20020742 Ver 1_COMPLETE FILE_20020513

0 North Carolina Wildlife Resources Commission 0
Charles R. Fullwood, Executive Director
r e
MEMORANDUM 2002
TO: John Dorney
Wetlands/401 Water Quality Certification Unit
"ivisiopn'of Wa r ?ality
FROM: Danielle R. Pender, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 30 July 2002
SUBJECT: Pre-Construction Notification Application for Albert E. Garrett, Lake Hyco,
Person County, North Carolina. DWQ ID: 020742.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the subject application, and we are familiar with the habitat values of the area. Our
comments are provided in accordance with provisions of the Clean Water Act of 1977 (as
amended), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-
667d), and North Carolina General Statutes (G.S. 113-131 et seq.).
The proposed project entails the excavation and removal of 4,800 cubic yards of sediment
from 0.1 acres of Lake Hyco and filling approximately 0.11 acres of wetlands. The purpose of
the proposed project is to improve waterway access to the applicant's boat dock and to construct
a 100-foot, 30-inch seawall.
We have no objections to the applicant removing sediment from Lake Hyco to improve
waterway access provided the following conditions are met.
1. Dredging will not occur between 15 March and 15 July. Reservoir fish species spawn
in spring, and young fish occupy near shore habitats in early summer. Prohibiting
dredging during this time period will minimize impacts to the reservoir fish
population.
2. All sediment removed is deposited upland on the applicant's property or is hauled off
property and disposed of at an approved facility.
We do not concur with the construction of a 100-foot, 30-inch seawall. The site is
located at the back of a cove and is relatively protected from wind and wave action. The
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
Page 2
30 July 2002
Garrett - Lake Hyco
DWQ ID: 020742
photographs enclosed with the permit application show a shoreline vegetated with grasses,
shrubs, and trees, and there does not appear to be significant erosion along the shoreline. Given
the location of the site and that vegetation is already established, we recommend that the
applicant use bioengineering techniques (planting native vegetation) to further stabilize the
shoreline and minimize erosion. Native vegetation protects water quality by filtering nutrients,
sediments, and other pollutants and improves fisheries habitat by providing shade and cover for
fish. Local landscape or engineering companies may be able to provide technical assistance in
using native vegetation for shoreline stabilization. If a local firm can not be found, KCI
Associates of North Carolina in Raleigh [[phone]] can provide technical assistance.
Thank you for the opportunity to provide input for this project. If we can be of further
assistance, please contact our office at (919) 528 -9886.
cc: Todd Tugwell, USACOE
John Crutchfield, CP&L
E-mail: Shari Bryant, District Fisheries Biologist, NCWRC
SB/drp
OW
EARLE GARRETT -[11
ATTORNEY AT LAW
520 PINEY FOREST ROAD
DANVILLE. VIRGINIA 24540
September 5,
Mr. John Dorney
N.C. Division of Water Quality
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL AND NATURAL RESOURCES
1617 Mail Service Center
Raleigh, NC 27699-1617
2002
AREA CODE 434
TELEPHONE [phone]
FAX [phone]
7,7
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YAP W1l,f^',7ti ( ?'Ol.fp '
RE: DWQ Project No. 02-0742
Person County
Dear Mr. Dorney:
2002.
i
This will acknowledge receipt of your letter of August 22,
It came by registered mail, but for some reason the receipt
was sent back to me instead of to you, so I enclose it herewith.
I do not intend to ask for an adjudicatory hearing. I do
think you would have changed your mind if anyone would have
inspected it on-site, but I am going to gamble on future erosion
and proceed on as authorized.
I do wish that your department could get some sort of bill
through the legislature to require farmers to, at least, take
minimal care with erosion control. From what I understand, a man
can put one animal on a farm and do anything he wants. This has
caused me damages of over $50,000.00. While I was raised in a
farming family, I do not think this is a fair way to treat the
rest of us.
Very truly yours,
Earle Garrett III
EG/lsf
Enclosure
F W A TF Michael F. Easley, Governor
?O?O 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
M
co
Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2002
Person County
DWQ Project No. 02-0742
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Earle Garrett III
520 Piney Forest Road
Danville, VA, 24540
Dear Mr. Garrett:
Reference is made to the 401 Water Quality Certification issued to you on July 29, 2002 to dredge and fill 0.22 acre of Hyco Lake in
Person County in order to construct a bulkhead at Lot A, Parcel A16, Lot #118. This Certification does not include the construction of a
dam and sediment pit in the stream on your property running into Hyco Lake. We understand that you included this sediment trap In your
original proposal (received by DWQ on May 13, 2002) but dropped it from your plans on May 21, 2002 when Mr. Todd Tugwell of the U.S.
Army Corps of Engineers informed your contractor (via e-mail correspondence) Mr. Randy Sissell that the sediment trap would be
discouraged unless absolutely necessary. Please note that we fully support the Corps' stance on this issue.
We have received your letter dated August 12, 2002, in which you have requested that we "reconsider' the placement of a sediment
trap in the stream. Please direct your attention to the second to last closing paragraph of the 401 Certification, which is repeated below:
"If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1506 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."
If you choose to pursue this issue further, please follow the aforementioned guidelines for requesting a hearing. Thank you for your
attention. If you have any questions, please contact me or Cyndi Karoly in Raleigh at [phone].
incer
n o
JRD/cbk
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office - Steve Mitchell
File Copy
Central Files
020742
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

