20110092 Ver 1_Individual_20110127

201 10092
January 25, 2011
Ali
To Whom It May Concern,
Per my conversation with Sue Homewood, attached are 5 copies of the 401 Water Quality
Certification application, including the requested site and location maps, and the application
fee. We are trying to secure the permits in time for the official High Rock Lake draw-down
period in February.
I have also attached a copy of the recently granted GP30 permit from the Army Corps of
Engineers.
Any effort to expedite this approval would be greatly appreciated.
Sincerely,
Mary Taylor
taylormlt(atriad. rr.com
336-682-1987
L=C??EV?
JAN 2 7 2e1:
DENR - WATER QUALITY
WEMNDS AND STORMWATER BRANCH
201 10092
The following is an abbreviated application form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide five (5) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of $240.00
for impacts to lake bottom of less than 1 acre and $570.00 for impacts to lake bottom of greater or
equal to 1 acre.
Applications should be sent to:
Division of Water Quality 401 Oversight/Express Review Permitting
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information P A I ?.
1. Owner/Applicant Information -?
Name: Pi94
Mailing Address: Slo ?' S?Ji ?, Z tL (L? .? E
LEW,s,-i L_L C% t-j L Q
Telephone Number: 3-&, U SS D l 1? -S-1 Fax Number: " aa-L,- a
E-mail Address: ?--1 rr?c? • .(? . c_o?k:t
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: JAN 2 7 2elt
Mailing Address: DENR-WATER QUAUTY
WErIMMANDWORIMERD
Telephone Number: Fax Number:
E-mail Address:
II. 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. You may use the diagram below to make a
hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
Location
County: _?D w ?sc?-?,3 Nearest Town
Subdivision name or site address (include phase/lot number):
-Leyc%c,14C-?-pti I L?sy?iloat?
2- C-LO
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): L i-j,,j s)o ' S ,rN '2-O

2. Describe the existing land use or condition of the site at the time of this application: ?e5, i 1 ?? ?1L
3. Property size (acres): C'rc
4. Nearest body of water (stream/river/sound/ocean/lake): ?i G. N
5. Describe the purpose of the proposed work: u
`IBC ?> ?GV1 yL E?? cs G Qc
6. List the type of equipment to be used to construct the project: 2ny? ?c? bob C_-?- I CI ?D
VyLk?c
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: ` i 4 CSC Cam.
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:
(\
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): V1. o ?,--\ -z_

Applicant/Agend Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
M
Davidson County Map Output Page
Page 1 of 1
Davidson County GIS

