20021048 Ver 1_COMPLETE FILE_20020626

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August 19, 2002
DWQ # 02-1048
Stanly County
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Mr. & Mrs. James B. Braswell
8316 Unionville Brief Road
Monroe, NC 28110
Dear Mr. & Mrs. Braswell:
You have our approval, in accordance with the attached conditions; to impact in 0.015 acres of
waters for the purpose of dredging and clearing debris at Lot# 2, Bobby Gardner development on Lake
Tillery called the Bunny Creek Cove Project as you described in your application dated June 28, 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 General Permit Number 198200030 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 any additional conditions listed below.
1. 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.
2. This project is for the installation of a stone bulkhead to prevent further erosion of the property
due to wave action. The use of mechanical equipment on the beach must be minimized.
3. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir.
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
AM
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
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), (http://h2o.enr.state.nc.us/ncwetlands
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 Mike Parker at
our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
0. oKlimei, P.E.
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files

021048
Friday, June 28, 2002
Division of Water Quality Office
401 Wetlands Unit Resources
1650 Mail Service Center
Raleigh N C 27699-1650
2 2002
1 °
Re: Lot #2 - Bobby Gardner development - Lisenby Rd near Norwood - on Lake Tillery
"Bunny Creek Cove Project"
To Whom It May Concern:
In March of 2002 we received a call at our office in Monroe from Mr Jimmy Chisholm of
Carolina Power and Light in Raleigh. Mr Chisholm was very concerned about some
dredging that had been done along the shoreline of the above propertywhich we
We knew nothing about this until Mr ChishoWs call. From what we have been told,
the small amount of dredging was done by a person that lived in the house just below
us at that time. I do not know his name, and we are told he no longer lives on Lake Tillery.
From what we have been told by Mr Chisholm the dredging was done sometime in
August or September of 2001 when Carolina Power and Light had the water level down
to do some repair work to the damm and to the lake. The work that was done was found
by Carolina Power and Light, and was done, as you walk to the water, just to the left of
the boat house. It was a small amount of dredging to remove debri from the water's edge.
The only time we were at Lake Tillery last summer was July 4th. Our grandson's mow the
grass on the lot. They told us about the water being down and that we would not be able
to get our Pontoon in the water from our boat house, so we spent our time doing other
things that were pressing, not even dreaming that someone would do anything on our
property.
Mr Chisholm informs us, however, (and we are not disputing his word) that we are responsible
since it was on property for which we have the deed and it was on Carolina Power and Light
right of way.
At present, the grass has grown back in the water in the part that is in question and there are
small shells along the shoreline and in the waters edge as far as you can see.
We are enclosing seven copies of the application sent to Corps of Engineers in Asheville
and a copy of the General Permit that we have signed and sent back to them'
Again, we emphasize, we did not do the work, we had no intentions of doing any work. The
water edge is very much the way it was when we bought the property in 1978.
We trust this will give you the information necessary and will await to hear from you.
If additional items are needed, please let us know.
Sincerely,
James B Braswell
VirgWK Braswell
b
W Ar?gQ10
Cd
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
4
vy
? l July 10, 2002
DWQ # 02-1048
Stanly County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED ,
Mr. & Mrs. James B. Braswell
8316 Unionville Brief Road
Monroe, NC 28110
Dear Mr. & Mrs. Braswell:
On July 2, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wate>i t,?? ose of stabilization of shoreline in Stanly
County. Approval from DWQ is required to distuHli.aters. 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 2B .0502, we will require you to locate all streams and ponds on the property. Please show
these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 21-1.0500.
1. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation
requiring payment of a fee for all 401 applications, as indicated on page two of the PCN
application form. The fee for applications is $200 for projects impacting less than an acre
of wetlands and less then 150 linear feet of streams. For projects impacting one or more
acres of wetlands or 150 or more feet of streams, the fee is $475. In order to process your
request, you must send a check in the appropriate amount made payable to N.C. Division of
Water Quality.
2. Please provide (7) copies of the location map and site plan for this project.
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.
Dorney
r Quality ert' cation Program
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
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/
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTE MON OF:
Permit Number:
Permit Type:
Name of County:
200230922
GP30
Stanly
021048
Name of Permittee: Mr. James B. Braswell
Date of Issuance: June.3, 2002
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5000'
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. if you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
14-., ,,?, &AA:A.Z'
Signature of Permittee
??. 9T
Date
,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230922
County Stanly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. James B. Braswell
Address: 8316 Unionville Brief Rd.
Monroe, NC 28110
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Lot #2 - Bobby Gardner development - Lisenby Rd. near Norwood - on Lake Tillery
"Bunny Creek Cove Project"
Description of Activity:
Excavate/removal of debris and a small amount of vegetation in an approx. 0.3 acre area
along the shores ne of Labe Tillery for aesthetic purposes.
Applicable Law: X Section 404 (Clean Water Act, 33 U. S. C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NVVP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Revelatory Official specified below.
Date June 3, 2002
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31, 2004
CESAW Form 591
Revised July 1995
C `
III.

Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as s, 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 I1 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
2.T.I.P. Project Number
el--
Only):
3.Property Identification Number (Tax PIN):
4.Location r
County: 7
Subdivision name (in lode phase/lot numb
Directions to,site (include road numbers, la
etc.
e
S.Site coordinates, if available (UTM or Lat/Long):_ 4e
(Note - If project is linear, such as a road or utility line,
coordinates for each crossing of a distinct waterbody.)
v
a
that separately lists the
6.Describe the existing land use or condition of the site at the time of this application:
7.Property size (acres): A a42 fv x t AC-2e (See &.06Z
8.Nearest body of water (stream/river/sound/ocean/lake
9.River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mapg/.)
Page 6 of 13

Office Use Only:
USACE Action ID No.
Form Version Ap-'12001
DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
I
Check all of the approval(s) requested for this project:
? Section 404 Permit
? Section 10 Permit
? 101 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Nlumber(s)
3. If this notification is solely a courtesy copy because NArritten approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Proms am CWRP is
mitigation of impacts (see section VIII - Mitigation), check here: ) proposed for
. Applicant Information.
I. Owner/Applicait Inform
atio i
Dame:_+ ?X
" `? l
t .r i A ? r, t t
Mailing Address: /l ,-
Telephone Number:, >,
Fax Number:
E-mail Address:-c s f, > J/.A •? ?7 S L ;, ,
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.) ,?11-2
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
f°
Page 5 of 13

10.
11. List the type of equipment to be used to construct the project:,
12. Describe the land use in the vicinity of this project f
IV. Prior Project Mistory
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 info ration. 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.
?f
V_ , Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: ,'-
W. Propased 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 7 of 13

10.
11.
12. Describe the land use in the vicinity of this project: -,,q
! Z
s
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. `project, along with
construction schedules.
V., Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
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 7 of 13
List the type of equipment to be used to construct the project:, f /?'
t
1. Wetland Impacts
Wetland
Impact Area Located within Distance to
Site Number Type of of 100-year Nearest
(indicate on Impact* Impact Floodplain** Stream Type of Wetland***
ma (acres) (yes/no) (linear feet)
i
List each impact separately and identify t,. mPor
excavation, flooding, Jditchmtr ary impactsImpacts include, but are not limited to. mechanized cleanna
dramage, etc. For dams, separately list impacts due to both' structure and flooding. grading, fill,
** 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 availabie through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://w?-R,_fema.oov.
*?T °List a. wetland type that best describes wetland to be impacted (e.g.
Carolina Bay, bog, etc.) , II eshwater/saltwater marsh; forested wetland beaver pond,
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
?. Stream Impacts, including all intermittent and perennial streams
Stream Impact Len th of Average
Site Number Type of Impact Width of Perennial or
(indicate on Impact* (linear Stream Name** Stream Intermittent?
map) feet) Before (please specify)
* List each impact separately and identify temporary
dams (separately list impacts due to both structure and flooding), relocation (include linear feet efore and after and net lo gam ,
stabilization activities (cement wail, 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
downstream named stream into which it fl. USGS maps ee av ailhas name, ableothroughhthe U GS lat 8 amed 0-3?8utary) 9616, to or the nearest
online at
«ww.us°s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
wvy.manauest com, etc.).
Pale 8 of 13
Cumulative impacts (linear distance in feet) to all streams can site:
3. Open eater Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water
Impact
Site Number Type of Im. act*
(indicate oil
iap)
Area
of Name of Waterbody
I?npact (if applicable)
(acres)
Type of i%Jaterbody
(lake, pond, estuary,
SO-and, bay, ocean, --L.C.,,
_ I
? Fl _ _ I I
4
x List each impact separately ana foie ltiiy t_,npo:-ary impacts. impacts
?oo^ing drain-p-, duflil?ea.ls, etc.