EARLE GARRETT III
ATTORNEY AT LAW
520 PINEY FOREST ROAD
DANVILLE. VIRGINIA 24540
August 12, 2002
Mr. Alan W. Klimek, P.E.
Director
Division of Water Quality
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1650 Mail Service Center
Raleigh, NC 27699-1.650
RE:
Dear Mr. Klimek:

Albert Garrett, III
DWQ Project #: 02-0742
AREA CODE 434
TELEPHONE [phone]
FAX [phone]
This will acknowledge receipt of a letter dated July 29,
2002, signed on your behalf by Cyndi Karoly. It is my
understanding that this approves our application for a permit
with the exceptions listed.
I greatly appreciate your consideration of this project and
we will, of course, honor the restrictions that you have placed
upon us, particularly in regards to the stream/ditch channel.
I did, however, wish to comment on that so called 'stream!'.
I bought this property because I liked the wilderness and my
hope was that this stream would flow regularly so that I could
lie in bed and listen to it among other things; unfortunately, I
discovered that the stream only had water after rains.
My wife and I walked the full length of this stream and
found that it was served by a small spring at the head end near
the property you can see on the aerial map where the farmer
cleared a 25 acre, more or less, field.
I walked the stream again this past weekend and verified
that the spring was, in fact, bubbling up water, but as you can
see from the enclosed photograph,the water all soaks in before it
gets to the lake and for the last 100 yards the stream bed is
dry.
Mr. Alan W. Klimek, P.E.
August 12, 2002
Page 2
You can see again from these pictures that the stream bed is
mostly sediment which came from the farmer's field. The bank to
the left which is about 18" high used to be 3' high. What I had
hoped to do was to improve the stream and put it back in the
condition it was in 10 years ago and at the same time intercept
the silt before it got to my cove. By digging out the silt,
which has only been deposited the last three of four years, and
putting in a very small rock dam which would be below the top of
the banks, we could trap the silt behind the rock and dig it out
every year or two. This would leave the stream in better
condition than it is now and in almost as good condition as it
was 10 years ago. Having lived there that long I can tell you
from my personal knowledge that fish do not enter this stream and
have never spawned in it because the water flow is not
consistent.
I have decided to gamble and go ahead with the dredging, but
I greatly fear that I will be right back to where I am now in two
or three years if something is not done to catch the sediment
before it reaches the lake. I have talked recently with the
farmer at the head of this stream and he is not willing to do
anything and wanted me to pay him to enter his property to put a
catch dam. He has, since the original damage occurred, put in a
second pond which may reduce the problem somewhat, but not
totally.
Since there are two landowner's between me and the farmer
there is little I can do other than what I have suggested.
Again, we will honor your permit, as issued, but if you feel
like reconsidering what we can do in the stream bed I would
greatly appreciate it.
I thank you all for your time in reviewing this application
and I will be happy to show you around the property at any time
you or your staff might be in this area.
Very truly yours,
Earle Garrett III
EG/lsf
Enclosure
cc: Randy Sisell
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July 29, 2002
Person County
DWQ Project #: 02-0742
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Albert Garrett, III
129 Wilton Avenue
Danville, VA 24591
Dear Mr. Garrett:
You have our approval, in accordance with the attached conditions, to place fill material in 0.22
acres of waters for the purpose of dredging a portion of Hyco Lake and constructing a bulkhead at Lot
A, Parcel A16, Lot # 118 as you described in your application dated June 11, 2002. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Number 3373, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This
certification allows you to use Regional General Permit Number 030 when the Corps of Engineers
issues it. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and dny
additional conditions listed below.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
1. The material shall either be dredged in dry conditions or if a hydraulic dredge is used then a
two celled, upland diked disposal basin must be used. Additional written DWQ approval
would be needed for the hydraulic dredge.
2. Sediment basins shall not be placed in the stream/ditch channel but must be located entirely on
upland soils.
3. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.

