20061777 Ver 1_More Info Received_20070109

Q~QF W ATF9QG Michael F. Easley, Governor
~ William G. Ross 1r., Secretary
r- North Carolina Department of Environment and Natural Resources
~_ y
~ `C Alan W. Klimek, P.E. Director
Division of Water Quality
December 20, 2006
DWQ Project # 06-1777
Montgomery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Robert Cohen
P. O. 545
Norwood, NC 28128
t~ i~lt i^`~ ~j \A
Subject Property: Robert Cohen, Lot 59 -Lake Tillery 0 t~,. ~;= ~ ~ }t~~'
Lake Tillery [030708, 13-(1), WSIV, B, CA]
)F~ ~~i ~ 1 [i~7
REQUEST FOR MORE INFORMATION
Nr~nnr~o<; ~J~u S, ~~~ft~ABy~i ~~ rir~wcH
Dear Mr. Cohen:
On December 8, 2006, the Division of Water Quality (DWQ) received your revised application
dated November 21, 2006, to impact an undisclosed amount of waters of the State. The DWQ
has determined that your application is 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 andlor streams on the subject property. Therefore,
unless we receivefT+e copies 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:
1. Please fill out the impact tables on pages 8 and 9 of 12 of your Pre-Construction
Notification (PCN) application.
2. Please provide site plans for your project.
Please contact the DWQ wit~iin three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be rovidin the DWQ the requested information at a later date. Please contact
me in writing an Ken Averitte f the DWQ Fayetteville Regional Office. If we do not hear
from you within three wee s, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn. ~, ~ ~ t ! ~ ~ - ~ jt <
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
401f~etsightlExpress Review Permitting Unit
It50 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250; Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htty://h2o.enr.state.nc.us/ncwetlands
Ntt~` hCarolina
,~atura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

DEC. 6.2006 2~23PM USAED WILMINGTON N0.667 P.2
Ll'.S. ARMS CORPS OF ENGYNEERS
WIY,MINGTON DISTRICT
Action ID. SAW2006.41648.062 County: Mon omerv USGS Quad: Morrow Mountain
GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VER~ICATION
Property Owner/Agent; Robert Cohen
Address: P.O. Box .545
Norwood. NC 28128
Telephone No.: 704.438.24(0
Size and locat7on of prgperry (Water body, road name/number, town, etc.): The 0.47 acre tract IS lot nufnber 59 on
)Forest Lake Court, located within the Swift Ysland Plantation subdivision. adjacent to Section 10 waters of Y,ake
7tillerv. Montnomerv County.
Description of projects area and activity: The project involves sltoreline stabili?ation bulkhead and rip ran for 160
feet alone Lake Tillery and the con,~truction of a 1,198 cquare font boathouse.
Applicable Law: ®Saction 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Petit Number: 198200030
Nationwide Permit Nv[nb~':
Your work is aothorizod by the above referepced permit provided it is accomplished in strict accordance with the attached
conditions and yopr submitted application receive$ November 9, 2006. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittec to a stop work order, a restoration order andlor appropriate legal
action.
This verification is valid until the NWP is ~odifiod, reissued, or revoked. AlI of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. Il is incumbout upon you to retrain informed of changes to the NWPs. 'We will issue s}
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
dale dial the relevant nationwidc permit i, modified or revoked, you will have twolve (12) months from the date of the modification or
revcx:ation of the NWP to eomple[c the activity under the present terms and conditions of this nationwidc permit. If, prior to the
expirntion date identified below, the nationwide permit authorization is reissued and/or modified, this verification wall remain valid
until rho expiration data identified bolow, provided it complies with all new and/or atodified forms soul conditions. The District
Engineer tray, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP,
/lctivities subject to Section 404 (as indicated abovo) may also rcgttire an individual Section 401 Water Quality Certification. You
should contact the NC Division of Watcs Qµality (telephones [phone]) w determine Seeaon 401 requirements.
For s-ctivitics occurring within the twenty cooswl counties subject to regulation ardor the Coastal AreaMamagement Act (LAMA),
prior to pcginning work you rttt;st eontaol the N.C. Division of Coas[41 Management .
'This Department of rho Army verif cation does not relieve the pcrrttittee of the responsibiIiry to obtain any other required Fcdcrtl,
State or local approvals/p~rmits.
If there are any questions regatding this verif~icatiQn, any of tl}e conditions of rho Permit, or the Corps of Engineers teaulatory
pre aeram, please contact Brad Shaver at 910.251-4611.
Corps Regttlazory Official
e
Date: December_6.20(Ib
Expiration Date of Verification:
Copv,Ftu7tiched:
NCDENR-DWQ attn: Ken Averitlc 225 Green Street Strife 714 Fayottoville, NC 28301-5094
Progress Energy Lake Management Attn: Sric Rouse P.O. Box 1551- PEB3A Raleigh, NC 27602

