20021270 Ver 1_COMPLETE FILE_20020809

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August 19, 2002
Stanley County
DWQ Project #: 02-1270
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Jerry H. Parnell
16311 Croatan Court
Norwood, NC 28128
Dear Mr. Parnell:
You have our approval, in accordance with the attached conditions, to impact 0.0056 acres of or
waters for the purpose of shoreline stabilization at Sapona Trace on Lake Tillery as you described in
your application dated July 26, 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 bulkhead and riprap 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
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.onr.state.nc.us/ncwetlands
ft,
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 Mike Parker at our
Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
I
Klimek, P.E.
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files

,FILE.
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401 ISC?Ljr---
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Pre-Construction Notification (PCN) Application Form
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For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.miI/wetiands/Perm-app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.miI/wetlands/regtour.htm, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters'of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetiands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application).
Page l of 12
Coastal Area Management Act (LAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits
s'."' ti1paablv?r?ACB ?Regul??ffi?e. Upon receipt of an ap e
SAGE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USAGE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules -
nit; 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee o i lequked. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetiands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Of Engineers Field Offices and County Coverage
'Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Allegheny Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon R rford
Fax: [phone] Cabarrus Graham Madison tanley j
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
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]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
Office Use Only: Form Version October 2001
USACE Action ID No. 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.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: / ?B.Z DO 030
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: Z'F? RP-N g. ARti
Mailing Address: !!0 3// e0a
Telephone Number: IVID 7- nlfff Fax Number: c - 7 o O
E-mail Address:
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:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
111. 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: St°A w A l-C (,8uJ.K h--AJ) 41?, der X" AAV& GL
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): (o -6,
®15? 710 57 9
4. Location '
County: s4-am l1.y Nearest Town: /YO /l fit/pOd
Subdivision name (include phase/lot number): S,4 AoN A
Directions to site (include road nymbers, landmarks, etc.): •m ,valeooed Ie?e.
us 1C. C
9
5. Site coordinates, if available (UTM or Lat/Long): "tea AlA hAl_c c,+r- e6c.11 g*16--S
(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 w4terbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): • si
8. Nearest body of water (stream/river/sound/ocean/lake): Z & k a -T'te., r-
River Basin: )J drJA! -1-'-e: wee
(Note - this must be one of North Carolina's seventeen designated major river basins
River Basin map is available at http://h2o.cnr.state.nc.us/admin/maps/.)
The
Page 6 of 12
10. D be the urpose of the proposed work: 64oe zWOz/ON 40M WA IC--S
the
a45 -+ Sa -f - ski S.
11. List the type of equipment to be used to construct the project: 1004e, wee. S",gcv
12. Describe the land use in the vicinity of this project: Rdtiz1--A4i AL
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 future permit requests anticipated for this project? 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 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
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 http://www.fema.pov.
*++ List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater ntaish, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
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?
(please specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
*+ Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mal2guest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Occan and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Water body
(lake, pond, estuary, sound,
bay, ocean, etc.)
i .DOS ? /9 _

List each impact separately and identity temporary impacts. Impacts include, but are not limned to: till, excavation, dredging,
flooding, drainageetc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during con ruction to reduce im acts.
aid Se L bUkh&e ?_Al Is o .94, op
n L LA eYZd1X/CAJ /saw L .
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of' Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.tis/ncwetIands/strmgide htm1.
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.
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 hap:Hli2o.eiir.state.nc.tis/wrp/index htni. 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):
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
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
" 'Lone I extends out 3U feet perpendicular from near bank of channel; 'Lone 2 extends an
additional 20 feet from the edge of Lone I.
Page 1 I of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Ripa, iai i 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 211.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
A
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 Sp74 ies, access bility problems, or other issues outside of the applicant's control).
kG 1y sIAP, t otayeef Self- I, Zoo -Z-
I -
t/Agef1tl Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
2
Page 12 of 12
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: July 24, 2000
Expiration Date: December 31, 2004
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and waters
of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of
the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary of the
Army by the
District Engineer
U.S. Anny Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and operated by
public utility companies or under laws and regulations administered by the TVA. Activities within
these waters are the primary concern of, and should be regulated by, these parties. This general
permit applies to all waters on or within lands owned or under flowage easement to public utility
companies and the TVA.
Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using commonly
acceptable materials such as pressure treated lumber, unsinkable flotation materials, and confined
concrete.
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bio-engineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines where U.S. Coast Guard requirements
for aerial lines are met and preproject elevation contours are restored.
e. Construction of water intake and outfall structures where all State and Federal required
authorizations have been obtained.
1. Special Conditions.
a. Written confirmation that the proposed work complies with this gcneral_?rmit must be
received from the Wilmington District Engineer prior to the commencement of any work. For
this purpose, the proponent should submit detailed plans, location maps, and other supplemental
information explaining the nature and scope of the work.
b. The piers, docks, boathouses and boat shelters will be pile-supported or floating
structures. Mooring piles, dolphins, jetties and breakwater structures may be of wood, metal or
precast concrete. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body so as to adversely affect navigation by the general public.
d. Piers shall not extend or any other structure be placed further waterward than one-third
the width of a 30-foot wide or greater natural water body designated as navigable pursuant to
Section 10 of the Rivers and Harbors Act of 1899 (i.e., for navigable waterbodies less than 30 feet
wide, pier requests will be evaluated on a case-by-case basis and may be restricted to less than
one-third the width of the waterbody). Docks or piers and adjoining platforms, decks,
boathouses, boat shelters, docks, and "L" and "T" sections will not cumulatively exceed the
maximum allowable size of such structures identified in the reservoir's shoreline management
plan. Docks and piers extending over vegetated wetlands will be elevated sufficiently (minimum
of 4 feet above the wetland substrate) to prevent total shading of vegetation, substrate, or other
elements of the aquatic environment. Floating docks, boathouses and boat shelters will not be
constructed over vegetated wetlands.
e. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
2
f. Boat ramps will not exceed 20 feet in width. No material for construction will be placed
in wetlands. Excavation is limited to the area necessary for site preparation and all excavated
material must be removed to uplands.
g. This general permit does not authorize the installation of" fueling facilities on authorized
structures.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less
than 50 pounds per square foot.
i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected
from the weather. Metal or pre-cast concrete pilings are acceptable.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for tluctuatious of water elevation and not
break away.
1. Shoreline stabilization activities (bio-engineering techniques, construction and backfill of
bulkheads, and the placement of riprap material) are only authorized along shorelines void of
wetland vegetation, or where construction is accomplished landward of such vegetation. This
general regional permit does not authorize the discharge of dredged or till material in marsh or
wooded wetlands.
m. Bulkhead and riprap alignments will not extend farther than an average distance of 2
1z feet waterward, 5 feet maximum, from the normal pool elevation contour and may not extend
more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads and will
extend a maximum of three (3) feet waterward on a 2:1 slope.
n. Not more than an average of one cubic yard of fill material per running u foot of shoreline
will be placed within waters of the United States.
o. All fill material will be obtained from an upland source and confined landward of
bulkheads.
p. All fill material, including riprap material, discharged into waters of the United States,
must be free from pollutants in toxic amounts. The use of metal products, organic materials,
petroleum base materials or unsightly debris is prohibited.
q. Excavation and removal of accumulated sediment for maintenance of existing basins,
access channels to boat slips and boats slips to previously authorized depths or controlling depths
for ingress/egress, whichever is less, is authorized provided the dredge material is disposed of at
an upland site and proper siltation controls are used. Excavation activities will not occur during
the months of March, April, May, and June because of potential impact to lisp spawning areas.
r. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) of receiving waters channelward of the work.
s. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
t. The temporary placement or double-handling of excavated or fill material waterward of
the normal pool elevation is not authorized.
u. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System
Voltage, Kilovolts
--------------------------
115 and below
138
161
230
350
500
700
750-765
Minimum Clearance (11)
Above Bridge Clearances
20
22
24
26
30
35
42
45
Clearances are based on the low point of the line under conditions which produce tine maximum
sag considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gaging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform to
the special conditions of general (regional) permit No. 198100049.