N. C. 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)
[phone] (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetlands
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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Steve Mitchell
at our Raleigh Regional Office at 919-571-4700.
Sincerely,
Alan W. Klimek, P.E., Director
Attachments
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
R. F. Sissell
Re: stormwater review and NBR in cary
Subject: Re: stormwater review and NBR in cary
Date: Tue, 23 Jul 2002 09:18:49 -0400
From: Steve Mitchell <[e-mail]>
To: John Domey <[e-mail]>
02-0742 I have no negative comments if the ACOE is ok with the dredging.
M?rrty Sissle is an idiot.
I
1 of 1 7/23/02 9:24 AM
Date:co
To: XRO
?FRO
?WaRO
?WiRO
?WSRO
?tvIRO
Steve Mitchell
Ken Averitte
Deborah Sawyer
Joanne Steenhuis
Jennifer Frye
Mike ParKer
Pele t;ohwJl
Triage Check List
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Project Name_ kl.,? _
DWQ Project Number QZ_ O IZ __
County=`_----- ------- - -._.--
From: ----
__._- _-_-- -- _ one (919_733 _?? ZCv
The file attached is being forwarded to you for yOUr evaluaticr. F .= call if ycu need
assistance.
? Stream length imp cted
? Stream determination
? Wetland determination and distance to blue !inE: ;uriacF:.:a _ on USGVV topo maps
f?4inimization/avoid<,nce issues
/? Buffer Rules (Neese, Tar-Pamilco, Catawba, Randlen-ar
? Pond fill
? Mitigation Ratics
? Ditching.
? Are the stream and or wetland mitigation sites available ar:_ - bie?
? Check drawings for accuracy
? Is the application consistcn! with pre-application rneetincs
? Cumulative impac', concerns
Comments__
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SISELL HOMES r/1
new home construction - development
353 tit. George Latic epyNoith Carolina 27.343
Piume 336 234'9168 mobile [phone] siticll((i!gamuscood.ncl
Pax 336 234-0185
North Carolina Division of Water Quality, Wetlands/401 Unit
Mr. John Dorney
1650 Mail Service Center
Raleigh, NC 27699-1650 Fax [phone] i
Re: DWQ # 02-0742
Dear Mr. Dorney:

In reference to your letter dated May 30, 2002, requesting additional information concerning
permit application for my client, Mr. Albert Earl Garrett III, I submit the following answers to
your questions:
Item 1)..... The purpose of the seawall (3' high) is to stop further erosion from Mr. Garrett's
property into the lake and to act as a barrier until the deposited soil is grassed and
stabilized. His property has a 45 degree incline from the 420 line.
Note GIS, Person County map included with application and Wetland map included
showing no wetlands
Item 2) ..... Concerning pit, rip-rap in the " stream channel". This is not actually a flowing
continuous stream. Note topo map form US Dept. of Agriculture. It is a drainage
ditch to the lake from higher ground especially the two watershed ponds not on
Mr. Garrett's property. (See GIS aerial view of Person County Map). However, I
and Mr. Garrett have agreed to eliminate this method due to e-mail correspondence
with Mr. Todd Tugwell, USACE. (e-mail enclosed). Mr. Garrett intends to further
investigate these "ponds" located on Ernest Rowland's property as to compliance
with your office, USACE and Soil and Water Conservation Dept. (Mr. Garrett's
letter to me enclosed)
Item 3)..... The dredged material (mainly sand and topsoil from drain ditch) will be deposited
behind seawall but not actually to seawall in wet condition. My "Unload" excavator
will be working behind seawall. The material will be pushed by dozer to the left
property line and spread. When dredging is complete, the entire deposited area will
be landscaped and grassed with some soil to seawall but not directing water flow to
seawall. The area at present is wooded with 8" trees mainly popular with leaf
ground cover and no vegetation, not wetlands, ( see USDA map)

