20060142 Ver 1_COMPLETE FILE_20060126

OF WATER
23?0 p??Wa-
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 20, 2006
Lupton V. Rainwater
670 Hwy 69
Hayesville, NC 28904
Subject Property: Stillpoint, Lot #10
Glenville, NC 28736
DWQ Project # 06-0142
Clay County
o 51, Or,__.' cUWLr--P--., P
MAR 2 4 2006
DENR . WATER QUALITY
WETWO3 tlO SM ! Il'iVATER EMNICH
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rainwater:
You have our approval, in accordance with the attached conditions and those listed
below, to excavate -0.99 acres and stabalize - 450 linear feet of shoreline for the
purpose of deep water boat access and stabilization at the subject property, as
requested within your application received by the N.C. Division of Water Quality (DWQ)
on Janurary 26, 2006 and subsequent information submitted on March 7, 2006, with the
attached modifications and exclusions. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3492 (GC3492). The Certification (s) allows you to use Nationwide Permit(s) 30 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, Stormwater and Buffer regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. This
authorization only allows for the installation of riprap along the shoreline backed
by erosion control cloth. If you change your project beyond what is authorized in this
Certifcation, 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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet www.ncwatergualitV.org

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Lupton V. Rainwater
Page 2 of 5
March 20, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of
and general conditions of this Certification (or Isolated Wetland
No other impacts are approved including incidental impacts:
the other specific
Permit) are met.
Amount Plan Location or Reference
Approved Units
Shoreline -450 (linear #1
feet

Cove
0.99 (acres) _
#2
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Lupton V. Rainwater
Page 3 of 5
March 20, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation & Drystack Wall
Drystack walls shall only be applied in areas where the cut bank is greater than
six vertical feet. For all areas where the cut bank is less than six vertical feet,
banks shall be laid back at a 2:1 (run : rise) slope and riprap applied at the water
/ land interface (at full pool). Riprap shall be placed as a linear protective:
measure upon the regarded slopes. Stone used in stabilization shall be a
random size, varying from Class B / II riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration.
7. Disturbed banks and a 25-foot vegetated zone, must be restored along the
construction sites to natural riparian conditions with native trees and shrubs
(e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder,
black willow, sycamore) to provide long-term bank stability and stream shading.
Note, silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly planted
on four (4) foot centers from the waters edge to the top of the bank. Trees should be
planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should
also be seeded with a native annual and perennial seed mix with a temporary
nursery crop of wheat, millet or other grain.
8. Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
Lupton V. Rainwater
Page 4 of 5
March 20, 2006
9. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
10. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
11. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
12. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
14. Deed Restriction
Deed Restriction or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to impacts to wetland, water and
buffers located on the property. These mechanisms shall be put in place prior to
impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr. state. nc. us/ncwetlands.
15. Property Access
As the Tennessee Valley Authority (TVA owns part, or all, of the property on which
this stabilization activity will be taking place, or it is within the Federal Energy
Regulatory Commission Project Boundary, this Water Quality Certification is only

