20021309 Ver 1_COMPLETE FILE_20020912

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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
March 10, 2002
DWQ# 02-1309
Stanly County
Daniel C. Brooks
11133 Willow Oak Road
Norwood, NC, 28128
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Brooks:
You have our approval, in accordance with the attached conditions, to dredge 0.75 acre of waters at Lake Tillery to
allow for the construction of boat docks for the Townhouses at Piney Point in Stanly County, as described in your
application received by the Division of Water Quality on September 12, 2002, and in additional correspondence received
January 12, 2003. After reviewing your application, we have decided that this work is covered by General Water Quality
Certification Number 3373, which can be viewed on our web site at httD://h2o.enr.state.nc.us/ncwetiands . This
Certification allows you to use Regional 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. Also this
approval will expire when the accompanying 404 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. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. Spoil material shall be disposed of in uplands, and shall not be disposed of in wetlands or waters;
2. Dredging shall be conducted no higher than 2 feet below the full pond elevation of the lake (278 feet) unless you
provide justification showing this condition will not allow sufficient area to provide boating access, and receive
written concurrence from this office;
3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in
the 401 Certification has been completed.
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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
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 Mike Parker in DWQ's Mooresville Regional Office at 704-663-1699
or Cyndi Karoly at 919-733-9721.
i el
KI me , P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
Michael M. Austin, 7212 Nance-Tarlton Rd., Marshville, NC, 28103
021309
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Townhouses @ Piney Point' County Stanley
Project Number 02 1309 County2
Recvd From APP Region'
Received Date 9/12/02 Recvd By Region 1/21/2003
Project Type dredging
Certificates Stream Stream Impacts (ft.)
Permit 'Wetland Wetland 'Wetland Stream Class ' Acres Feet -
Type Type Impact Score Index Prim. Supp. Basin Req. Req. -
FG 30 (-Waters O Y @N r? 12-(136.7) WSIV B & CA 30,708. r 6.75F F- ?-
Mitigation wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 351315 Longitude (ddmmss) 800512
Comments:
The cove to be dr edged was observed to be relatively shallow and surrounded by woods on at least
50% of its perimet er. The back of the cove was littered with dead trees, floating debris, and the
remains of an old pier. The cove's bottom was covered with leaves, which will provide beneficial
aquatic life habitat . Given the existance of aquatic habitat present in the cove, it is recommended
that the only dredg ing allowed in this cove occurs no higher that 2 feet below the full pond elevation
of the lake (278 fe e) unless the applicant provides justification showina that this will not create
sufficient area to p rovide boating access for the proposed development.
(see next page)
cc: Regional Office
Central Office Page Number 1
Facility Name Townhouses @ Piney Point County Stanley

Project Number 02 1309 Regional Contact: Michael L Parker
Date: 3/6/2003
Comments (continued from page 1):
The applicant also noted the relocation of a ditch that carries stormwater which eventually feeds a
AI1 (lll\1 noted LIIG IGIVIS '
small pond located on th?ropedy. The applicant plans to move the ditch approx. 100 feet from its
present location so as to allow room for th . construction of an additional unit of townhomes. The ditch.
does not appear to be jurisdictional, therefore- its relocation should not require authorization by either
QW0 or the Corps. There are no plans to remove the existing pond at this time. It will also help act
as a ;r .alimrent colle ction device during the construction of the townhomes
1
cc: Regional Office Page Number 2
Central Office
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Triage Check List
Date: 103
? Project Name: TOVJ40WO Q? pinf-Y&VIE
DWQ#:
County: 5?adv Co.
To: ?
? ARO Mike Parker
FRO Ken Averitte ? WaRO -D
? WiRO ebe ?e /Z,
N5e_ lle L I -f k
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? MRO Mike Parker
RRO Steve Mitchell ? WSRO -sen i&LEa_ e
0,?,?f;
From: Ed,5Chwat-42-ma?1 Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
U W etiana aeteri?unaion auu ui?uui?c' ?v uiu?-.u.., J uiibavY ? KCVru vu v wr. vp..r.=.?ur.,'
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern

Comments:
fill 1d ;-fie vl5i? needeJ +e

why+hes
should be MOV8d Or CL I vet e
a?-
do V)l oond ?yn s.?e 5kornq wa+er Man NeM evwh
i55u?S_ ? w?}et' sccppl v bu??ecs.