I hope the above has answered your questions, please feel free to call me if you have further
questions. I would appreciate you sending me any rules or methods that your department
approves for dredging on Hyco Lake. I do not plan to operate at other locations due to the
difficulty in transporting the barges by road. My operation is very similar to Lake Norman
Dredging and Marine in that barge floating excavators are used to remove material and
motorized barges are used for transport to shore excavator for unloading. Unlike Lake Norman, I
do not have selected unload sites throughout the lake to deposit the dredged material, therefore,
the dredged material is deposited on higher ground and stabilized on the lot owner's property.
Sincerely,
IJ
Randy Sisell
Sisell Homes
cc: Albert E. Garrett, III
Raleigh Corps of Engineers, Todd Tugwell

EARLE GARRETT III
ATTORNEY AT LAW
520 PINEY FOREST ROAD
DANVILLE, VIRGINIA 24540 AREA CODE 434
TELEPHONE [phone]
FAX [phone]
June 4, 2002
Mr. Randy Sisell
353 Saint George Lane
Semora, North Carolina 27343
RE: Hyco Dredging
Dear Randy:
I have double checked and ascertained that the owners of the
property pausing my trouble are Ernest R. Rowland and his wife,
Nancy Ann Rowland.
Their address appears to be 997 Maurice Daniels Road, and I
assume that it is a Roxboro address.
I thought you might want to send this information on to
Raleigh.
As of June 3, 2002, I stall have not received the permit.
Very truly yours,