Lupton V. Rainwater
Page 5 of 5
March 20, 2006
valid after the written authorization of the TVA has been obtained through their
permitting process, granting access to perform these stabilization activities on their
property or within the Federal Energy Regulatory Commission Project Boundary.
Failure to obtain the above written authorization from Duke Power Company, any
stabilization / fill / dredging which takes place on Duke Power Company property will
be considered a violation of the issue Water Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3492
Certificate of Completion
Guidelines to Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: Rainwater.Clay.GC3492.Approval
o??F wAT ?Rp?
DW -1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, Y.E. Director
Division of Watcr Quality
March 20, 2006
James R. Smith
Lake Adger Developers, Inc.
Post Office Box 4125
Spartanburg, SC 29305
Subject Property: Mountain Park Subdivision
Lake Adger Development
DWQ Project # 05-0912
Polk County
oQ
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O?S 3a? SZCF? ? ^ E?e?3.CN
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Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Smith:
The Asheville Regional Office of the NC Division of Water Quality (DWQ) is in receipt of
your submittal, through your legal counsel, regarding the reduction of impacts for the
Mountain Park Subdivision project to below 150 linear feet of impact. While this does
exhibit an effort to avoid and minimize impacts, it does not comply with General
Certification 3402. Condition 4. which states that "[p]roposed fill, flooding or substantial
modification of greater than or equal to 150 linear feet (45.7 meters) cumulative impact on
all streams for a project requires written concurrence from the DWQ. Stabilization
practices (i.e. rip-rap), excavation, removal of bank-to-bank vegetation, and any other
work that alters the natural dimension, pattern, or profile shall be included in the reported
impacts along with the placement of culverts and other structures in wetlands or streams."
The DWQ has interpreted the regulations such that a "project" includes all lands
developed by a single individual, firm, or its subsidiaries located within a geographic area,
since the adoption of said rules.
As the DWQ has issued Water Quality Certification 3402 under Project Number 05-0912.
As this Water Quality Certification was not adjudicated within the Statutory 60 day
timeline, this Certification is valid and enforceable. This development activity must
comply with the issued permit by meeting all of the requirements of the referenced
Certification. Beginning development of this project while failing to comply with the issued
Water Quality Certification shall constitute a violation of North Carolina General Statute
143-215.3(a)(1) and the issued Water Quality Certification.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] I Internet: wvvw. ncwate rg u a I ity. orq
0110
No tliCarolina
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Lake Adger Developers
Page 2 of 2
March 20, 2006
If you have any questions, please telephone Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657 or e-mail him at Kevin.Barnett(@ncmail.net.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Division of Water Quality
cc: Mr. William Clarke
Roberts and Stevens, P.A.
One West Pack Square
Suite 1100
Asheville, NC 28801
Mr. Nick Roark
Ecological Associates, Inc.
4676 Bears Bluff Road
Wadmalaw Island, SC 29487
Polk County Planning Office
Steve Chapin, USACE Asheville Regulatory Field Office
Mrs. Cyndi Karoly, DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-0912. Mountain ParkSubd.Follow-up
Triage Check ]fist
Date: 1/30/06
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/26/06 to 3/30/06
From: Cyndi Karoly Telephone: [phone]
Project Name: Rainwater SD
DWQ #:06-0142
County: Clay
1 -7 1
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
of wA rFR
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
February 24, 2006
DWQ Project # 06-0142
Clay County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Lupton V. Rainwater
670 US Highway 69
Hayesville, NC 28904
Subject Property: Rainwater Subdivision
Lake Chatuge, Clay County
REQUEST FOR MORE INFORMATION
Dear Mr. Rainwater:
7002 2410 0006 2900 3981

MAR 1 ZU?j

On January 31, 2006, the Division of Water Quality (DWQ) received your application to
impact 0.99 acres of open waters to construct the proposed boat access for the
Rainwater Subdivision. 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 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. Proposed Impacts
Under Section VI of your application you did not provide an adequate "description"
for the impacts associated with the "rip-rap" installation within this section.
Additionally, no construction details were provided for this impact. You must
provide construction details, including stone sizing, filter fabric and it's installation
techniques, and need justification for this activity, (Photographs serve this need
well.)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
One
North Carolina
A7atitrally
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Lupton V. Rainwater
Page 2 oft
February 24, 2006
2. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide an adequate "justification"
for the impacts as requested within this section. You must address the steps taken
to avoid and minimize impacts associated with this request. You must include a
"no action" discussion associated with these impacts where the home owners
utilize to public access areas for boating access and discuss a minimized impact
scenario associated with a single "community" dock and narrow dredged area as
well.
Please respond within ten business days of the date of receipt of this letter by sending
this information to me in writing and Mrs. Cyndi Karoly of the DWQ 401 Central Office.
If we do not hear from you within ten business days, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.
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 are not authorized (at this time) by the DWQ. Please call Ms.
Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding
or would like to set up a meeting to discuss this matter.
Sincer ly,
U?
Kevin Barnett, Environmental Chemist
Asheville Regional Office
J R Dlkhb
cc: Cyndi Karoly, DWQ 401 Central Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-0142.Rainwater.Add-info
LUPTON V. RAINWATER
670 HWY 69
HAYESVILLE, NC 28904
PHONE [phone]
January 23, 2006
Division of Water Quality
401 Wetlands Unit
1650 Mail Center
Raleigh, NC 27699-1650
Dear Sir,