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N. C. DETER VIVISIOA) aF WATEIZ OU14L/T`

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_ ATER UALITY SECTION
D F-A a. M2. t7orz)u Ir y ,
RE.Cl )ICD A COPY of V601t tf-rT9Q- TD MR. T5R.ootcc
vArcm car. 3., Roos. IN IZSCUARDS Ta COIL APPLlcATic)o
To DRCDGE ON LMM TILLER.y IM STAM .Y covury .
Tti E ue-r E IZ Re ow itED as Ta 0p)oTt9Gr yoo w l rl4 i J
THRSE u>EeKS _ 1F wG SEEK To 1-00"UE THE IIRcalEcr,
jJE CCRTAM TART WE MOST DEFj)VGTLy INTEND TO
PV(ZS vE TH E _'PRo ;X EGT.
- X F - YtO WILL EXTEt,ID TIC 15 APPLICAT t oYA -T U) ILL. P07'
T66erHER. T*IE KeaUIrsTED I.NF0V-MAT%DN AND SEr up
AN AppolNrthSAIT Tb fAEX&T WITH YOV !MYSELF-
TO ANSOF-F- ANJ FVJZTNCTZ WESTIDUS.
_ You many read nne b? -phont- ak 7oq - 6,z4 - ZZ22
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
v r` `BOkl;
lan Klimek, P.E., Director Division of Water Quality
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(DUK A
October 3, 2002
DW 2-1 09
Stanley County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED s EunlCvun? )
Mr. Daniel C. Brooks
11133 Willow Oak Road
Nora\ood, NC 28128
Dear Mr. Brooks: 5T (I/,'L?i cou n
On August 14, 2002 the Division of Water Qualit DWgi-mms mff=JIY receipt of your application
regarding your plan to till wetland for the purpose o redging on Lake Tillery in Transylvania County, Approval
front DWQ is required to disturb these waters. Please pr6vide-7copies o the o owing to orma ton and refer to
-the DW-Q-? fisted above-itt^y_our_reply?.In particular as described in 15A NCAC 213 .0502, we will require you to
locate all streams and ponds on the property. Please show these-on maps of suitable scale (for instance V-= 100--_
feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
t . Please indicate proposed lot layout as*overlays on the site plan.
Please indicate the location of the water supply buffers as overlays on the site plan.
3. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site
plan.
4. Please provide the location of any proposed stormwater management.
5. Please provide detail for the stormwater management.
6. Please specify the percent of project imperviousness area based on the estimated built-out conditions.
7. Please indicate all stormwater outfalis on the site plan.
8. Please indicate the diffuse flow provision measures on the site plan.
9. Please indicate whether or not the proposed impacts already been conducted.
10. Please complete Section(s) V1. XI, XII on the application.
11. Please provide 7 copies of the application, 7 copies of the site plans and other supporting information.
12. The need for a 401 Water Quality Certification triggers the review of the entire development.
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) \\eeks we will assume you no longer want to pursue the project and
ill consider it withdra\\ n.
Sincerely,
iR. Dorney
Water Quality Ce ific ion Program
.l RD/bs
Mooresville DWQ Regional Office
Asheville Corps of End-ineers
Central Files
File Copy ?j?
^I 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)
,919) 733-1786 (phone), 919-733-6893 (fax), (http:/ih2o.enr.state.r,.c.us/ncwettands
OF W ATFR Michael F. Easley, Governor
William G. Ross Jr., Secretary
-O Gy North Carolina Department of Environment and Natural Resources
j r- Alan Klimek, P.E., Director Division of Water Quality
October 3, 2002
DWQ # 02-1309
Stanley County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Daniel C. Brooks
11133 Willow Oak Road
Norwood, NC 28128
Dear Mr. Brooks:
On August 14, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill wetland for the purpose of dredging on Lake Tillery in Transylvania 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 211.0500.
L r. Please indicate proposed lot layout as overlays on the site plan.
2. Please indicate the location of the water supply buffers as overlays on the site plan.
s{? 3. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site
3ri? plan. 7
4. Please provide the location of any proposed stormwater management. `? Oct
5. Please provide detail for the stormwater management. - ;,-N 1;fivj C14
6. Please specify the percent of project imperviousness area based on the estimated built-out conditions.
7. Please indicate all stormwater outfalls on the site plan.
Please indicate the diffuse flow provision measures on the site plan.,,, lc?
9. Please indicate whether or not the proposed impacts already been conducted.
10. Please complete Section(s) VI, XI, XII on the application.
11. Please provide 7 copies of th application, 7 copies of the site plans and other supporting information.
12. The need for a 401 Water Qu lity Certification triggers the review of the entire development.
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 t is application will begin when this information is received. If we do not
hear from you by writing within thr a (3) weeks we will assume you no longer want to pursue the project and
will consider it withdrawn.
S' cerely,
R. Dorney
O1 Water Quality Ce ific ion Program
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy.,
&UQE 7_
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