Earle Garrett III
EG/lsf
Page 1 of 2
Sisell
From: 'Tugwell, Todd J SAW'
To: Sisell"' <[e-mail]>
Sent: Wednesday, May 22, 2002 7:07 AM
Subject: RE: Garrett Project
No problem - the email will be fine. I'll adjust the plans. Thanks,
J Todd
-----Original Message-----
From: Sisell [mailto:[e-mail]]
Sent: Saturday, May 18, 2002 2:51 AM
To: Tugwell, Todd J SAW
Subject: Re: Garrett Project
Dear Mr. Tugwell,
Appreciate your prompt reply, I will eliminate all rip-rap and sediment traps within the existing stream as
planned. Do I need to correct my plans or will this e-mail suffice?
Sincerely,
Randy Sisell
- Original Message --
From: Tugwell, Todd J SAW
To: 'Sisell'
Sent: Tuesday, May 21, 2002 12:02 PM
Subject: RE: Garrett Project
4a3
I appreciate your desire to prevent the need for maintenance dredging, however we discourage the
placement of any kind of permanent or temporary check dams or excavation in stream channels, unless
absolutely necessary. This is for a variety of reasons, including the possibility of destabilizing the stream
channel which may result in head-cutting causing further problems with bank erosion up and down
stream. We also need to ensure that passage for aquatic species is maintained. Accordingly, issuance
of the permit will not provide authorization for these activities. If your client has a problem with this,
please ask him to give me a call.
Todd Tugwell
-----Original Message-----
From: Sisell [mailto:[e-mail]]
Sent: Friday, May 17, 2002 2:58 AM
To: Tugwell, Todd J SAW
Subject: Re: Garrett Project
j?/
Dear Mr. Tugwell,
Fine with me to leave out the rip-rap and sediment trap within the stream, it has enough rocks as
is(see picture). However, the purpose of the rip-rap and trap was to stop or slow down sediment
from the 2 large water sheds (see aerial view GIS from Person Cty) located on another
landowner's property. Mr. Garrett did not have a problem until these sheds were constructed with
no buffer to stream. Mr. Garrett is also an attorney and is considering litigation against the
landowner. The rip-rap and trap was just my suggestion until Mr. Garrett could possibly force the
landowner to protect his area from erosion and sediment from going down stream and ending up
in the lake at Mr. Garrett's dock entrance. Your suggestion is welcome-I am just trying not to get
any call-backs from dredging from unsatisfied homeowners.
Sincerely and thank you,
Randy Sisell
5/30/02
Page 2 of 2
?l
- Original Message -
From: Tugwell, Todd J SAW
To: 'sisell@gamewood.n_et'
Sent: Friday, May 17, 2002 1:55 PM
Subject: Garrett Project
Mr. Sisell:
I received your application for the work on Mr. Garrett's property at Hyco Lake. The plans you
sent in show a sediment trap proposed to be excavated in the creek channel and riprap placed
down stream of the sediment trap. What is the purpose of this work? All sediment & erosion
control structures required for the disposal area must be placed on high ground and not in a
stream or wetland.
Thank you,
Todd Tugwell
Regulatory Specialist
Raleigh Field Office
USACE
919-876-8441 ext26
5/30/02
?Ow` 1YQ
r
> w
o <
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
CERTIFIED MAIL - RETURN RECEIPT REQUESTED May 30, 2002
DWQ # 02-0742
Person County
Sisell Homes
R. F. Sisell
353 St. George Lane
Semora, NC 27343
Dear Mr. Sisell:
On May 13, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetlands for the purpose of dredging and riprap in Person County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC
213 .0502, we will require you to locate all streams and ponds on the property. Please show these on
maps of suitable scale (for instance V = 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 2H.0500.
1. Please provide additional information of the need for the seawall (photos of the eroding
shoreline may be helpful).
2. Please provide additional information of the need to place the sediment pit, riprap and silt
fence within the stream channel.
3. Will any wetlands be filled on the property specifically associated with the construction
of the seawalls?
Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
Program
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Albert E. Garrett, III
North Carolina Division of Water Quality, Wetlands/401 Certification Unit
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], http://h2o.enr.state.nc.us/ncwetlands/
WDERNR
Sincerely,
MAY-6-2002 11:54 FROM:DWO-WETLANDS 9197336893 70:83362340ies P:13/17
r',