F4@P=0W1R5
JAN 2 6 2006
DENR - WATER QUALITY
WETLANDS AND STORMATER BRANCH
Pursuant to my conversation with Mr. Kevin Barnett at the North Carolina Department of
Environment and Natural Resources, I am forwarding this application to you and others.
This project is for the excavation of a shallow cove on Lake Chatuge in Hayesville, North
Carolina. I have been in contact with Mr.Ruppert Westfield at the Murphy, North
Carolina office of the TVA and application has been made to them for approval of this
project.
Please review and do not hesitate to contact me if you have any questions. Your speedy
attention would be most appreciated as we are trying to get this project completed before
the lake is brought back up.
Thank you in advance for your attention.
Lupton V. Rainwater
Hayesville, NC
Office Use Only:
USACE Action ID No. _
(If any particular
1. Processing
II.
Forth V_iQz1 March 05
DWQ No.
is not applicable to this protect, pleasc enter "Not Applicable" or "N/A".)
1. Check all of the approval(s) requested for this project:
[] Section 404 Permit
Section 10 Permit El Riparian or Watershed Buffer Rules
? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality C
erifl'cation
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? on
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is o os
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 here: ?
Applicant Information
RR@[RPw19
JAN 2 6 2006
1C 1. Owner/Applicant Information
Name:LUPT0N V. RAINWAT
Mailing Address: 6.70 x W Y 69
uc"11- WATER QUALITY
(I A lER BRMiCH
Telephone Number: 8 2 8 3 9- 4 2 Fax Number:
E-mail Address: c h i a W b i a .'n e t -
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Page 5 of 12
Fax Number:
b0Z-fl ZL/S0d SSS-Z £60L66Z8Z8 OH 31IIAHHSV SK30DR-WOH3 6Z:LT 90,-ZC-10
III, Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads, Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings.
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size, DWQ 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
Y the project has been placed on hold until decipherable maps are provided.
I. Name ofproj=: RAINWATER SUBDIVISION
a 2. T.I.P. Project Number or State Project Number (NCDOT Only):
A