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200231239 County Stanly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mr. Daniel C. Brooks
Address: 11133 Willow Oak Rd.
Norwood, NC 28128
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Willow Oak Rd. - Townhouses at Piney Point - on Lake Tillery
Description of Activity:
Excavate approx. 3,450 CY of accumulated sediment from approx. 0.5 to 0.75 acre area of
open water on Lake Tillery for the purpose of improving boating access. Dredged spoils will
be deposited on a contained, high ground location.
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. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work yor. must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Managen--e a?, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work A 4-w 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 August 26, 2002
Corps Regulatory Official Steve Chapin _ Telephone No. [phone]
Expiration Date of Verification December 31, 2004
cc: Mr. Michael M. Austin
CESAW Form 591
Revised July 1995
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j\`J) ENVIRONMENTAL NATURAL
IMPACT MINIMIZATION ZONE
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Lake Tillery Project Future Land Use Shoreline Classification Map 2 CP&L
Carolina Power & Light Company ?rn•r?••i:..;, r M,,,.,
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` bANIE.L ?ELE-Mo2 BROOKS
11133 VVIL Low 6AV- DR VC-
Nb2Wooo N.C.. 28128
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Tax/Gis Information on Parcel# 657301468817 Tax Record 216
Owner: BROOKS DANIEL C & ELEANOR B
11133 WILLOW OAK RD
NORWOOD NC 28128
Property Address: 11133 WILLOW OAK RD
Description: HSE 11133 WILLOW OAK RD
Values
Main Structure Value: $259,914
Land Value: $320,994
Other Structures: $28,232
'rota!: $609,140
Deeds/PiatsfWilis
Deed Reference 1: 703:76
Deed Reference 2:
Deed Reference 3:
Deed Reference 4:
Deed Reference 5:
Plat:
Wil!:
Other
Assessed Acreage: 12.87
Year Built: 1979
Sale Date: 41511999
Heated Area: 4932 Sq. Ft.

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-- ---- ---- -- - --- - - -- --- - - --- ---- -- -- ---- -- - ----- -- --- - - - - - -- --- - - ----
Office Use OIlly: f;tune Version October 2001
C1sACL Action ill No. -D%VQ No. OZI
If any particular item is not applicable to this project, please enter "Not Applicable" r i "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of (lie approval(s) requested for this project:
r Section X10-1 Permit
Section !0I'i;rmit
[vJ 401 Willer Quality Certification
[] Riparian or Watershed Buffer Mules
2. Nationwide, Regional or General Permit Nunibei(s)
3. If this notification is solely it 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: [- 1
Il. Applicant Information
Owner/Applicant Information
Nau?e:-------T?J?AllEL-
Mailing Address:-__- WI t_t.-cUW! O/?K-_-lZQl1?-------------.---------------
--- NcUfJAIOO R ---------------
'relephoue Number:_-?p? Fax Number:
L--mail Address: -
2. Agent Information (A signed and dated copy of the Agent Audimizatiou letter nulst be
attached if the Agent has signatory authority for the owner/applicant.)
-----
-- -- - -------------
Company Affiliation:__---
Mailing ----
Telephone Number:__- 7bl- -(¢ 12 I-ax•Number:_._.__.___----.-._-
F-mail Address:
Pave 5 of 12
III. Project Information
Attach a vicinity nian 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 ret wires information to be submitted on sheets no larger than 11 by 17-inch formatY
however, DWQ may accept paperwork of any size. DWQ pre ers ull-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 (tie 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: _Lub"Quses g 4 lpr?ey ?a;&? ---
2. T.I.P. Project Number or State Project Number (NCDO'r only):
3. Property Identification Number (T'ax PIN): Pgy j?
'TAX m-COO-P
4. Location
County:- ,5-nA.t_l.r;e Nearest'Town: hWr_iA2i2DD
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Faboa newanp rIJrLE
52 ReaZL_T"e
tl`c 34 rows A-U i'Vv- 1244 4 6R l uo w?LLOW ctcEEk 1eo.
5. Site coordinates, if available (UTM or Lat/Long):
(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.)
6. Describe the existing land use or condition of the site at the time of this application:-1}S.-
._ __ _ _1...__ t __ 1-1 11 -1 \ i % % .
C.
7. Property size (acres): ' -ro V
8. Nearest body of water (stream/river/soun(i/ocean/lake):.- LAY _QIA 3,y
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/adniiit/marrs/.)
Page 6 of 12
10. Describe the purpose of the proposed work: A? _Ll dui ?Y
- ? ? Q ?-.-?Yk1?Y1 o C1 a,r n
I V.
V.
Vl.
11. List the type of equipment to be used to construct the project:____&L
r
menI ---IQ?Ceri. S
12. Describe the land use in the vicinity of this project:
__?'
?,criA1.4i-ux?i
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. pre?ject, along with
construction schedules.
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:
__?c?r-.?:.E?.?F?.? T1?-?U11?L.1dE?---t?.?,L-1Y19YttE E_
Trz?`=-.-
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, pennanent
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 map)
Type of Impact*
_ Area of
Impact
(acres) _ Located within
100-year Floodplain**
(yes/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:•nrechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year Iloodplains are identified tluough 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.feiua. ov.
*** List a wetland type that best describes wetland to be impacted (e.g., 6eshwater/saltwater marsh, 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 strearns
Stream Impact
Site Number
(indicate on map)
'T'ype 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,
daurs (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 lie 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 tluough the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several iuleroet sites also allow direct download and printing of USGS traps (e.g., www.topozone.conr,
www.nraoouest.conr, 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 Ocean and any
other Water of the U.S.
Open Water Impact
Site Number