but are not limned to: fill, eacavaio t,
r
O
Pond Creation 1Vf
If cons'w ?cLion c_t a pond is proposed assoc1aie=d we'!
t _d and stream irrpa? s should be
included above in the wetland and stremm impact sec Ad ? she rn ?
ti o_.s. s, , t p. ?P seu pond should
be described here and ilhasi?a`?ed on any gaps included with this application.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of constriction (e.g., damJembankment, excavation, installation of
draw-dcu-Ii valve or spillway, etc.):
Proposed use or -oU- ose of pond (e. or livestock waterinc irria ?a
ration, aest?s„tic, do=.:t pond,
local stormi water reTairement, etc.):
Size of waterslied draining to pond: Ex =te
? d pond sirlaCe ;, area:
. Impact j
ust==?cati
E?oix (Avoidance and Minimization)
Specifica iy descr"ibe measures taken to avoid the proposed impacts. It may be wseful to provide
inforrnation related to site constraints such as topography, building ordinances, accessibility, and
fiiancial viability of the project. T he applicant may attach drawings of alternative lower-impact
_ ?
site layouts, and explain why these design options were not feasible. Also discuss h my impacts
were minimized once the desired site plan was developed. If applicable
discuss construction
techni ues to be followed.. di,•rin construction to r"d?;ce impacts
- r f nt t,
pp r
,t
if4 r.
Aag of 1-3
. i
1
VII1. l.iti atioaa / i
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the N TC
Division of Water Quality for projects involving greater than or equai to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of tot-ad impacts to perennial
streams.
USACE - In accordance with the Fn al Notice of Issuance and Lodi ication of ??rationvride
Permits, published in the Federal Register on March 9, 2000, mitigitior, N,44111 be r-quired when
necessary to ensure that adverse of -ects to the aquatic enVironm. ent are minimal. Factors
including size and e of pr
10 posed impact and fF ` T .T; a •Fn
`gyp unction and r-la.,vvalue of -lie imp cted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Z i MaeLion as proposed. _Exariples of m tigation that may be ap*propr iat- and prat`
ticabl„ include,
but are not limited to: reducing the size of the project; eStatSii ' liS:_1.1?v ?-r and '
? alnt?I2lirtg weiiarl€
>=.-Vor upland vegetated buffers to protect o,-,en waters such as streams; and replacing losses of
to 1C resource f-unctions and 'v'alues by creating, £;>Storing, enhancing, Or preser'aing I filar
£unctioiis and values, preferable iii the same wa`e he
.. ?.?..rslt?d.
ifZt'fIgaLion is required for this project, a copy of t"ie rrlitiaa ion 'Plan 1111-1st b- aftached in Order
for USACE or I?JQ to consider the application cone f r Frt6
lacl:ing a require initiat plet„ io1 pro.,„i_.? Any application
t d ion plan or NMV17,12 concullence shall b- placed on bold as
incomplete. -An applicant may also ChOOs to review the current guidelines for Strealri F-St0rat3on
D Q'S Draft, TPChYG7Cai & ide Tnr C{"'am ; T,. 1i7.1 F, in N-a ATrtn E z ? ,.
?v. v i? ?1.t w aro_i a, available at
:? ? F s v.
i??F L' '? o.walir.Staff.°v.?v.?FJ?12C?f J61la`'^'S?S?1i ?i(Ta FiE.E'S.
1?l0°JZde $ bli- description of the ploaoSed Z?2itigatio"2 p12.k. ill- reSvr2?t.otl 9tlc`?Tt111 r-y105'1de
as 122uCn ZiItE3'rnatl0 ? as pnSS1bie? InClt?ding? ?Ut 110t 1ii11ited LID. J:tv location ?2 iaCn CUreC`.tioil$
and/or I"lla'i, Zf orfsit-), affected stream and river bassntt? ? ? °et`)
_ , and amount nt (acre,..?e/l.ine ..ar f,,
of n?Z;.igation proposed (restoration, enhancement creation Or Ar >
or pres.,-,ation), a'pla"i 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 10 of 13
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://h2o.enr.stat.e.ne.us/w-m/index.htm. If use of the NCWRP is proposed, please check the
appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):
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):
O
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use-of public (federal/state/local)
land?
Yes ? No Y
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
IX. 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.
Yes ? No 1 If you answered "yes", provide the following infonnation:
r ,
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identi fy )?
Page 11 of 13
3
w
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
l: 3
2 1.5
Total
-b Uut ?v IVUL PerP;,naieuiar rrom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffet- Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