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Scale: 1 in. = 45 ft. ff HMO 1 1;1w
The information contained on this map does not replace information that may be obtained by
consulting the official source of the information. In no event shall Davidson County, NC or the
consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use
of the information contained on this map,
http://webgis.co.davidson.ne.uslservletlcom.esri.esrimap.Esrimap?ServiceName=davidson... 1/12/2011
• 1162 Riverview Boulevard, Lexington, NC - Google Maps
Page 1 of 1
C' Address 1162 Riverview Blvd Get Google Maps on your phone
?. ? . c maps Lexington, NC 27292
rText the word "GMAPS" to 466453
Or
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http://maps.google.com/maps?q=1162+Riverview+Boulevard,+Lexington,+NC&sll=35.70... 1/25/2011
C 1 1 0 0 9 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 11). 201100115 County: Davidson USGS Quad; Southmont
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Marv Taylor
Address: 5604 Saddlebrook Drive
Lewisville, North Carolina 27023
Telephone No.: 704-992-3691' 33 ? ( C"2- ) I {'7
Size and location of property (water body, road name/number, town, etc.Property located off of 1162 Riverview
Boulevard, south of Linwood, in Davidson County, North Carolina. The project is located adjacent to High Rock
Lake (Yadkin River).
Description of projects area and activity: This permit authorizes the excavation of accumulated sediments from
approximately 0.23 acre of the lake bottom of the jurisdictional waters of tligh Rock Lake. See attached
conditions that apply to this proiect.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
pemvttee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to conunence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to deternnine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding tlus er fication, any of the conditions of the Permit, or the Corps of Engineers regulatory
program please contact John Thomas 0n 197 4-4884 ext. 2$:
Corps Regulatory Official > Date: 01/13/2011
Expiration Date of VerificatioT 01/13/2013
The Wilnungton District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http:/ wwwsaw.usace.annv.mil/WETLANDS'index html to
complete the survey online.
'7
JA N
Page 1 of 2 7 1D1
3ToRqW
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action tinder the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Property adjacent to High Rock Lake which flows to the Yadkin River and the Atlantic
Ocean.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Manuele, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of die date of the NAP. Should you
decide to submit an RFA form, it must be eceived at the above address by March 13, 2011.
o
f object to the determination in this correspondence.**
**It is not necessary to submit an R1 /If, to the Distri Office if yo79/11
Corps Regulatory Official: _J
Date 01/13/2011 1 Expiration Dat? 01/13/2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS. ETC., MUST BE
AT`I'ACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Fumished:
Page 2 of 2
NOTIFICATION OF ADMINISTRATIVE APPEAL. OPTIONS AND PROCESS AND
REQUEST FOR APPEAL.
Applicant: Mary'Faylor File Number: SAW 2011 Date: January 13, 2011
100115
At tached is: See Section below
^T
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
permission) A
PROFFERED PERMIT (Standard Pen-nit or Letter of permission) B
PERMIT DENIAL C _
APPROVED JURISDICTIONAL DETERMINATION D _
?
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -The follmving identifies your rights and options regarding an ;?ihttinistrati?'c: tpl?e;ti of the atxj%, i
&-cision. Additional inrorniation may be lwntl it, n"l`inet finctions?r:.y cccwo;'rt: or
Corp r?:? oaiioiis at :33 C[I Z P.trt 331. _
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit,
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SFICTiON 11- RI--QUJ S'I` FOR APPEAL orowt -r[ONS TO AN INITIAL PROFFERV-D PERMIT
Rl 1StJNS H)R APPI" Ni. OR (M-1 1-C I IONS: (I)cscrihc Noiur rc.t?ora li_,r alrh alitr? tltc olcx'?s?c?n ter Wtor
oblccllo w; to an initral prof l :red pt:mitt rit clear c:t'woise still cntt~:tats. 1"t1;r 111?o:. ;rltichl roltiitioll:tl illfontt.ttioil Its
this form t<;t clarik y' 4 hvi-Q ottr ["t ftiF,t'"i or Cil??eCCto:itlS ,'trt, addressed ill the record
ADDITIONAL l"sl"OI ?l.1 I ION: I he appeal is limited to a reN wNv of the aolnriratstr;ziiv'c rcc ord, the Corps
MCrtror,tndtim for tltc rLxo7rd ref the aplical corifcrcut or iw:c6m--..wd xiN supplc•m:wlil inl irrtiation that the
rc•t is"c cal'ticcr "ha", dct?:rnt?rrcxf is trcccled to c l,>rr1? tl%c adminisir iw'.: rctotrd, Ncith r the apilcllant nor the Corlis
rrt;r%? aIdkl trcN Ill fortrratloll or artalvscs to the accord. I lovvvy cr, Nou nm; hrr?N rclo: a iviortal mti017L 2atitltt to Clarify'
1110 location of rnl'onnatron thal is'-dready itt file acirrunistrativc record
POINT OF CONTACT FOR Q,JU S'J IONS OR INFORMATION:
if you Itav c yucstions rc rdnr this dec,srort If' toff orrlN lraV c k'lcEi'st1011; tti ,rrdtnl? tlrc appc:?l pro ev"", Not)
and o„ tht, appc d proccwss %'o)tt rtray contacr rtta? cl o cortt,t::t:
John Thomas 0 1) 11) 55-L48,1-,4 c,t 2 'sir. ',Iil;,t; Ilell. Administrativc; Appc; Rci''tevv 0111ccr
t',S. Army Cor'p? oaf l rii:ttccrs, South Atlantic t)it tiio,at
N) Forsyth Street. Room, 9,101:~
Atlwoa. Gcor>aw . ts:wt), ??> t)l
10(d i i Of 1,N`I'R): four stgtraturc liclo\% ? ,tart, the r: tlrt o l'cutry to Corps of I?m6ricc:rs lxersc?nno:l.:trtd ally
gtrc,rtrrncr?t r. oi?tstilttittts, Iri ecaridttct Oftbc l,r0'li:l I :sift: during lht~ court o; ow?f.tht alapc tl pr'o cttS". N'oru
will be prop 0cd a 15 day rtoticc of any site im cstigatioan. and will lime the opporturiaN to participate in all site
int°c.?ti?.rtto???.
Iatc:I`??lephoric nurttbc;r:
Sig aluru of a p pellriill or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Jean Manuele, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801
Action ID Number:SAW 2011 00115 County:Davidson
Permittee: Mary Taylor
Date Verification Issued: Januarv 13, 2011
Project Manager: John Thomas
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
69 Darlington Avenue
WILMINGTON, NORTH CAROLINA 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: December 18, 2007
Expiration Date: December 31, 2010
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States