U.S. Hwy
right on
3 pm 597900516120;597900616132
perry Identification Number (Tax PIN): r, 4 -» 0 n 5 n R R 3 ?? 5 d 7 o n n
4. Location
County: C L A Y Nearest Town: H A Y E S V I L L E
Subdivision name (include phase/lot number): CYPRESS P O I N T E Directions to site (include road numbers/names, landmarks, etc.): From t h e o i n td e r s e c t i o n of
69 and NC 175, go south on hwy 175 3.2 miles to Jackrabbit
Jackrabbit Road and go 9/10 of a mile to a new gravel road
turn right and go to end and see subject property.
A 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
X 6. Property size (acres): 2 1. 7 3 acres
X 7 . Name of nearest receiving body of water: LAKE C H A T U G E
8• River Basin: HIWASSEE RIVER
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt://h2o.enr.state.nc.us/adMin/ma s/.)
Road, go
on right,
x 9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time ofthisapplication: Site is surrounded -b mostl wooded roperty and
some pasture. This project is being proposed to allow for the adjoining wooded
land to be developed for residential homesites.
Page 6 of 12
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'F, 10. Describe the overall project in detail, including the iYPe of equipment to be used:T h
allow for the excavation and deepening of a very -?to_b , ject will
i s p r o
further into t o allow future homeownerssenouoh wcove aterato
ack water
into their porperty. theirboats
11.EXplainthe SEE ADDENDUM #1 attached for more details.
purpose of the proposed work:
The sa .s to create water des
priv
enou h to et boats in 5 out of
tQ
IV. Prior Project Ri3tory
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
and
certifications were issued or withdrawn. Provide photocopies of reviousl
y issued per perrper an
mits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules,
N copy
)C V• Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
r
ime
JG 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 separatel from
riprap dissipater pads). Be sure to indicate if an impact is tem orar y
y. All proposed impa,
Permanent and temporary, must be listed, and must be labeled and c
learly identifiable oncan
accompaDying site plan. All wetlands and waters and all streams should be shown on a delineation map, whether or not impacts are (proposede 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.
I. Provide a written description of the proposed impacts:
Pr e t w'1 deepen the wa er de
h i er-
into an area that is below the 1928 elevation contour and back water
but doesn,t hold water Burin normal (hi h water mark),
ool stage.
#2 Impact to shoreline- Project calls for placing rip-rap stone material
on excavated slopes.
Page 7 of 12
?@Z-n ZI/L0d SSS-11 MLSHH8 0H d'I'IIAEHS'd HNEO0N-WOH3 M Ll 90,-Z1-10
z
Wetland Impact
Site Number
(indicate on map)
Individually list wetland impacts. Types of impacts include, but are not
mechanized clearing, grading; fill, excavation, flooding, di tching/drainage, etc.
se arately list im acts due to both structure and floodins.
Type of impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
------------
Total Wetland Impact (acres)
limited to
For dams,
)catcd within Distance to Arca of
100 year Nearest Impact
Floodplain Stream (acres)
(yes/no) (linear feed
3. List the total acreage (estimated) of all existing we 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, ditch ing/straighten ins, 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, multi I len th X width, then divide b 43,560.
Stream Impact
Number Stream Name Type of Impact Perennial or Average Impact Tor-..
ea of
ndicate on ma) Tntcrmittent? Stream Width Length Impact
Before Im act near feeTotal Stream impact (by length and acreage)

v 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 died in , floodin , drainer e, bulkheads etc.
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of
(indicate on m ) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc. (acmes)
;#2 Lake Chatu e ri e
-rap ston lake
1 10 acre
Total Open Water impact (acres)
1 ac e
Pile 8 of 12
6H_n ZI/80d SSS-Z Eb0L66Z828 OH H17IAHHSV HMI CK-WOH3 OE:LL 90,-ZI-TO
List the cumulative im act to all Waters of the U.S. resultin from the ro-ect:
Stream Impact (acres):
Wetland IM act acres :
O en Water Irn act acres
Total Im act to Waters of the U.S. (acres) a c r e
Total Stream Impact (linear f-pt)-
Isolated Waters
Do any isolated waters exist on the property? El Yes
El 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 specificallY4,
een determined to be isolated by the USACE.
ei 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 wetla
Describe the method of construction (e.g., dam/embankment, excavation, installation dof
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. ?s n r o i e c t w i 1 1 h a v e l i t t l e
or no n
W-7 r
ed and E vironmental studies have been c
will be act to the lake or fish. Additionally, proj:
a-L
r t e uidance of the TVA. A plication to the TVA has
been filed and a copy is attached.
X VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9of12
Paz-n ZT/60d SSS-Z E60466Z8Z8 OH 311IAEHSV HNHQON-WOHE OE;GL 9a,-Z11T0
USAGE - 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 cf
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 aplii on
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as inpcomplcatete.
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
htt://h2o.enr.state, c.us/ncwetlands/strm ide.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 conditions and proposed method of construction. Please attach
a separate sheet if more space is 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 h_ ttp:12o,cnr.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 (acres):____
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
i @Z-O ZZ/Old SSS-1 £iiOGHHH OH HIIIAHHSV HNEUN-NOH3 Z£:LZ 98,-ZZ-lO
A IX.
X.
Environmental Documentation (required by DWQ)
I. Does the project involve -an expenditure of public (federal/state/local) funds or the use of
public (federaI/state) land?
Yes ? No
2. If yes, does the project require preparation of an environmental document ursua
requirements of the National or North Carolina Environmental Policy Act p nt to the
Note: If you are not sure whether a NEPA/SEPA document is required, (ca the SEP)A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No E]
3. If yes, has the document review been finalized by the
attach a copy of the NEPA or SEPA final approval letter
State Clearinghouse? If so please
Yes ? No x?c
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.
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
1 • Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer
identify Requirements), or other (please
??l? Yes El No x
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
tf buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* IMP2ct R uired
s uare feet} Multiplier
Mlti ation
3 (2 for Catawba)
2.
1.5
Total
Zone 1 ext-]Gout 30 feet
additiona120 Ccet from the edge fofo one lsr tram the top of the near bank orchannel; Zone 2 extends in
3. If buffer mitigation is required, please discuss what type of mitigation is i. nto the
Donation of Property, Riparian Buffer Re identified /Enhancement, or Paproposed (e'
Riparian Buffer Restoration Fund). Please attach all appropriate information as tfied
within 15A NCAC 2B.0242 or.0244, or.0260.
Page t 1 of 12
1;OZ-n Z1 /l l d 555-1 E60LHHH OH 31IIl1HHSV HNHCOK-( OH3 TE : LZ 90 ,-Z1;-t0
a
t
r
t
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. P r o p o s e d e x c a v a t e d w i l l b e h a u l e d
off site by dump trucks.
1C XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition I(non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
X XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No U
Is this an after-the-fact permit application? Yes ? No E c
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,eor.state_?c 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).
This oroiect must be conducted during maximum draw-down
-? /.Z? O
Applicant/ gen s Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12.

