20061777 Ver 1_More Info Received_20061208

DEC. 6.2006 2:23PM USAED WILMINGTON N0.667 P.2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SA'W2006-41648.062 County: Mont~omerv USGS Quad: Morrow Mountain
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Age~nc; Robert Cohen
Address: P.O. Box S45
Norwood, NC 28128
Telephone No.: 704-438.2460
...,~ ..._, .~- 0l~ - 1'1'1"1
~~ ~EIV~D
Size and location of property (Water body, road nattte/number, town, etc.): The 0.47 sere tract is lot number ~9 on
crest La a Cou located withi the S 'ft Ysland Plantation subdivision ad'acent to Section 10 waters of Lake
Tiller~y. Mont~omerv County.
Description of projects area and activity: The ro'ect involves shoreline stabilization bnllchead and ri ra for 160
feet alone Lake Tillery and the construction of a 1,198 square font boathouse.
Applicable I,aw: ®Sactign 404 (Clean Water Act, 33 USC 13x4)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authotization: Regional General Pcimit Number: 198200030
Nationwide Permit Nvtttb~:
Your work is aathorizod by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and yopr submitted application received November 9, 2006, A~ violation of the attached conditiQa~ or deviation
from yoar Submitted plans may subject the permittce to a stop work order, a restoration order and/or appropriate legal
action,
This verification is valid until the NWP is ~odifiod, reissued, or revoked. AlI of the existing NWPs arc scheduled to be modified,
reissued, or revoked prior to March 18, 2007. Il is incumbont upon you to retrain informed of cbangcs to the I~1WPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contras[ to cammcnce this activity before the
date that tho relevant nationwide permit i, modified or revoked, you will have twolve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms sad conditions of this nationwide permit. If, prior to the
expiration date idontif ed below, the nationwide permit authorization is reissued and/or modified, this verification wall remain valid
until thcs expiration data identified bolow, provided it complies with all new and/or modified forms antl conditions. The District
Engineer tray, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's a~thoriZation
under any NWP,
Activities subject to Section x}04 (as indigated abovo) may also require an individual Section 401 Water Quality Certification. Yau
shQttld contact the NC Division of Watts Qt}ality (telephana (919) 733-178b) to determine Section 4D1 requirements.
For ttctivitics occumag within the twenty coastal counties subaect to regulttrion under the Coastal Area Martp~gement Act (CAMA),
prior to beginning work you roust conta~l the ~(.C. Division of Coastal Management .
This Deportment of the Army verification does not relieve the pcrmittee of the responsibility to obtain any other required Fcdcral,
State or local approvals/parmits.
If there are any questions regarding this verification, any of the conditions of tho Permit, or the Corps of Enaincers regtrlatpry
pre scram, pleaSc contact Brad Shaver at 910-251-4611.
Corps Regulatory Official Date: December 6, 2006
Expiration Date of Verificatiott: Decemb 2010
~~~~ ~
Co Furn'c d: Q
nv~ ~ he
NCDENR-DWG attn: Ken Averitlc 225 Green Street Suits 714 Fayottoville, NC 28301.5094 ~ "~t)n~
Progress finergy Lake Maaagcment attn; Bric Rouse P.O. Box 1551- PF_.B3A Raleigh, NC 27602 ~ ~~
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p~pF W ATFgpG Michael F. Easley, Governor
~ .3, William G. Ross Jr., Secretary
r-- North Carolina Department of Environment and Natural Resources
~_ ~
p ~(' Alan W. Klimek, P.E. Director
Division of Water Quality
November 14, 2006
DWQ Project # 06-1777
Montgomery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Robert Cohen
PO Box 545
Norwood, North Carolina 28128
Subject Property: Robert Cohen, Lot 59, Lake Tillery
Permit Type, Applicant Signature
® REQUEST FOR MORE INFORMATION
^ PERMITTING FEE MISSING/INCORRECT
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Cohen:
On November 9, 2006, the Division of Water Quality (DWQ) received your application for the above
referenced project. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five.c~es of the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USAGE) to determine which permit they will allow you to
use.
^ DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
® The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
^ Water Body information not stated. See III Project Information, Item 7.
^ Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or corrected impacts reflected.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: hqp://h2o.enr.state.nc.us/ncwetlands
N~om~`nCarolina
/vatura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

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Office Use Only: Form Version Mazch OS 1
USACE Action ID No. DWQ No. ~~ - ~ 1 '11
(If any particular item is not applicable to this project, please enter "Not Applicable" off, "N/A".)