v. If an easement to fill or cross State, utility company or Fcdcral property is required, such
easement must be obtained prior to commencement of work.
w. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
x. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permitter from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permitter will
4
not hold the United States liable for any such damage.
y. This general permit does not authorize any habitable structurc or associated facility Ior
nonwater-related use.
z. This general permit does not apply to structures within existing or proposed marinas. A
marina is defined as any publicly or privately owned dock, basin or wet boat storage facility
constructed to accommodate more than 10 boats.
aa. All work will comply with Water Quality Certification No. 3280, issued by the North
Carolina Division of Water Quality (NCDWQ) on June 1, 2000.
2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
fill material in waters of the United States will be consistent with applicable water duality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment standards
and management practices established pursuant to the Clean Water Act (33 U.S.(-'. 1344) and
applicable State and local law. If the proposed activity involves the discharge of dredged or till
material in waters of the United States, prior to the commencement of any work, the applicant
will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the need for it
Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general permit.
c. The permittee understands and agrees that, if fixture operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure Or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
d. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to comply with the terms or conditions of this general permit, will, within 60 days, without
expense to the U.S. Government, and in such manner as the Wilmington District Engineer may
direct, affect compliance with the terms and conditions or return the worksite to a prc-work
condition.
e. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
f. The pennittee must perform the work authorized herein in a manner so as to rniniu?iic
any degradation of water quality. The activity will be conducted in such a utanner as to prevent it
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designatcel
as trout waters by the North Carolina Division of Environmental Management (NCI)LM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less iu trout
waters, are not considered significant.
g. The permittee will permit the Wilmington District Engineer or his representative to utake
periodic inspections at any time deemed necessary in order to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
h. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws or regulations, nor does it obviate the regrtirc?ncnt to
obtain State or local assent required by law for the activity authorized herein. These may Include,
but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a Coastal Area
Management Act (CAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 140-12)
and a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
i. Authorization provided by this general permit may be either modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting on behalf of the Secretary
of the Army, determines that such action would be in the best public interest. Unless subject to
modification, suspension or revocation, the term of this general permit shall be five years. Ally
modification, suspension or revocation of this authorization will not be the basis for any claim 161
damages against the U.S. Goverrunent.
j. This general permit does not authorize the interference with any existing or proposed
Federal project and the permittee will not be entitled to compensation for damages or injury to the
structures or work authorized herein which may be caused by or result front existing or future
operations undertaken by the United States in the public interest.
k. This general permit will not be applicable to proposed construction when tile W11111111glon
District Engineer determines that the proposed activity would significantly affect the quality ol'the
human environment and determines that an Environmental Impact Statement (EIS) must be
prepared.
1. This general permit will not be applicable to proposed construction when the Wilmington
District Engineer determines, after any necessary investigations, that the proposed activity would
adversely affect areas which possess historic, cultural, scenic, conservation or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273),
those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and
recreational rivers established by State and local entities.
(2) 1 listoric, cultural or archeological sites listed in or eligible for inclusion in the
National Register of I listoric Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1()()2, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of Natural
Lanchnarks.
(4) Endangered or threatened species or habitat of such species as determined by the
Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species
Act ( 16 U.S.C. 1531).
m. Permittees are advised that development activities in or near a floodway may be subject
to the National Flood insurance Program which prohibits any development, including fill within a
floodway that results in any increase in base flood elevations.
n. At his discretion, the Wilmington District Engineer may determine that this general
permit will not be applicable to a specific constnrction proposal. In such case, the procedure for
processing an individual permit in accordance with 33 CFR 325 will be available.
o. The pcrnrittce or the permittee's successors will maintain the authorized work in good
condition and in conformance with the terms and conditions of the general permit.
13Y AUTHMITY OF TM, SECRETARY OF THE ARMY:
James W. DeLony
Colonel, Corps of Engineers
District Engineer
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