(indicate on map)
't'ype of Impact* Area of
Impact

(acres)
Name of Waterbody
if applicable)
( Type of Waterbod
Y
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact se parately and identify tempora ry impacts. Imnacrs inrlrulr No flooding, drainage, bulkheads, 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): ? 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 storlnwater 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 construction to reduce impacts.
4-? fn;tk r w?fe,1 'ctjua-}ic env%yon ch i',
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21J .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 v.Alue 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.us/ncwetlands/strmgide.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 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.
T_H A 1R,EA Te s : a nc_ ?.,? I c VIZ 4. ef' at, a C ve- :na e_ a
'W k
6C SAI 40 ?r re.maveA `\i.6 rs?t/Y?c?Gd at 'DDrnA. • 5 S
? D eftyjs ?
Ss14 t ba -?vG.ns7tbtW ?s 4 -lop lrwr ? eA'Q"- 4.A
Un4l'f JQAI?SeaaA avi J S C? o ?I?
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 httl2:/1h2o.enr.state.nc.us/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 0
X. Proposed Impacts on Itiparian 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 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No Q 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
- /-one i ex?enus out iu reel perpenuicular trom near banK of channel; "Lone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required, please discuss what type of mitigation is p;oposed (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
identified within 15A NCAC 213 .0242 or.0260.
X1. Storniwater (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.
X11. 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 Qr
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. Howev°r, 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 vJth Endangered and
Threatened Species, accessibility problems, or other issues outside of the aijilicant's control).
-/Z/ - OZ
Applicant/AgeKs Signatfure Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
.. r...
Plans by Mika Austin
7212 Nance-Tarlton Rd. ? Marshville. N.C. 28103-8580 Union
Phone [phone]
January 12, 2003
NO STREAMS ON PROPERTY
NO WETLANDS
NOT IN 100 YEAR FLOOD PLAN
4( MARY-5 5ri-C. 4-o cATI or!
UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
58000omc 581 '82 583 5'
l
v- x
? l= '?-.r?1.?.• T
3900000-Nt (i /0
t r ll Ra??;
%?2V
`J Z5? Norwood
3899;,- ` )Beach
350,-ki '(I
i IK' ?~?? ?11,?' f 4?i,( SPILLWAY ELEV 278
Alorw o
?- \
?
•?? J?\?`? ?/?/i /III){?? / I ' •??,, ? -?•?. ?
?? ,?. ti _ u .'• ??? I\.-' ., ',{y\,A? `.? ., 300
?uurse
'897
J ~-I .?:?• '-j ?\???- ? ?5 ? \ Sea \? •- ?) ? _. - • -" ?'- ^?(?°° ??a, ' ; ( =' _ •? \`'\? ; ; y_
50
30
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317
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lS ?Y1 zbnr C
a_c r??n?rn4? -?'?oo??rn
1 , O MAP
50C=Year Flood BoundaryZ6NEB
100-Year Flood BoundaryZone Desiltnations* With
Date of Identification
e.g., 12/2/74

