20021468 Ver 1_COMPLETE FILE_20020911

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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 12, 2002
Montgomery County
DWQ Project #: 02-1468
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Darwin Godwin
1571 Lilly's Bridge Road
Mt. Gilead, NC 27306
Dear Mr. Godwin:
You have our approval, in accordance with the attached conditions, to impact 0.064 acres of waters
for the purpose of shoreline stabilization at P & N Properties, Lot# 7 on Lake Tillery as you described
in your application dated September 7, 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 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 written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
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/ncwetiands

Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276111-7447. This certification and
its conditions are final and binding unless you ask for a hearing. j
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 Averitte
at our Fayetteville Regional Office at 910-486-1541.
1
Sincerely,
Attachments
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
File copy
Central Files
Of€ice Use Only: Form version 6} -sober 2001 ?
t1SACE Action ID No. UWQ No.-Q2 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
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

SEp 1 1
2. Nationwide, Regional or General Permit Numbers) Requested: 1!2 1 &04 3 b
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: 0
11. Applicant Anformation
1. Ownerli'xpplMa_ icant Information
?+ ,
Name: t- -A-1 k Yt.. to n L-0
Mailing; Address: _1 'S `r 1 L 11,.,
Telephone Number: ! (?` °Jci?9 Fax Number: (.?i 10) 11--3101
E-mail Address:
tion (A signed and dated copy of the Agent Authorization letter must be
2, Argent Info:a
ttached if Agent has signatory authority for the owner/applicant.)
Name: N
Company Affiliation:
Mailing Address:
Telephone Number.. Pax Number:
E-mail Address:
i
Page 5 of 12
Ill.
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 ',mist 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 I7-inch format;
however, DWQ may accept paperwork of any size. DWQ priefers 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::[ r Cs? I t na CL_ 010 ALL) s pa
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Ne Tow OL
Subdivision name (l lude phas t number): N3
Directions to site (include numbers, la , etc.):
L i ' ?.
5. Site coordinates, if available (UTM or LavLong): .?? o a S f7 ?'? ?-
(Note - If project. is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
5. De ibe the existing land use or condition of the site at the time of this application: eS iAe_Y1?C1C1V--
7. Property size (acres):
ll?r
8. Nearest body of water (streamlriverisound/ocean/lake):
\1 CAY.9. River Basin:
(Note this must be one of North Carolina's seventeen designated major -fiver basins. The
River Basin map is available at httg=//h2o enr state.nc.us/admihlmapsl.)
Page 6 of 12

10. Describe the purpose of the proposed work: Sh 01& i ,R,{° 5-it t IJ I Z
11. €.,ist the type of equipment to be used to construct the project: --tP r
12. Dew, rite the lend use in the vicinif this project: -,
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 NCDQT 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 fromthe :urgent 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, ,.pen water, and stream channels associated with the project. The applicant must also
provide ju?'3ifrcation for these impacts in Section VII below. All proposedi' impacts, permanent
and tempoi ry, must be listed herein, and must be clearly identifiable on an accompanying site
plan.. All wetlands and waters, and all strearas (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 «c the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigatio-, list and describe the impact in Section VIII below. If additional space is needed for
listing ox description, please attach a separate sheet.
Page 7 of 12
1. Wetland Impacts

Wetland Impact
Site Number
(indicate on
Type of Impact* Area of
Impact
(acres Located within
1100-year Floodplain"
a no Distance to
Nearest Stream j
(linear feet
Type of Wetland***

i

• Ust eac h trnpact separately and identify temporary Impacts. lnVWtS it MWC, Dtit are trot titnitea to: mecnawzea cleanng, gmaing, mi.
excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding.
'•' 100-Year floodplains am identified through the Faders! Emergency Management Agcy's (0EMA) 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 hill+Y/www-rC aov.
**' List a wetland. type that best describes wetland to be impacted (e.g., freshwatedsaltwater marsh, forested wetland, beaver pond,
Caroline Bay, bog, etc,)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
X 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 §trearm
Before Impact Perennial or
intermittent?
lease s

