20021323 Ver 1_COMPLETE FILE_20020820

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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
September 3, 2002
Montgomery County
DWQ Project #: 02-1323
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Sanford Miller
28 Broad River Road
Ormond Beach, FL 32174
Dear Mr. Miller:
You have our approval, in accordance with the attached conditions, to impact 0.0516 acres of
waters and shoreline for the purpose of stabilization at Uwharrie Point, Lot # 14, Pennington Ferry
Section on Badin Lake as you described in your application dated August 15, 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 rip rap 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
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
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. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Ken Averitt at
our Fayetteville Regional Office at 910-486-1541.
Sincerely,

zrr/' Alan W. Klimek, P.E.
Attachments
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
File copy
Central Files

The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 r? n r(U
Sam
1. Applicant Information
Yb;ii?i1 t1hilT? S?,TIO?!
1. Owner/Applicant Information
Name: 5A+JFolzD Ynl LL?R
Mailing Address: zb gRoAO R-I VEfL 2a??
0R-Wwt4D f3EAC# FL- 12114
Telephone Number: 9041 (o"1Z-"??13{ Fax Number:
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: ' ?l
Mailing Address:
Telephone Number:
E-mail Address:
II. Project Information
Fax Number:
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. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
Location
County: OLt0T&ovn>?t2Y Nearest Town: fRlc.kt 1?IE1.-D
Subdivision name or site address (include phase/lot number):UWI+AR21E PotOL t OT 1
Directions to site please include road numbers, landmarks, etc. (This is not pENNINGToN)
necessary if an adequate vicinity map is included): CTa2R`I SKTIoti
NG4g To VSAOjiJ LAKE RD (SR 1162-) , SOUTH ?a OLD MXTN STATE
f_t-LAG ENTYLANCF . LOT 14 IS loc.RTED /N PC-ONINGTON
1ruAz-f 51<GTi o m .
2. Describe the existing land use or condition of the site at the time of this
application: 5W&L.: F§ILIJ `i Su(3DIV'151o/V
EXISTING I*uslr oN G07-
3. Property size (acres): O.") S Ac.
4. Nearest body of water (stream/river/sound/ocean/lake): BAVIN I-Me-'E
5. Describe the purpose of the proposed work:-To WA8tL?VE AN EXtSTIOG
SM9;e,.IN15 Mr-> P"TECT- 1T F"wt A4ArHE(L EVoSION.
6. List the type of equipment to be used to construct the project: 'SWMt, 'TRAkTOR-I
130BCI14T , O PL Tmflly- R05
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 4GO SF
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: Iacm SF-
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): fA(ZTIAWA U=OEp LOTO NO
IktJOEtt.STog,l b0oWT+4 hfetwA G To S TIZ.EES it"Td l3" ('AUPC-fL
nnov?.
WIt,L- we
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
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
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]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 276994617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
LAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
GNA DESIGN A S S-, CC A7
I Eb. !NC.
?J5
June 25, 2001.
REPORT - PHASE I SHORELINE EVALUATION
Applicant - Sanford Miller
28 Broadriver Road
Ormond Beach, FL 32174
Location - Lot No. 14
Pennington Ferry Section
Uwharrie Point
Reservoir - Badin Lake
A. Shoreline Evaluation -
P/4 F
A shoreline evaluation of the subject property was completed on
6/7/02. A copy of the field notes and photographs are attached to
this report.
In general, the waterfront has an eroded shoreline with a height
ranging from 1 to 3 feet, with the northern limit of shoreline where
there is no erosion at all in a very small cove. Moderate
undercutting was observed with up to approximately 3 feet in the
center of the water front.
No vegetation was observed on the lake bottom below the shoreline.
Existing trees are present on the slope above the eroded bank.
There were no lap trees observed on the shoreline. Orientation of
the shoreline appears to present a moderate expost.tre to wind
driven waves and boat wakes.
GNA DESIGN
ASSOCIATES, INC.
428 East Fourth Street
Suite 408 [phone]
Charlotte, NC 28202
Fax[phone]
Principals
Teresa L. Hawkins, ASLA
Landscape Architecture
Jeff D. Oden, PE
Civil Engineering
B. Recommendations -
Based on the site evaluation for the property, we recommend that
stabilization be completed as follows:
Debris and branches that have washed into the small cove at
the north limit of the property can be removed at the owner's
discretion.
F. Lee Howell, PLS
Surveying
GNA DESIGN ASSOCIAT`S. INC.
Page Two
2. The owner shall be allowed to cut down and/or remove trees
only where they are located in the undercut area where the
overhang shall be removed as part of the stabilization. All
other trees shall remain along the shoreline. Contractor shall
use extreme care installing the stabilization in order to
preserve the existing trees.
3. The owner shall fill a small eroded "pocket" near the center of
the lot frontage in order to provide a uniform shoreline. The
pocket shall be backfilled with suitable soil material,
compacted in place then covered with the proposed filter
fabric.
4. Grade shoreline only where required and install stabilization
measures in accordance with Detail 2, Minor Rip-Rap
Stabilization (copy attached).
5. Vegetate disturbed area above rip-rap slope with Yadkin
approved ground cover plant materials.
JDO/lt/22C145
Attachments
YADKIN SHORELINE MANAGEMENT PROGRAM
PHASE I - SITE EVALUATION
DATE: (" 0Z
A. APPLICANT NAME: Lot No.:
B. LAKE: PdA?lIJ UwN'A2(z?E PoINT
Shoreline Length:
C.
D.
E.
F.
G.
LOCATION/ORIENTATION:
-Cove: -Open Water Exposure: _!?Y N
-Point: -Face Direction: _N_SX E -W
EXISTING VEGETATION: K606 Ob" ov,1a,IrLe, ho f6
Lap Trees: _Y vN
SHORELINE CONDITIONS:
-Rock: 4)0
-Ht. of eroded bank: O +D 3
-Slope above bank:
CONSTRUCTION ACCESS:
-Undercut depth: O 4-0 3
-Lake bottom slope: T,c__t_
-Lake bottom material: ?ya'd'L
rum
Wk wvIW S"

&K".

OTHER OBSERVATIONS:
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VOL
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To SCAT-E
VEGETATE DISTURBED AREA
ABOVE SLOPE
EXISTING GRADE

I
I
I CLASS 1 RIP RAP

2 I
EROSION CONTROL FABRIC------W-
\
-'----
LAKE
eOrroM
TYPICAL CONDITIONS
12" TO 36" ERODED CUT
WAVE EXPOSURE
11/10/99
FOR: SANFORD MILLER
LOCATION: LOT 14, PENNINGTON FERRY
RESERVOIR: UWHARRIE POINT, BADIN LAKE
PROJECT: SHORELINE STABILIZATION PROGRAM
PHASE I SITE EVALUATION
YADKIN, INC. - BADIN, NORTH CAROLINA
DRAWING TITLE: DETAIL
MINOR RIP RAP STABILIZATION 2