100-Year Flood Boundary'ZONE? B
500-Year Flood BoundaryBase Flood Elevation Line
With Elevation In Feet**
Base Flood Elevation in Feet
Where Uniform Within Zone**
---513
(EL 987)
Elevation Reference Mark RM7x
River Mile • M1.5
**Referenced to the National Geodetic Vertical Datum of 1929
*EXPLANATION OF ZONE DESIGNATIONS
ZONE EXPLANATION
A Areas of 100-year flood; base flood elevations and
flood hazard factors not determined.
AO Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; average depths
of inundation are shown, but no flood hazard factors
are determined.
AH Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; base flood
elevations are shown, but no flood hazard factors
are determined.
At-A30 Areas of 100-year flood; base flood elevations and
flood hazard factors determined.
A99 Areas of 100-year flood to be protected by flood
protection system under construction; base flood
elevations and flood hazard factors not determined.
B Areas between limits of the 100-year flood and 500-
year flood; or certain areas subject to 100-year flood-
ing with average depths less than one (1) foot or where
the contributing drainage area is less than one square
mile; or areas protected by levees from the base flood.
(Medium shading)
C Areas of minimal flooding. (No shading)
D Areas of undetermined, but possible, flood hazards.
V Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
not determined.
V1-V30 Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
determined.
'
5I
1 E
NOTES TO USER
Certain areas not in the special flood hazard areas (zones A and V)
may be protected by flood control structures.
This map is for flood insurance purposes only; it does not neces-
sarily show all areas subject to flooding in the community or
all planimetric features outside special flood hazard areas.
For adjoining map panels, see separately printed Index To Map
Panels.
INITIAL IDENTIFICATION:
JUNE 9, 1978
FLOOD INSURANCE RATE MAP EFFECTIVE:
DECEMBER 1. 1981
Plana bv Mike ANN
i
FY
7212 Nance Tarlton Rd. 1 Marshville. N.C. 28103-8580 4 Union
Phone [phone]
i
s r
_ November 21, 2002
i DWQ# 02-1309
Stanly County
Attn: John R. Dorney
401 Water Quality Certification Program
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Dear Mr. Dorney,
Since I am unable to reach you by phone and voice messages to you have been unsuccessful, I am attempting again
to supply you with accurate documentation that will allow for dredging on Lake Tillery in Stanly County. Ref.
USACE ACTION ID No. 20023129, DWQ No. 02-1309 (PCN) Application Form Pages 1 thru 12. Also see Pages
1 and 2 of 2 which supplies you with skethes of the proposed site and minor details.
The sketches have not been presented to the engineers because if dredging is denied the scope of the project will
change. Townhouses will not be profitable and the property will be cut into lots for single family residents.
Again 1 urge you to meet with me and discuss the possibility of dredging on Lake Tillery.
Sincerely,
Michael M. Austin
Agent
a C. Brooks
I downer

