)
Page 4 of 12
10. Describe the purpose of the proposed work: I,i, p ?0 c K
S ND dLE t+ ? N E S-A 1 ?. i Z A I 1 o M 11. List the type of equipment to be used to construct the project:
OALI No E - D BOOJ?s
12. Describe the land use in the vicinity of this project:
S/?IiG?E m 4.y 14 o u 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.
AYOAJ E
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: N
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***
Nb pi

A: fl.11
* List each impact separately and identify temporary impacts. impacts mc?uae, out arc nor umrreu ru: 111evitantccu C cat tttr;, &-..•.•?,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htto•//www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
NlP
List the total acreage (estimated) of existing wetlands on the property:
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?
leasespecify)

Q

n j -enrintM rip-ran_
k List each impact separately and identity temporary impacts. Impacrs IIRAUUG, t,ut ate tt.,, tttt•••K ??••?••? ?••? - ------ -
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.usgs.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.unwzone.coul,
\r'ww.mapjkucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
en Water Im act

Op p
Site Number
indicate on ma
NON

*
Type of Impact Area of

Impact

acres

(if Name of applicable) Waterbody Type of Waterbody

(lake, pond, estuary, sound,
ocean, etc.
bay,

I' ita+ t^- fill excavation. dred¢inz
• List each impact separately and identify temporary Impacts. Impacts include, but are not im
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
//0NF be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): El uplands ? stream E] 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 puuu,
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.
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.ne..us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://li2o.enr.statc.nc.us/wrpLindex.httii. 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):
/10 Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaVstate/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA 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 1ers
NCACe2BW0250 (Randleman RuesOand
(Meuse), 15A NCAC 2B .0259 (Tar -Pamlico),
Water Supply Buffer Requirements), or other (please identify- )?
Yes ? No X 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
Mitigation
1 3
2 1.5
Total
* Zone I extends out 3U feet perpenaicular lrom near oanK 01 UnUMIC11- L.V11G L 9UR1G11V5 all
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No W
Is this an after-the-fact per iii application?
Yes ? No
Page 10 of 12
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).

A 2

r
o

Date
Applicant/Agent's Signature tion
i
h letter from th e applicant i s provided.)
za
or
(Agent's signature is valid only if an aut
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
lk
P Union
Watauga
US Army Corps of Engineers Avery
Buncombe Clay
Cleveland Jackson
Lincoln o
Rowan Yancey
151 Patton Avenue Burke Gaston Macon Rutherford
Room 208
Asheville, NC 28801-5006 Cabarrus Graham Madison
well
D
M Stanley
Swain
Telephone: [phone] Caldwell
Catawba Haywood
Henderson o
c
Mecklenburg Transylvania
Fax: [phone]
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
Stokes Wilson
Yadkin
US Army Corps Of Engineers Alleghany Edgecombe
nklin
F Lee
Nash Surry
6508 Falls of the Neuse Road Ashe
Caswell ra
Forsyth Northampton Vance
Suite 120
NC 27615
Raleigh Chatham Granville Orange Wake
,
Telephone: [phone] Davidson Guilford
lif Person
h
Randol Warren
Wilkes
Fax: [phone] Davie ax
Ha p
Washington Regulatory Field Office Beaufort Currituck Jones
Lenoir Pitt
Tyrrell
US Army Corps Of Engineers Bertie
Camden Dare
Gates Martin Washington
Post Office Box 1000
NC 27889-1000
Washington Carteret* Green Pamlico Wayne
,
Telephone: [phone] Chowan
C Hertford
de
H Pasquotank
Perquimans
*Croatan National Forest Only
Fax: [phone] raven y
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett
k
H Pender
Richmond
Post Office Box 1890
NC 28402-1890
Wilmington Brunswick
Carteret e
o
Montgomery Robeson
,
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanove r Scotland
Page I I of 12
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
It and Wildlife Service / National M
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 Bettie 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
Kernersville, 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
Triage Check List
Y
Date:
ll?
To: ?RRO Steve Mitchell Project Name
?FRO Ken Averitte DWQ Project Number /)//675-
?WaRO Deborah Sawyer County
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
?MRO Pete Colwell
From: aw h `?rhnrssv Telephone (919) 733-
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wet and determination and distance to blue-line surface waters on USGW topo maps
inimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
Comments
DUKE POWER COMPANY
LAKE (a ARTHUR GAMBLE)
REF, MTN. ISLAND DWG. NO. 276
NORMAN U.M.1.732 ?AE5etiTAP9cX.
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/ LOT 3
HERMAN E. WMLLIS
3894-345
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• ORIGINAL
SUBDIVISION
BOUNDARY
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3'00'W-9.21'
LOT 2
EDWARD L. RISTAINO
DEL 6086 PG. 0887
MAP B. 17 PG. 635
DUKE POWER COMPANY, o?.
(MARY E. BOYLES)
REF. MTN. ISLAND DWG. NO. 491
U.M.I. 560(1)
2127-143
LOT 1
DONgg W..- WHITE
G. NO. 1576
REF. MTN. IStO.ABND3DW5
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LAND DEEDED TO
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MECKLENBURG COUNTY N. C.
ALE 1'-30' OCTOBER 27. 1992
BOOK NO. 2106 MTN ISLAND DWG.NO. 1970
'1RTM"
DUKE P01:fR COMPANY
P.O. BOX 1007
ARLOTTE N.C. 2a201-1007

I
13
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