S4-.....c....
.,t LEE7
.... I_
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storm water controls proposed in order to protect surface waters and wetlands
do%-nstream from the proper,y.
X. Sewage Disposal (DXA'Q Only) Afl/
Clearly detail the ultimate treatment methods and disposition (hon-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
e . Violations (gWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 12 of 13
Jsi A T??QG
`a?©? ?bwa?\,?
T-
- l
© y -c
July 10, 2002
DWQ # 02-1048
Stanly County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. & Mrs. James B. Braswell
8316 Unionville Brief Road
Monroe, NC 28110
Dear Mr. & Mrs. Braswell:
On July 2, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of stabilization of shoreline at Lot#2 Bobby
Gardner development near Norwood in Stanly County. Approval from DWQ is required to disturb these
waters. 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 2B .0502, we will require you to locate all streams
and ponds on the property. Please show these on maps of suitable scale (for instance 1" = 100 feet) so
we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Klimek, P.E., Director
ision of Water Quality
1. You application is incomplete since page 6 of the application is missing.
2. Please provide (7) copies of the location map and site plan for this project. The site plan
should indicate the area and location of the proposed work.
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.
Sincerely,
John Dorney
Water Quality Certification Program
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
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/
dot W ATF9
v0 Q r
Michael F. Easley, Uovemul
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural E Director
uurs
Alan Klimek,
Division of Water Quality
July 10, 2002
DWQ # 02-1048
"°Stanly County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. & Mrs. James B. Braswell
8316 Unionville Brief Road
Monroe, NC 28110
t
=t1'
Dear Mr. & Mrs. Braswell:
Division of Water Quality (DWQ) was notified by receipt o your
On July 2, 2002 the of stabilization of shoreline at Lot#2 Bobby
application regarding Your plan to fill waters for the purpose to disturb these
County. Approval from DWQ is required
Gardner development near Norwood in Stanly information and refer to the DWQ # listed above in
waters. Please provide 7 copies of the following You to locate all streams
your reply. In particular as described in 15A NCAC 2B .0502, we will require y
property. Please show these on maps of suitable scale (for instance =100 feet) so
and ponds- on the compliance with 15A NCAC 2H .0500.
we can. begin to determine your projects'
1. You application is incomplete since page 6 of the application is missing.
2. Please provide (7) copies of the location map and site plan for this project. The site plan
should indicate the area and location of the proposed work.
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 begin whencthi informations is
NCAC 2H .0505(c). The processing time for withinPlthree (3} weeks we will assume you no longer
received. If we do not hear from you by writing
want to pursue the project and will consider it withdrawn.
Sincerely,
Uri
John Dorney
Water Quality Certification Program
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
North Carolina Division of Water Qual'dy, Wetlands/401 Certfica`twn Unit
165o Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CO OF.ENGINEERS
1?a1 ??T'?ON ?
ROOM i0$ _-
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Permit Number: 200230922
Permit Type: GP30
Name of County: Stanly
Name of Permittee: Mr. James B. Braswell
Date of Issuance: June-3, 2002
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230922
County Stanly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. James B. Braswell
Address: 8316 Unionville Brief Rd.
Monroe, NC 28110
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Lot #2 - Bobby Gardner development - Lisenby Rd. near Norwood - on Lake Tillery
"Bunny Creek Cove Project"
Description of Activity:
Excavate/removal of debris and a small amount of vegetation in an approx. 0.3 acre area
along the shoreline of Lake Tillery for aesthetic purposes.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date June 3, 2002
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31, 2004
CESAW Form 591
Revised July 1995