,e x,-,
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I. Processing ,`
n~~t~l VED
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
Q 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or ener 1 Permit Number(s) Requested: r~1Z°~ryor a, t ~,,,,~ ~.~.-
3. If this notification is solely a courtesy copy because written approval for the 401 Certification 3 O
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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 her(e~?
II. Applicant Information ~ ~`/ - ~~ D
DEG ~ ~tat~6
1. Owner/Applicant Information /
Name: ~ 6
Mailing Address: ``, tll~~ ~ ~ ~" ~~
1VAf 1 a~ ~ a z-`bl~~
Telephone Number: 70 5! ~/~S3 - z~~ o Fax Number: 76 ~ 4~ ~{-- 7 t.E. 3
E-mail Address:
2. AgendConsultant Information (A signed and
must be attached if the Agent has signatory au
Name: /I
Company Affiliation:
Mailing Address:
copy of the Agent Authorization letter
for the owner/applicant.)
Telephone Number: Fax Number:
E-mail Address:
uraacea ~ innoos
Page 5 of 12

III. Project Information
8.
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 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.
1. Name of project: `lSQa-~- Llr,., < ~- SQ,~ (~a1 \ ~, o~ ~
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: an o~<<. Nearest Town:
Subdivision name (inclu a phase/ of number): „C „ ~ ~ 10
Directions site (include road numbers/names, landmarks, etc.): S S
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N oW
6. Property size (acres): ~ /~ c it
7. Name of nearest receiving body of water: ~C~/CP ~~(t i-/
River Basin:_~`r~ ,f/rr
(Note -this must be one of North Carolina's seventeen designated major river basins
River Basin map is available at httn://h2o.enr.state.nc.us/admin/maps/.)
The
9. Describe the existing conditions on the site and general land use int e vicinity of the project
at the tine of this application: ~x,~~ ~... ~ 'f ~ f,.,~a J 5 ~e~r ~:,
~•~-~ l
Updated I I/IR005
Page 6 of 12

10. Describe the
G/.7~ Z X ~i d//i wa . ~t 7~owF C/ ,~'f ~ I~-~O ~.4~ ~~n '~/~w {-
11.Explain the purpose of the proposed work:__ ~~,i~,, Ail ~i ~-~ iii
!/o S ~ vn
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.
V. Future Project Plans
Are any future permit requests anticipated f this project? If so, describe the anticipated work,
and provide ' tificatio for. he ex lusion t ' work fro}n the current application.
P {,~,.~/
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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,
Provide a written description of the proposed impacts: !yo
.l
Updated I Ul/200i
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin
Wetland Impact
Site Number

(indicate on map)
T e of Im act
Yp p Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Flood lain
P
es/no Distance to
Nearest
Stream

linear feet Area of
Impact

(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage. rnultinly length X w;rlrh then rlivirlP l,v dZ S~l1
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
~
Intermittent. Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dreds?ing. flooding. drainaQe_ hulkheadc_ etr.

Open Water Impact
Site Number

indicate on ma

Name of Waterbody
(if applicable)

T e of Im act
YP P -, -
Type of Waterbody
lake and estu
( . P ~ ary, sound, bay,
ocean, etc.
Area of

Impact
acres

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the U_S_ resulting from the nrniect~
Stream Im act acres
Wetland Im act acres
O en Water Im act acres
Total Im act to Waters of the U.S. acres
Total Stream Im act linear feet):
7. Isolated Waters
Do any isolated waters exist on the properly? ^ Yes X10
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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, in igation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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.
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.
Updated l l/1!2005
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January I5, 2002, 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 NCEEP 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/strm ide.html.
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 c "ditions and proposed method of construction. Please attach
a separate sheet if more space 's needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 ( res
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated I I/1/2005
Page 10 of 12

IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUst~te/local) funds or the use of
public (federal/state) land? Yes ^ No
2. 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 ^
3. If yes, has the document review been finalized by the State Clearinghouse? 1f so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buff Requirements), or other (please
identify. )? Yes ^ No Q~
If "yes", 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
2
Total
' Zone 1 extends out 30 feet perpendict
additiona120 feet from the edge of Zone 1.
Multiplier
3 (2 for Catawba)
1.5
from the top of the near bank
Required
Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach a pr priate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
~-
Updated 11/1/2005
Page I 1 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious leveL__
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment mt
wastewater generated from the proposed
disposition (non-discharge or discharge) of
available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DW etland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No []'
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httn://h2o.enr.state nc us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
~~
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(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12

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