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Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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: - ~jr-L°t/yor 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 Ar
Environmental Concern (see the top of page 2 for further details), c lr~ ~' ~~~~
11„ ~ ' ` .~ .'! gin: ,..
II. Applicant Information ~~,~ ~ 7C9f17
I. Owner/Applicant Information ,; , . ; ri~~;~
Name: ~ ~!~'rA:' n~~t ti~'$~+~1WATiR BRAl~EI
Mailing Address: ,
- tV~~ ~~d~ ~ Z `bl Z~
Telephone Number:_7o 5! y~~3 _ i~tn o Fax Number: ~a ~ 4~ ~-- 7 t~ 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:
E-mail Address:
Fax Number:
Updated 11/IR005
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: (/~ea~-- ~.1,., , <~ ~- SQ A. (.,Jai ~ L o~ ~
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location /
County: a/~ o~+<<. Nearest Town: t
Subdivision name (inclu a phase of number): .,C „ ~ ~ 10
Directions site (include road numbers/names, landmarks, etc.): S 5
5. Site coordinates (For linear projects, such as a road or utility tine, 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):. /7 /~ cii
7. Name of nearest receiving body of water: ~~ /rP ~ //t ~-/
River Basin:~`lr err
(Note -this must be one of North Carolina's seventeen designated major river basins.
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
The
Describe the existing conditions on the site and general land use int ~e vicinity of the project
at the time of this application: fix. _c ~.,. ~ 't ~ ~~,~a l S ~e~r /.:,
~•-~
Updated I I/1/2005
Page 6 of 12

10. Describe the ov rall project in detail, including the type of equipment to be used:
~~ ~ ~Ye ~~ G fit ~r ~e t ~ i A~
IV.
~.
11. Explain the purpose of the proposed work:_ ~r /~,,, ~ ,.~~r ~~ ~., ~i~
/io 5 •'~~
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
and provid/~stificatiop for. we exclusion'
~ PS _ , ,_ /
this project? If so, describe the anticipated work,
ids work fro the c ent application.
eG /rc .... s
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:__,~
.l
Updated 1 I/1/2001
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)

Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year

Floodplain
es/no Distance to
Nearest

Stream
linear feet Area of
Impact

(acres)

Total Wetland Impact (acres) 11116
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, multiply length X width, then divide by 43,560.
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number

' dicate on ma
Name of Waterbody
(if applicable)
T e of Im act
yp p Type of Waterbody
lake, pond, estu
( ary, sound, bay,
ocean, etc. Area of

Impact
acres
~. ~ei r t: a ~ .OOiI~

Total Open Water Impact (acres)
Updatcd I I/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the i L4 resulting frnm the nrn;Prr•
Stream Im act acres : p
Wetland Im act acres : O
O en Water Im act acres : . OoL 1
Total Im act to Waters of the U.S. (acres vp v /~
Total Stream Im act linear feet : D
Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~'No
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.
Pond Creation
If construction of a pond is proposed, associated etland and stream impacts should be
included above in the wetland and stream im act cti ns. Also, the proposed pond should
be described here and illustrated on any map cl de ith this application.
Pond to be created in (check all that apply)• up s ^ stream ^ wetlands
Describe the method of construction (.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.):
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.
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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 11/1/2005
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 15, 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/strmgide.html.
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~eeded.
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 I1/12005
Page 10 of 12

IX. 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? 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.
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) I SA NCAC
2B .0250 (Randleman Rules and Water Supply Buff Requirements), or other (please
identify )? Yes ^ No Q~
2. 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; I Impact I Multi her I Required
3 (2 for Catawba)
1.5
Total
' Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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,~l appr' priate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. ,r L
Updated ll/1/2005
Page 11 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 methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed p~j two 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
http://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 11/18005
Page 12 of 12

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