20030633 Ver 1_COMPLETE FILE_20030523

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May 30, 2003
Stanly County
DWQ Project #: 03-0633
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Robert A. Cohen
Post Office Box 545
Norwood, NC 28128
Dear Mr. Cohen:
You have our approval, in accordance with the attached conditions, to impact 0.02 acres of waters for
the purpose of shoreline stabilization at Piney Point on Lake Tillery as you described in your
application dated May 23, 2003. After reviewing your application, we have decided that this fill is
covered by Nationwide 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.
Conditions of Certification:
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 sea wall 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.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Alan Johnson at our
Mooresville Regional Office at 704-663-1699.
Sincerely,
FILE Alan W. Klimek, P.E., Director

JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
\0?0t W RT ?RpG
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ON 500101ralw?
DWQ Project No.:
Applicant:
Project Name:
County:
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
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401IMetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional . (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.
Date
UA
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), (httpJ/h2o.enr.state.nc.ustncwetlands
WQC #3373
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL PERMIT
NUMBER 198200030 (TVA. OR FERC REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT
198200079 (COE LAKE AND RESERVOIR MAINTENANCE,
REPAIR AND CONSTRUCTION ACTIVITIES) AND
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in
15A NCAC 2H, Section .0500 and 15A NCAC 213.0200 for the discharge of fill material to waters and wetland
areas as described in the Wilmington District's Regional (General) Permit Number 198200030 and Regional
Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213 .0200.
This Certification replaces Water Quality Certification (WQC) Number 2674 issued on January 21, 1992, Water
Quality Certification Number 3099 issued on February 11, 1997, and Water Quality Certification Number 3280
issued on June 1, 2000. This WQC is rescinded when the Corps of Engineers re-authorizes these Regional
General Permits or when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws. 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities which require approval under either of these General Permits but do not result in fill,
dredging or excavation of waters or wetlands (such as docks, piers or boathouses) do not require
written concurrence from the Division of Water Quality as long as they comply with all other
conditions of this General Certification. However, Condition No. 5 is applicable to all streams.in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written
concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two agencies in accordance
with agreements reached between the Division of Water Quality and the Division of Coastal
Management;
3. Activities which result in fill, dredging, or excavation of waters or wetlands under this General
Certification require written concurrence from the Division of Water Quality;
4. Measures shall betaken to prevent live or fresh concrete from coming into contact with waters of the
state until the concrete has hardened;
Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or
any other river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) requires written concurrence from DWQ in accordance with 15A NCAC 213.0200.
Activities listed as "exempt" from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide riparian areas
(whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico, Randleman and Catawba
River Basins shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable through the use
of best management practices;
WQC #3373
6. For sites with buffer rules in effect at the time of application, forested vegetation removed from buffer
areas for construction access purposes shall be re-established within the next growing season
following construction of the project;
7. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available
from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in'full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
8. Rip-rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection
of aquatic habitat. Construction over wetlands shall be elevated at least three feet above any
wetlands, and floating structures shall not rest periodically on the bottom;
9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
original grade restored after the Division of Land Resources has released the project;
10. If an environmental document is required, this Certification is not valid until a. Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
11. Piers and boat houses shall be constructed to provide for storage and removal of sewage rather
than allowing raw waste or other sewage to be disposed directly into surface waters;
12. Additional site-specific conditions may be added to projects proposed with fill under this Certification
in order to ensure compliance with all applicable water quality and effluent standards;
13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Regional Permit 198200030 or 198200079, whichever is sooner;
14. When written concurrence is required,. the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has
been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity that requires written concurrence
under this certification, if it is determined that the project is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3373
2
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lako shore or bottom under-the U.S. Army Corps of Engineers Permit
GP30. This Application, cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
. non-refundable application fee to the Division of Water Quality of %0-00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre. Q 6 3 3
03
Applications should be sent to:
Division of Water Quality Wetlands Unit FILE /
PY
1650 Mail Service Center
Raleigh, NC 27699-1650 wENNDS
401 GRQUp
401 ISSUE®- j MAY 2 3 203
1. Applicant Information N'?TEROV ?1 y
1. Owner/Applicant Information SECr?Q?1
Name: _ Robert A. Cohen
Mailing Address. P_ n R A Y 949
Nn 2R128
' I
Telephone Number: (7 04) 474- i Fax Number: l 7 04) 4 74 -7143
E-mail Address:_ Rob t o nnh e n 2003 gv5i1rQO- flow
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: N/A
Company Affiliation.