and waters of the United States, upon recommendation of the Chief of Engineers,
pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403),
and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and
modified by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES
IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY
(TVA) IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of
generating hydroelectric power and/or providing water supply. They were constructed
and are operated by public utility companies or under laws and regulations administered
by the TVA. Activities within these waters are the primary concern of, and should be
regulated by, these parties. This general permit applies to all waters on or within lands
owned or under flowage easement to public utility companies and the TVA. Activities
authorized are:
1. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps,
jetties and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
2. Excavation and maintenance of recreational boat basins and canals/channels
including return water from upland contained disposal areas where the quality of the
water is controlled by the state.
3. Stabilization of eroding shorelines utilizing appropriate bioengineering
techniques, construction and backfill of bulkheads, and the placement of riprap material.
4. Installation of submerged and aerial utility lines provided U.S. Coast Guard
requirements for aerial lines are met and pre-project elevation contours are restored.
5. Maintenance of existing water intake and outfall structures provided all State and
Federal required authorizations have been obtained. Construction of new water intake
and outfall structures is not authorized under this general permit.
Special Conditions
a. For lakes listed in table 1, written confirmation that the proposed work complies
with this general permit must be received from the Wilmington District Corps of
Engineers (Corps) prior to the commencement of any dredging activity occurring in a
previously un-dredged area. For this purpose, the proponent should submit to the Corps,
detailed plans, location maps, and other supplemental information explaining the nature
and scope of the work. Written notice to or confirmation from the Corps is not required
for all other activities described above.
b. For all lakes covered by this General Permit and not listed in table 1, written
confirmation that the proposed work complies with this general permit must be received
from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans,
location maps, and other supplemental information explaining the nature and scope of the
work.
c. Maintenance excavation must not exceed the original dimensions as defined by
the original permit or as clearly shown or otherwise defined by existing conditions of the
ditches, basins, canals, or channels. Maintenance excavation is allowed only for facilities
that are currently serviceable.
d. To be authorized by this permit, all piers, docks, boathouses and boat shelters
shall be pile-supported or floating structures. Piles, dolphins, jetties and breakwater
structures may be of wood, metal or precast concrete. Breakwater structures will be
designed to provide for adequate water circulation landward of the structures,
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
f. On natural waterways 30-foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less
than 30 feet wide, pier requests will be evaluated on a case-by-case basis and may be
restricted to less than one-third the width of the water body.
g. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks,
and "L" and "T" sections will not cumulatively exceed the maximum allowable size of
such structures identified in the reservoir's shoreline management plan. Docks and piers
extending over wetlands will be elevated sufficiently (minimum of 4 feet above the
wetland substrate) to prevent total shading of vegetation, substrate, or other elements of
the aquatic environment.
h. Floating docks, boathouses and boat shelters will not be constructed over
wetlands.
i. Wooden jetties will not extend farther than 100 feet waterward of the NWL
elevation contours.
j. Decking for piers, docks, boathouses and boat shelters will accommodate loads
not less than 50 pounds per square foot_
k. Wood must be pressure-treated except in areas of boathouses or boat shelters
protected from the weather.
1. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
m. Floating structures will be supported by material that will not become
waterlogged or sink when punctured and will be installed to provide for fluctuations of
water elevation.
n. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast
Guard will be installed and maintained by and at the expense of the permittee.
o. This general permit does not authorize any habitable structure or associated
facility for nonwater-related use.
p. This general permit does not apply to structures within existing or proposed
marinas. For purposes of this General permit, a marina is defined as any publicly or
privately owned dock, basin or wet boat storage facility constructed to accommodate
more than 10 boats.
q. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
r. Excavation associated with boat ramp construction or maintenance is limited to
the area necessary for site preparation and all excavated material must be removed to
uplands.
s. This general permit does not authorize the installation of fueling facilities on
authorized structures.
t. Where wetlands are present along a shoreline, all shoreline stabilization activities
(bio-engineering techniques, construction and backfill of bulkheads, and the placement of
riprap material) must be undertaken landward of the wetlands. This general permit does
not authorize the discharge of dredged or fill material within wetlands.
u. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool
elevation contour and may not extend more than 500 feet along a shoreline.
v. Riprap will be placed at the base of all bulkheads and will extend a maximum of
three (3) feet waterward on a 2:1 slope. All other fill material will be confined landward
of bulkheads.
w. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
x. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
y. To avoid potential impacts to fish spawning areas, excavation activities will not
occur during the months of March, April, May, or June of any year.
z. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
aa. All excavated material will be placed landward of the normal pool elevation
contour on high ground and confined by adequate dikes or other retaining structures to
prevent erosion and sedimentation into adjacent waters or wetlands. The temporary
placement or double handling of excavated or fill material waterward of the normal pool
elevation is not authorized.
bb. If an easement to fill or cross utility company, State or Federal property is
required, such easement must be obtained prior to commencement of work.
cc. The minimum clearance for aerial power lines will be governed by system voltage
as shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
115 and below 20
138 22
161 24
230 26
350 30
Soo 35
700 42
750-765 45
Clearances are based on the low point of the line under conditions that produce the
maximum sag considering temperature, load, wind, length, span and type of supports.
Clearances for communication lines, stream gauging cables, ferry cables and other aerial
crossings will be a minimum of ten (10) feet above clearances for bridges. Installation of
utility lines will conform to the special conditions of general (regional) permit No.
198100049.
General Conditions.
a. Except as authorized by this general permit or any USACE approved
modification to this general permit, no excavation, fill or mechanized land-clearing
activities shall take place within waters or wetlands, at any time in the construction or
maintenance of this project. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project
b. Authorization under this general permit does not obviate the need to obtain
other federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for
this general permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this general permit must riot interfere with the
publics right to free navigation on all navigable waters of the United States. No attempt
will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work for a reason other than safety,
f. The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and
in such time and manner as the Secretary of the Army or his authorized representative
may direct, restore the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or
proposed federal project.
1. In issuing this permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unper fitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current
or future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by this pen-nit.
(4) Design or construction deficiencies associated with the permitted
work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary
of the Army, determines that such action would be in the best public interest. The term
of this general permit shall be five (5) years unless subject to modification, suspension or
revocation. Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the United States Government.
n. This general permit does not authorize any activity, which the District
Engineer determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act
and wild, scenic and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for
inclusion in the National Register of Historic Places as defined in the National Historic
Preservation Act of 1966 and its codified regulations, the National Historic Preservation
Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the
Native American Graves Protection and Repatriation Act
(3) Sites included in or determined eligible for listing in the National
Registry of Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect
any threatened or endangered species or a species proposed for such designation, or their
designated critical habitat as identified under the Federal Endangered Species Act (lb
U.S.C. 1531). Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the Corps field offices or at the following
internet address: hM2://www.ncnhR.orWPap-es/heritazedata.html. Permittees should
notify the Corps if any listed species or designated critical habitat might be affected by
the proposed project and may not begin work until notified by the Corps that the
requirements of the Endangered Species Act have been satisfied and that the activity is
authorized.
p. Permittees are advised that development activities in or near a floodway may
be subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This general permit does not authorize any activity prohibited by the National Flood
Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the permittee should contact the U.S. Coast
Guard Marine Safety Office at [phone].
r. The permittee must maintain any structure or work authorized by this permit
in good condition and in conformance with the terms and conditions of this permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this permit will automatically
transfer this permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities
undertaken under the authority of this permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
s. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a
specific proposal. In such case, the procedures for processing an individual permit in
accordance with 33 CFR 325 will be available.
t. All fill material placed in waters or wetlands shall be generated from an
upland source and will be clean and free of any pollutants except in trace quantities.
Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
v. If you discover any previously unknown historic or archeological remains
while accomplishing the activity authorized by this permit, you must immediately notify
this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
L John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Table 1: List of Reservoirs subject to Special Condition "a"
Utility Company / Operator
Duke Power Progress Ener
Belews Lake Blewett Falls
Bear Creek Reservoir Lake Tillery

Cedar Cliff Reservoir ..
Wolf Creek Reservoir NC Power (Dominion)
Lake Emory Lake Gaston*
Lake Glenville Roanoke Rapids Lake
i Lake Hickory
Lake James Other (Municipal Owned / Operated)
Lake Norman Lake Lure
Lake Rhodhiss H co Reservoir
Lake W lie*
Lookout Shoals
Mission Lake
i Mountain Island Lake
Nantahala Lake
Tennessee Creek Reservoir
Tuckase ee Reservoir

Tennessee Valle AuthoriTVA
Cha e Lake*
Fontana Lake
Hiwassee Lake
i

I tus Creneral Permit is not applicable in portions located outside North Carolina.