te,

y
_
\?o
--.'
Y

i4
y -
y a
Cz
. s

f
i DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATIEA' nOR OR
® lY? !? o`? ?x 5 F f ? ' t
Permit Number: 200230922
Permit Type: GP30
Name of County: Stanly
Name of Permittee: Mr. James B. Braswell
Date of Issuance: June.3, 2002
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5000'
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230922
County Stanly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. James B. Braswell
Address: 8316 Unionville Brief Rd.
Monroe, NC 28110
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Lot #2 - Bobby Gardner development - Lisenby Rd. near Norwood - on Lake Tillery
"Bunny Creek Cove Project"
Description of Activity:
Excavate/removal of debris and a small amount of vegetation in an approx. 0.3 acre area
along the shoreline of Lake Tillery for aesthetic purposes.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: 198200030 Regional General Permit Number.
Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date Tune 3, 2002
Corps Regulatory Official_ Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 31, 2004
CESAW Form 591
Revised July 1995
III. Project Information
i IItt Q
Attach a vicinity map clearly showing the location of the property did r?s
landmarks such as s, 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 I1 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.
I.Name ofvroiect: .6 N ? ?Z eQ e_?
2.T.I.P. Project Number (NCDOT Only
3.Property Identification Number (Tax PIN):
4.Location
County: u Nearest To v
Subdivision name (in lode phase/lot number):
Directions to,site (inc)ude road numbers, landmarks, etc.):e.,?.
5.Site coordinates, if available (UTM or Lat/Long): -5f,"9-40" 4xdr-l
(Note - If project is linear, such as a road or utility line, attach heet that separat y 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:
1
7.Property size (acres): 42 fo x Ac-ReSe
8.Nearest body of water (stream/river/sound/ocean/lake):
9.R.iver Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 13
r-a9v 1 VV

Lake Tillery Project Future Land Use Shoreline Classification Map 2 CP&L
Carolina Power & Light Company . Ilk-
? A P??rnFis2 ?1?

Page= Z OT -4
0 Lake Tillery Project Futwe Land Use 91ii line Classification Map 1
Carolina Power & Light Company C
Q-41 Al CPOtw?twE?L? Cane
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DWQ Project No.:
Applicant
Project Name:
.4 County:
/-gym Q--s J "e a : 1 ,
Date of Issuance of 401 Water Quality Certification:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division,nf Water Quality
10

Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the
applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
; S lhereby state that, to the best of my abilities, due care and diligence was
used in the observation f the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature: Date: ?- - ??
.?-ate
Igent's Certifzca(idi's'
-1 , hereby state that, to the best of my abilities, due care and diligence was
.iced in the observation of the construction such that the construction was observed to be built within substantial
:ompliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
)they supporting materials.
>ignature:
f this project was designed by a Certified Professional
Date:
as a duly registered Professional (i.e., Engineer,
.andscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
veekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
nd diligence was used in the observation of the construction such that the construction was observed to be built within
ubstantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
pecifications, and other supporting materials.
signature: Registration No. Date
C. Division of Water Quality, 401 Wetlands Certification Unit,
350 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
)19) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
ow
?oF W A rF9
Qy
O _,;?
August 19, 2002
DWQ # 02-1048
Stanly County
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Mr. & Mrs. James B. Braswell
8316 Unionville Brief Road
Monroe, NC 28110
Dear Mr. & Mrs. Braswell:
You have our approval, in accordance with the attached conditions, to impact in 0.015 acres of
waters for the purpose of dredging and clearing debris at Lot# 2, Bobby Gardner development on Lake
Tillery called the Bunny Creek Cove Project as you described in your application dated June 28, 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 General Permit Number 198200030 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 fellow the conditions listed in the attached certification and any additional conditions listed below.
1. 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.
2. This project is for the installation of a stone bulkhead to prevent further erosion of the property
due to wave action. The use of mechanical equipment on the beach must be minimized.
3. Equipment and materials may be offloaded to the beach at the bulkhead site but steps must be
taken to keep all equipment out of the reservoir.
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
?1Er, n,
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
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), (http://h2o.enr.state.nc.us/ncwetlands

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 Mike Parker at
our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
. Klime c, P.E.
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files