Mailing Address:
Telephone Number: Fax Number.
E-mail Address:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to • I•
local landmarks such as towns, rivers, and roads. Also provide 'a detailed site
plan showing property boundaries and development plans i?srelation to
surrounding properties. You may use the diagram below to make a*d sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: STANLY Nearest Town: NORWOOD
Subdivision name or site address (include phase/lot number): n T Nl.v Pn T NT
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):_ s i?ti? y l, r_ T N T TY MAP
2. Describe the existing land use or condition of the site at the time of this
application: _RrgTnI=TaT.7ut.nRt.ATTnNnr
3. Property size (acres): .37
4. Nearest body of water (stream/river/sound/ocean/lake):_ TA X17, Uti? T T T.TYR V
5. Describe the purpose of the proposed work:,
U) x mov silt and trash that has washed in over the years
1
6. List the type of equipment to be used to construct the project:
Capp--tinrg far Gpawal 1 /Trank Rx avator and Dump Trucks for
silt and trash removal. V
7. Amount of impact (including all excavation, backfill, rip rap,.retaining walls,
etc.) below the normal pool lake level in square feet or acres: a pp r ox . 10 0 0 S a f t
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: a nn r ox . 1000 s cT. F t .
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for i-6stance): 'non p
.,
5 19 2003
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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05124/2023 15:17 7044747143 PAGE 01
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your project. Also, see the example below for guidance. Both the vicinity map and
r? site plan must include a scale and north arrow. The footprints of all buildin;
(? J impervious surfaces, or other facilities must be included.
1. Location
County: Nearest T M? p0
Subdivision name or site add?ess ('include phase/lot number): ?
??
Directions to site please include road numbers, landmarks, etc
necessary if an adequate vicinity map is included): _
C-
J•
2.
time of this
3. Property size (acres3-7
4. Nearest body of water (stream/river/sound/occw444 ; io- k? l ?rr -
5. Describe the purpose of the proposed work: ,Sea LJ Ak 1
N ic ? -3- r ??4 a au?r
A
6. List the type of equipment to be used to construct the project:-- ??+?Rea fc• s r.J"
'Track evr-*u "/- -V ice-,,,,.o 4,.,-,fc s x'1.1..1 T...<<, 19..
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 11 oo 1, / em 57
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres:-. p u y ,Gob 'N
Applicant/Agedt's Signature - Date -
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
?k fq 1 g
r? -`?33
All 7S-
b, Please describe vegetation above the normal pool lak I and 50 feet land-
ward to be impacted (number of trees for instance):_ _ .?
05/24/2023 14:43 7044747143
PAGE 01
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
D 'J 1. Location r
County. Nearest Town: 110 CX\ Subdivision name or site ad ss (include phase/lot number): P? - IN
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land a or co dition of a site the time of this
application:
3. Property size (acres3 -7
4. Nearest body of water (stream/river/souad/oceand k? T I to
5. Describe the purpose of the proposed work: SCA W,4t - JWW
?. FeMOW 5 : r ,-
f eAI s
N7- 1
6. List the type of equipment to be used to construct the project: (-"4?keo fc. z r SrA ('JA
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: a c / ot?p Sy
8. a. Amount of impact (including all cleating, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: varur "'? a 'U
9 41
b. Please describe vegetation above the normal pool lak 1 and 50 feet land-
ward to be impacted (number of trees for instance):.LG
(Agent's signature is valid only if an authorization letter from the applicant is provided.)