FILE
C
op e
020742 1,.
?Y +

1 3 2002
The following is an abbreviated application form for those applying for a 401 W
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP39_ This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application rind supporting information as well as a
nou-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than l acre and 5475.00 for Impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to.,
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1, Owner/Applicant Information
Name: ----- L G/t 7 ?. - ....A/re T -T_ ZZ
Mailing Address'
Telephone Number .f j? AJ -9i.r r Fax Number.
E-mail Address:
C 60"Aft 7bM
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: 9• F .SR.Clr iL L
Company Affiliation: Sise?// ?n,?s
Mailing Address: .Pr's -CW. 4e-o--r a Am _ --
Telephone Number. L ol.h
V - 9.4 ip !s Fax Number:, ." (P J J y -0 0 %r
E-mail Address-.- X g r1/ AD GAMS yr.d , IV/T
11. . Project Information
Attach a vicinity map cleariy 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. You may use the diagram below to make a hand sketch of
PAYMENT
RULVID
M4r'-b-2002 11:55 FROM:DkO-WETLANDS 919'336893 TO:E3362340125 P:14/17
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildungs,
impervious surfaces, or other facilities must be included.
Location
County: ??? / S o N Nearest Town: Qf OK'd doo- e
Subdivision name or site address (include phase/lot nrunber): > Bb Nwf ??? •>/? .pd
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): 4 * j`? w .-z
?/4 .,v C°wcard Ckw-4. Rd, 71A ov /Au... ? R./, T/R
it (PO... f f ?/uatf? a-V 1P? t?-- 88
2. Describe the existing land use or condition of the si`te' at the time of this
appliurtion: Xi'.yl is rAm ?) /u w • III Y? /'r/i??/ r l oA o ?O A A,E i .
3. Property size (acres)-___ j?__A G_ _
4. Nearest body of water (streanVriver/sound/oceanllake).
T
5. Describe the purpose of the proposed work: Aa ?n,ak a c, ; f ^ 4/4- w All e ?- _
u.? ?St t r m<.f ^Cv e 4, r ?? tP o a Y /?a ass ,
ti. List the type of equipment to be used to construct the project:
7. Amount of impact (including all. excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
7rV d _S? -OX .CA 041-1:0W
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: Xf 6 c>..rz bt L . J e) 4 o.v,r
l(-o OVA I I
b. Please describe vegetation above the normal pool lake level and 50 feet land-
wan] to be impacted (r umber of trees for instance): w e e d e. el A A 1%&,4 NO
e?_,. r9? M? ?a ?? • •r
>/ C
Applicant/Agent's Srignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT b): l
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7)'COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : T T -??
2. MAILI ADDRESS: /C4 u1 ?0 h?Ve T IJA ???? `?? P ?/? (Ire
1?\ 86 edn-C) SUBDIVISION NAME:
??.ofs •. .Y. .
CITY: KooX #u, a' STATE: 1"i c_ ZIP CODE:
;
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) or /Y /?G/FF - G'9n?'' TT ?°9 D
3. TELEPHONE NUMBER (HOME) ?93'4tr.T(WORK) : J-010 o
? o w T n/? c ?tl-L.
4. IF APPLICABLE: Artr?s NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Sil r / ? J"? l I? lv e- e iC.ey., C S PrYl d t°A ?/ _
.o (e- C/ - /4 8
W 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
)MAP OR AERIAL PHOTOGRAPHY WITH SCALE) : o,r `oro 'vl? COUNTY: ??c°?le•?? NEAREST TOWN OR CITY:
I

C? SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) -7 /J,, /9Uk?

6. IMPACTED OR NEARE STREAM/RIVER:
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL, SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [J IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A, NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL-CONCERN (AEC) ?• • -YES. [ ] -NO .? l'
7c.. -IF- THE PROJECT IS LOCATED WITHIN A•COASTAL COUNTY.(SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404• PERMITS BEEN PREVIOUSLY 'REQUESTED - FOR -USE 'ON
THIS PROPERTY? YES [ ) NO Xj IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCL.VDE.PHOTOCOPY OF 401.
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ J NO ( IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2,00 G
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
EXCAVATION: yr9dr-) • l?i9G
FILLING:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: • >'.I. '?vG
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2).STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CAANNEL RELOCATION: PLACEMENT*OF•5IPE IN"CHANNEL:
CHANNEL EXCAVATION: ' CONSTRUCTION OF A DAM/FLQODING:•.
• Sr c
A-' C??.re Pe'.
11.. IF CONSTRUCTION. OF A -POND IS -PROPOSED,, WHAT. ISSIZ.E•, OF. THE„ ?.
WATERSHED DRAINING TO THE POND? .S- 7 '/Q?
WHAT IS THE EXPECTED POND SURFACE AREA? U o/'A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : > / ,t
ec-M o?'O d .J '?L? ?f , e l? ?iR /r9o / ?i one ? .Qtk s ?ey J??"? L` tw'
/?O/?ow1 ? '? ad
i 'j1' c C 17S o k T
do
16 xC.OvA?ot /,)u.+el
13. PURPOSE OF PROPOSED WORK:
PC IC
7-0 'j
3

19. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): /?/? ?r0wcf C&Amoy d/:ti TGo ?a/Ct we
J(v jOMC 4?t,4v P e . 1 •? ,C k c/?? e ??.c? or a ,A •?, o.?. /„
l9 d e cl ..x- ,C flab e k it .1i -4. c_t? tow G? S. /? ?F'wc a `t> o o ?ew
.l f--A0 t?aQ /i? /r0 019 A- G? s c ? /y?1p. a? ,o co .v c?J u-)e f/ p /J ? ?? .1 a O;q 15. YOU"ARE REQUIRED TO CONTACT THE U.S. FISH ANO WILDLIFE SERVICE. ??,,,
(USFWS) AND/OR-NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY lieQt?/
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR `T
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
.IN THE PERMIT AREA THAT-MAY-BE-AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16 YOU ARE--lZEQUfiRE-D-T-O -CONTACT. THE STATE HISTORIC _PRESERVAT-I-ON_OFFICER gir
(SHPO) (SEE*'AGENCY ADD$£.SSES_.SHEET)-• -'REGARD'I•NG' THE PRESENCE OF HISTORIC'-. • !
PROPERTIES--I-14-"THE PERMIT AREA WHICH MAY BE AFFECTED BY TRE-PROPOSED
PROJECT. DATE CONTACTED:.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [) NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ) NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST.JONES"STREET-, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone]-
4

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
Jeli .//a. WETLAND DELINEATION MAP SNOWING ALL WETLANDS, STREAMS, LAKES
?c AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
9, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERYOR 1
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET
1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
1~ rb. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
?N C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
"- ?C' C /` e ? Ti a ? /? ?1? c?c-? ?a ? ?o,n-, e?1 .d? a-? o? r? p'?.
f. -IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORYZATI6N-t8TTEfk,' IF APPLICABLE.-
NOTE:'. WETLANDS OR WATERS OF 'THE U.S. MAY NOT BE IMPACTED. PRIOR* TO:
1) ISSUANCE'OF A SECTION 404 CORPS OF ENGINEERS PERMIT-,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
G?
n Tfp1?;R!_S/AGENT' S SIGNATURE
t o1 O Z
DATE
(AGENT'S SIGNATURE VALID ONLY
IF'AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5

Earle Garrett III - owner
434-793-5200 work
434-793-9155 home
job location
of Huff-Garrett Road
.tefA , /evro? d???
HY O LAKE
I" = 50'
10
81
C
present water level at fi dl pool of
lake is 1 to 3 feet in proposed
dreded area 7'

water depth mark
dredged area 6'
maintain 6' water
within circle
1000 cu.yds ,
estimated
? F ,
`
?
removal ' `
3 25'
- •?

l 4'.
2

{
ope
7s
1,•
' '
!

d 4
• 2
( 84
i' 2? ,?
'
-
propose 75
--r
tr. wood seawall + 1'
30" high 4
:.
-2.S
R.F.Sisell --contractor
336 - 234-4168
336-234-0185
336-5040152 mobil
existing sandbar
proposed peninsular removal
and wood seawall removal
( so water will not be channeled to
dredged area )
5
'tck
path 1t JJ 20' bu4er area -`
\ 45 + slope
disposg
area
?1 ?? stabil?el
septic area 50 degzee
access road
installed / r
fo
gravel
drive
100'
t fence'
proposed
sediment
jtt 'tree
Y y ?'
5' creek (not shown
on wetland map) see
GIS map, Person Cty
asulop ^q
0 Ul' 'UOIl•/91dj9j.u! 3aino avvdtlJv
?uonanRq.Bu? teiN w?aa pZ se,a• Ol e,o• l El
.. ?" ? `,.? .v t sort
ll 1? - / ` . fy 4t C
mss/` ? ?i9C1b-) s ., r >• i
r .
i
r
C S( G
411
y/(
4L,
"I 9.P
[ ? ? I/ 666 + '. 4 ? ? '
s y
/
t C) /V?{t n t, ? _ i I1 i o K& "v A
?Zl
xrlAr?w?/J?,,?r?? ,JHr? 1+ 4M ^t % I ,},y Y"1 ^»°i `? "Oa }` F
r? .?,?''? c.,?: ? l1F ? K? ' .-. A l6'N?.,\ /M ? ,. ? ? j\ .`;>??? ? i'? i ti . ?yti tS P?"•'?? r: .. ? ?i? Y o ) r
Earle Garnett III - owner PICTURE SITE LOCATION
434-793-5200 work
434-793-4155 home
job location
ofHufT Garrett Road
HYCO LAKE
I"650'
present water level at full pool of
lake is 1 to 3 feet in proposed
dreded area
dredged area
maintain 6' water
within circle _
1000 cu.yds Pic 1
estimated '
removal V