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Office Use Only:
Version May 2002
Norm
USACE Actien ID No. 200231239 DWQ No. - 02-1309
(if any partial:`-. item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
1. Ctt ck all of the approval(s) requested for this project:
X Section 404 Pennit Riparian or
Watershed Buffer Rules
Section 10 Permit Isolated Wetland
Pert-nit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regionafor General Permit Number(s) Requested:-
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 (verify availability with NCWRP prior
to submittal of PCN), complete section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties
(listed on page 4), and the project is within a North Carolina Division of
Coastal Management Area of Environmental Concern (see the top of page 2
for further details), check here:
Applicant Information
1. Owner/Applicant Information
Name: Daniel C. Brooks
Mailing Addess:11133 Willow Oak Road
Norwood, N.C. 28128
Telephone Number: 704-485-3221 Fax Number:
E-mail Address:
2. Agent/Consultant 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: Michael M. Austin
Company Affiliation: friend
Mailing Address: 7212 Nance-Tarlton Rd.
Marshville, N.C 28103
13lione Number: 704-624-2222 Fax Number:
E-mail Address: Austinmaxx.com(&,AOL
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 MRCS 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 USACI requires information to be
submitted on sheets no larger than 11 by 17-inch for mat; 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.
Name of project: Townhouses at Piney Point
TIP Project or State Project Number (NCDOT Only):none
Property Identification Number ("fax PIN):Parcel No: 57301468817
4. Location
County: Stanly Nearest 'Town: Norwood
Subdivision name (include phase/lot number): _
Directions to site (include road numbers, landmarks, etc.)
From Downtown Norwood take 52 South. Bare left on to Fork Road
at Food Lion Take Piney Point Road on the left. After Piney Point
Golf Course Club House, the third road to the left is SR 1800
.
Willow Creek Road, property is on vour right
5. Site coordinates, available (UTM or Lat/Long):
(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.)
Property size (acres):12.87
Nearest body of water (stream/river/sound/ocean/lal,,e):Lake Tillery
River Basin: Yadkin
(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/nrapsi.)
Describe the existing.conditions on the site and general land use in the vicinity of
the project at the time of this application:The land is an open field planted
it is
trees
ake
I
4 . J
1=
I land use s
T
1 ?{
Describe the overall project in detail, including the type of equiptnte;
.ct is to dredge out a
CP&L lowers the la
allow for a common area at lake for townhouses. ! Explain the purpose of the proposed work:
allow us to dredge out a small nortio
urrounuung
I line.
,-it to be used:
ve basin witl
vith a loader
t. This will
i DW is to
to create a
common area for boat dockine.
- 'r
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.None _
i
i
Future Project Plans
i;
Are any future permit requests anticipated for this project? If so' describe the
anticipated work, and provide justification for the exclusion ofj,t? s work from the
current application. None
I
J
Proposed Impacts to Waters of the United States/Waters of the St'W
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 beilisted 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
i
?sf
51
i;
5?
f i
f
i
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.
Provide a written description of the proposed impacts To remove approx. 3,450
yards of silt or dredue out 3/4 of an acre in a cove at LakAillery.
„
Individually list wetland impacts below: This is not in floodplain and there are
no streams on property. i
Wetland Impact Site Number (indicate on map)Type of Impact*Area of Impact (acres) Located within 100-
year Floodplain** (yes/no)Distance to Nearest Stream (linear feet) Type of Wetland*** * List each
impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing,
grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts cue to both structure
and flooding.
** 100-Year tloodplains are identified through the Federal Emergency Management Agencyts (CEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local Floodplain maps. Maps are available through the TEMA
Map Service Center at 1-800-358-9616, or online at IIt:!it?NvNv.Icn1a.V10%.
*+* List a wetland type that best describes wetland to be impacted (e.g., fresliwater/saltwater marsh, for.tstc .i wetland,
beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to 1?, :ride by
USACE only).
IList the total acreage (estimated) of all existing wetlands on the pvjjA:rty:
NONE
Total area of wetland impact proposed: NONE
Individually list all intermittent and perennial stream impacts belgw:No :,,reams
s
on or around property.
Stream Impact Site Number (indicate on map)Type of Impact*Length of Impact (linear feet)Shcam
Name* *Average Width of Stream Before ImpactPerennial 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 (includy linear feet before and
after, and net loss/gain), stabilization a.: tivities (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 U l (wmamed 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.gr s _o . Several internet sites also allow direct download and printing of
USGS maps (e.g., ??w_?.tu xuou? curl. ??? .:mu?L,:t:cunt, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NONE
Individually list all open Hater impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:
'i
1.,
Open Water Impact Site Number (indicate on map)Type of Impact*Area of Impact (ac es)Naoie of
I 'J
Waterbody (if applicable)Type of Waterbody (lake, pond, estuary, sound, bay, ocean' etc) Yadkin
River Basin Dredge 3/4 acre in a cove on Lake Tillery *List each impact separately and id. utify
temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, lliiojiq?, drainage,
bulkheads, etc. P
i