i

* LASt each unpact separately ana'!(entry MMPDrary rrrPacts. Inq)O s HWim C, oui awc ixx nuu=A w: a:uarccw assn eaa.,a .solos say .?,
dam (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 iV, crib wall, gabions, etc,), excavation. ditching/stftaightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated smeams 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
dowastresrn named stream into which It flows. USGS maps are available through the tJS at 1-800-358-9616, or online at
www,us¢s.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.t2n9Z2M-S .
www.maoauest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
3. Open Water '.impacts, 7 including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open W Qum Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
accres Name of Waterbody
(if applicable) Type of Waterbody ?
hake, pond, estuary, sound,
bay, mean, etc.}

tJ ,

' list each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging.
flooding, drainage, butte Bads, etc.
4. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands stream Q wetlands
Describe the method of construction (e.g., damlembankrnent, excavation, installation of
draw-down valve or spillway, etc.): IS) B
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
Minimizatimin;
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 dctrin construct'os1 to reduce impacts.

VIII. Mitigation
DWQ - In ::Lcordance with 15A NCAC 2H 0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or dual 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
t
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 prQWt opent waters such'as streirans; 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 USACF 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 Strmn Work in ,North Carolina, available at
htt :/ 2o.enr.state.nc.us/ncwetlgndatggpgiide.htmi.
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-arid 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. litigation may also be ma by paymen into the orth !Carolina Wetlands Restoration
Program (NCWRP) with the 's tten a t.! Check the box indicating that
you would like to pay into th 4ie ase th pa?ment into the NCWRP must be
reviewed and approved befo ito sa sfy 'tigation requirements. Applicants
will be notif{e ,early ial the try glands Unit if payment into the
NCWR.P is available as an pdditi al info anon regarding the application
process for the NCWRP, ch k we site at enrif
use of the NCWRP is pro k a appropn box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amou-it of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (apres):
Amourt of Coastal wetland mitigation requested (acres);
Page 10 of 12
IN. En-. t rottmeuUd Documentation (DWQ CJ1dx)
fps the project involve an expenditure of public funds or the use of public (federal/state/local)
laid?
Yes 0 No
if yes, does the project require preparation of are environmental document pursuant to the
requirements of the National or North Carolina Vivid txental Policy A requiredct cal?tltie 5A).
Note: If you are not sure wl?;ther a NEpA1S
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 13 No ? t v
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 D
X. proposed Ingocts on Marian mW Watershed Buffen (DWQ Only)
It is the a:ppplicant's (.or agent's) respansibility to determine, de"neate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
juatificatior 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 fire buffers. Correspondence from the AWQ
Regional Office may be included as aWropriate. 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 1dCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Suppl Buffer Requirements), or odd (.please identify l?
' es 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
mitir-ition is required calculate the required amount of rtxitigation by applying the buffer
Multipliers.
Zows a'..-.. *--61 1 Multiplier VJ41a.,.. 1
I 1 3 f
2 r 1.5
TOW ? 1 I
Zone t extends out 3U feet pmpendiculr from nm Wk or channel; Zara 2 extends see
aMtionsi 20 feces from the etigt of ZOW 1.
Page 11 of 12
buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
idenfiAd 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 storrnwater ^.Ontrols proposed in order to protect surface waters and wetlands
XH. Sewage Disposal (DWQ (hly)
Clearly detail the ultimate treatment methods and disposition (nonldischarge or discharge) of
waste am generated fr, the pra'ect. or available c pacity of the subject facility.
g2. F
XIII. Violadons (D?WQ Only)
Is thus site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No $?
Is this an after-th 4act permit application?
Yes ? No
XIV. Odwr Circumstances (Optkwal): j
It is the applicant's iasponsibility to submit the application suffic'lently in advance of desired
comstruction dates to allow processing time for these permits, owevcr, 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 Specie accessibility problems, or other issues outside of the applicant's control).

• •YYs....aav??VUa a ?7114iLUiS r -Date '(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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