proposed
tr. wood seawall'
30" high \ c 2 Pi
i
3 ?Pic -- 6
,3, c
p
1 o Pic r5 ? 0
existing sand bar
R.F.Sisell --contractor
336 - 234-9168
336-234-0185
336-5040152 mobil
proposed peni=dar removal
and wood seawall removal
( so water will not be channeled to
dredged area )
Piic7
0A
tck? ??
/ path ) 20' buffer are
45+s1o
Pe
disposal
-
home stabilized
septic area 50 degree A
access road
installed
gravel ?/"- .-? 5 creek (rent shown
/ '''fi/I INE an wetland map) see
GIS map, Person Cty
drive /
I , \
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NCWRC,HCP,FALLS LAKE TEL:[phone] Jul 30'02 14:04 No.002 P.02

North CarolinaWilcflife Resources Commission
Charles L Fullwood, ]Executive Director
MEMORANDUM
TO: John Dorsey
Wetlands/401 Water QiW.t Certification Unit
FROM: elle R. Pender, Pi ont Region Coordinator
IIabitat Conservation Program
DATE: 30 July 2002
SUBJECT: Pre-Construction Notification Application for Albert E. Garrett, Lake Hyco,
Person County, North Caroling. DWQ ID: 020742.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the subject application, and we are familiar with the habitat values of the area. Our
conunents arc provided in accordance with provisions of the Clean Water Act of 1977 (as
amended), the Fish and Wildlife Coordination Act (48 Stat, 401, as amended; 16 U.S.C. 661-
667d), and North Carolina General Statutes (G.S. 113-131 et seq.),
The proposed project entails the m4vation and removal of 4,800 cubic yards of sediment
from 0.1 acres of Lake Hyco and filling approximately 0.11 acres of wetlands. The purpose of
the proposed project is to improve waterway access to the applicant's boat dock and to construct
a 100-foot, 30-inch seawall.
We have no objections to the applicant removing sediment from Lake Hyco to improve
waterway access provided the following conditions are met.
1. Dredging will not occurbetween 15 March and 15 July, Reservoir fish species spawn
in spring, and young fish occupy near shore habitats in early summer. Prohibiting
dredging during this time period will minimize impacts to the reservoir fish
population.
2. All sedunent removed is deposited upland on the applicant's property or is hauled of t
property and disposed of at an approved facility.
We do not concur with the construction of a 100-foot, 30-inch seawall. The site is
located at the back of a cove and is relatively protected from wind and wave action. The
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Ccntcr - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]
P 7HLLS LRKE
_AAF .. Page 2

30 July 2002
Garrett - Lake Hyco
DWQ ID: 020742
TEL:[phone] Jul 30'02 14:05 N0.002 P.03
photographs enclosed with the permit application show a shoreline vegetated with grasses,
shrubs, and trees, and there does not appear to be significant erosion along the shoreline. Given
the location of the site and that vegetation is already established, we recommend that the
applicant use bioensineering techniques (planting native vegetation) to further stabilize the
shoreline and minimize erosion. Native vegetation protects water quality by filtering nutrients,
sediments, and other pollutants and improves fisheries habitat by providing shade and cover for
fish. Local landscape or engineering companies may be able to provide technical assistance in
using native vegetation for shoreline stabilization. If a local firm can not be found, KCI
Associates of North Carolina in Raleigh ((919) 783-92141 can provide technical assistance.
Thank you for the opportunity to provide input for this project. If we can be of further
assistance, please contact our office at (919) 528-9$86.
cc: Todd Tugwell, USACOE
John Crutchfield, CP&L
E-mail: Shari Bryant, District Fisheries Biologist, NCWRC
SB/drp
ALLS LAKE TEL:[phone]
FAX COVER
Falls Lake Office
Date v.? h .
Number or pages Including coat sheet
To:'
Phone
Fax Phone
CC:
Jul 30'02 14:04 No.002 P.01
NC Wildlife Resources Commission
Habitat Conservation Program
11421-85 Service Road
Creedmoor, NC 27527
From:
Phone $19-528-9886
Fax Phone [phone]