Pond Creation Silt pond will be required above dredge site but;will be
(Erosion & Control Plan) uoverned by local enviromental'and health
department. If construction of a pond is proposed, associated wetland and streani`impacts
should be included above in the wetland and stream impact sections. Also, the
proposed pond should be described here and illustrated bn any }naps 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, e? cayation,
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 are4:_
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 layo, uts, 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 construction to reduce impacts.
To avoid unnecessary impact to aquatic enviroment dredging will be done in
agreement with CP&L'4 lowering of lake to min. depth. A 'temporary silt
fence will be constructed to filter runoff water before it enters into lake.
Mitigation
DWQ - In accordance with 15A NCAC 21-1 .0500, mitigation may be r_a tired by
the NC Division of Water Quality for projects involving greater Than t;•- vqual to
one acre of impacts to freshwater wetlands or greater than or equal to 150 linear
feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modifi•: !;t-,n of
Nationwide Permits, published in the Federal Register on March' 9, 20 '
mitigation will be required when necessary to ensure that adverse effe(a3 Io 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
s
g,f
r
considered in determining acceptability of appropriate and practicable mitigation
as proposed. Examples of mitigation that may be appropriate anq practicable
include, but are not limited to: reducing the size of the project; establishing and
maintaining wetland and/or upland vegetated buffers to protect Qpen waters such
as streams; and replacing losses of aquatic resource functions avalues by
creating, restoring, enhancing, or preserving similar functions and values,
preferable in the same watershed. `t
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 applicatiop co?nplele 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'i Draft Technical
Guide for Stream Work in North Carolina, available at
liter://h2o.enr.st,ite.ne.us/iicwetlands/str,,? i.lejanil. E
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.
Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's
responsibility to contact the NCWRP at [phone] to determine
availability and to request written approval of mitigation prior to submittal of
a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at
<http://h2o.eni-.state.iie.us/wrp/index.htm>. If use of the NCWRP is proposed,
please check the appropriate box on page three and provide the following
information:
4
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):!
Amount of Riparian wetland mitigation requested (acre9:_
Amount ofNon-riparian wetland mitigation requested (acres):-„
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) finds or the use
of public (federal/state) land?
Yes No X
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 (91 9) 733-5083 to review
current thresholds for environmental documentation.
Yes No X
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 (required by DWQ)
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 15,k NCAC 2B
.0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15X. NCAC 2B .0230
(Randleman Rules and Water Supply Buffer Requirements), or other (hle,se
identify --)?
Yes No X If you answered "yes", provide tl'i: 4lowing
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*hnpact (square feet)MultiplierRequired Mitigation1321.5Tota1* Zone 1 extends out
30 Icet perpendicular from near bank of channel; Zone 2 extends an
additional 20 teet Irom the edge of Zone 1.
If buffer mitigation is required, please discuss what type p f 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 identified within I i'l t-ICAC
2B .0242 or .0260. I t , ,
r, E
Stormwater (required by DWQ)
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.
Sewage Disposal (required by DWQ)
i
Clearly detail the ultimate treatment methods and disposition (poi-discharge or
discharge) of wastewater generated from the proposed, project, or available
capacity of the subject facility.
i
Violations (required by DWQ)
Is this site in violation of DWQ Wetland IZules (15A NCAC 2H .0500) or any
Buffer Rules?
i.
Yes No X
Is this an after-the-fact permit application?
Yes No X
Other Circumstances (Optional): k
It is the applicant's responsibility to submit the application suLfficiently in advance
of desired construction dates to allow processing time for these permits.
However, an applicant may choose to list constraints associated vYith construction
or sequencing that may impose limits on work schedules (e.g., draw-dry vii
schedules for lakes, dates associated with Endangered'gnd Threatened Sp .ties,
accessibility problems, or other issues outside of the apiplicant's control).
S
a
Applicant/Agent's Signature Date
? i
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11133 Willow Oak Rd
Norwood NC
28128-8492 US
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August 22, 2002
Daniel C. Brooks
4323 N.C. 205
Oakboro, NC 28129
Re: DWQ # 021309 Townhouses @ Piney Point
Dear Mr. Brooks:
On 08/19/02, your application for 401 Water Quality Certification for the purpose of dredging an area
located in Lake Tillery for boat slips at the common area in Stanley County. The N.C. Division of Water
Quality received county. 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 wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the
fee is $475. In order for DWQ to review and process your request, you must send a check in the appropriate
amount made payable to the N.C. Division of Water Quality attached to your application.
1. Please reference the DWQ # when resubmitting the fee.
2. A total of (7) copies of the application must be submitted with fee.
Please call me at 919-733-3575 or visit our web site at http://h2o.enr.state.nc.us/ncwetlands if you have
any questions regarding this fee.
Sincerely,

Michael Horan
Environmental Tech.
Enclosure or Attachments
CC: Michael M. Austin
7212 Nance-Tarlton Rd
Marshville, NC 28103
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
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
M
OEM
Customer Service
1 800 623-7748
0 213 09.
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Lake Tillery Project Future Land Use Shoreline Classification Map 2 CP& L
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Ail XI

Tax/Gis Information on Parcel# 657301468817 Tax Record 216
Owner: BROOKS DANIEL C & ELEANOR B
11133 WILLOW OAK RD
NORWOOD NC , 28128
Property Address: 11133 WILLOW OAK RD
Description: HSE 11133 WILLOW OAK RD
Values
Main Structure Value: $259,914
Land Value: $320,994
Other Structures: $28,232
Total: $609,140
Deeds/Plats/Wills
Deed Reference 1: 703:76
Deed Reference 2:
Deed Reference 3:
Deed Reference 4:
Deed Reference 5:
Plat:
Will:
Other
Assessed Acreage: 12.87
Year Built: 1979
Sale Date: 4/5/1999
Heated Area: 4932 Sq. Ft.
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PAGE 4 of !z S ITE -PLAN

9
J
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DRNIEL `?
Office Use Only:
USACE Action ID No.
No.
Form Version October 2001
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
R 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
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: Dah trt_ a
Mailing Address. g 23 ?c 2e
2
Telephone Number:_ Toy- 85-3221 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: f?,a?:a?ti M, Auer„?
Company Affiliation.
Mailing Address: - ,
fthjS
Telephone Number:'7t>14 -&24-7222 Fax Number:
E-mail Address:
Page 5 of 12
III. 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 pre ers 01111-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: -F6il1n of 7pi n e?t IPoIrL-?
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): haued Na. 65736114(a8817
TA x P eco tzo 7-16
4. Location
County: :5-ryNhkLX1 `J Nearest Town: _ NOtZtAMOr 1
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Fgem No wn0b rV414Z
52 5 4-o 131 4-vrn le4? &C-C 3.31 en }b l byll Roryo -AYct
+ vrn crt 42 Tih? F?IA+ Raa,d ffik-Y G: olf covY c Club ?oUsc
-tl•c 3„d roar3 +0 Ike- t?44 is 5R t 6t)o tat oW c4z.EEK 14 O.
5. Site coordinates, if available (UTM or Lat/Long):
(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.)
6. Describe the existing land use or condition of the site at the time of this application: s ?
C.
7. Property size (acres): 2Yy gr-y 5 i2o rax •3 4-14 ids of i '
8. Nearest body of water (stream/river/sound/ocean/lake):- LyA t J1-
jLL
ERy
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/rriaps/.)
Page 6 of 12
10. De
scribe the purpose of the proposed work: ^a? ?n I? d???_
4-5 n4k !5A.1 RS 12 t rt2m.mbex
11. List the type of equipment to be used to construct the project:_ v a ' ??'T
Men ?O yethoyf° Sl?? Yam St}G 4M
12. Describe the land use in the vicinity of 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 NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N b hl L
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:
..__ _?or?r ?t_tPc, P?? CPErr G)IDFI1 ?cs?? nlA-n,r?a
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 tc
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
'177_.
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 htip://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, 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 Im act Perennial or
Intermittent?
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 internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mwquest.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 Ocean and any
other Water of the U.S.
Open Water Impact Area of Type of Waterbod
Site Number Type of Impact* Impact Name of Waterbody y
(lake, pond, estuary, sound,
(indicate on ma) (acres) (if applicable) bay, ocean, etc.)
>Eb VRUL At
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
flooding, drainage, bulkheads, 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): ? 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 construction to reduce imnar_tc_
d
fr 1 IrYbm run a V4
4-0 eo, ai'7C?? Q?u0.?}IL tM1VlVOMCKT,
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
littp:Hii2o.eiir.state.nc.us/ncwetIaiids/strmgide.htnil.
e.htnil.
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 reap, 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.
-!lid-avt _ f b 6e d vtd uc1) is %2 61 3/4 Of an ac ra . -Me-
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:Hli2o.enr.state.nc.Lis/wrp/index.iitm. 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
unf?.(?_l??sc?Qt? ycscede?.
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 [ v?'
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 Q
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 [2r
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 Q 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
(s u are feet)
Multiplier
M?uation
1 3
2 1.5
Total
..- ..a vu. w .cct pclpcnwcu.ar rrom near. oanK of channel; Zone 2 extends an
additional 20 feet from the edge of zone 1.
Page 11 of 12
-'t, . .
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 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 stonnwater 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 2H.0500) or any Buffer Rules?
Yes ? No [?21
Is this an after-the-fact permit application?
Yes ? No r
XIV. Other Circumstances (Optional):
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 Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Age is Signat re Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
V-02
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DWQ# O2 l'3f97. Date
$$) Plan Detail Inco iplete
- ? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? PJease indicate all buffer impacts on the site plan.
C?//PI se indicate proposed lot layout as overlays on the site an.
'V* K SK6y j?
Pleas ' icate the location of the protected b ers as o ays on the site plan.
Please locate all isolated ornon-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
dr Please provide the location of any proposed stormwater management practices
W P"lease provide detail for the stormwater management practices*@ osgw IC
Chi Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Plea ' dicate all stormwater outfalls on the site plan.
indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
$$) Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why
it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please
revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please
revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse
flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater
can be discharged through the buffer.
$$) Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was request. Please provide $
This additional fee must be received before your application can be reviewed.
1? Please complete Section(s) the apjjGatior T
? Please provide a signed copy of the application. X
Please provide copies of the application, copies of the site plans and other supporting information.
$$) Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
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