l OZ-(1 U/ZLd SSS-Z ML66Z8Z8 OH HIIIl1HHSV HNHQON-WOH3 ZS : LL 90 .-ZL'-L0
ADDENDUM #1
10) The proposed project will entail excavation of 1/2 acre
of property owned by Lupton V. Rainwater, and slightly less than
1/2 acre of property owned by the TVA. All applicable environmental
impact studies have been completed and application for this project
has been filed with the TVA's regional office in Murphy, NC.
The equipment used will be a trackhoe and dumptrucks. All excavated
material will be hauled off site by dump truck and the project should
take about two weeks to complete, start to finish, weather permitting.

A I>
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LICENSE

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Impli" with the Clay
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FRANK LEON WOODARD
and wife,
PAULINE HUSKINS WOODARD
DB 44 PC 528
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y W LAND SURVEYING, INC.
P.O. LOX 1132
MURPHY, N. C. 28908
PHONE' [phone]

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OMB No. 3316-0060
Exp. Date 08/31/2006
'JOINT APPLICATION FORM
Department of the Army/TVA
The Department of the Army (DA) permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean
Water Act (P.L. 95-217). These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the
discharge of dredged or fill material into waters of the United States. Section 26a of the Tennessee Valley Authority Act, as amended, prohibits the
construction, operation, or maintenance of any structure affecting navigation, flood control, or public lands or reservations across, along, or in the
Tennessee River or any of its tributaries until plans for such construction, operation, and maintenance have been submitted to and approved by the
Tennessee Valley Authority (TVA).
Name and Address of (cant- Name, Address, and Title of Authorized Agent:
L L( 4rLt ?/ i G2 rt c c? ?
&,- 2 c;' qL''t
c c'sc1 ?1?2 J ??G ZVI cf'
Telephone Number: Home 2?b l.0 Telephone Number: Home
Office - t? Office
Location where activity exists or will occur (include Stream Name and Mile, if known):
Application submitted to ? DA NJI'TVA
-4%_?? ?c
Date activity is proposed to commence: A5AT Date activity is proposed to be completed: k?Fi L i5(-
Describe in detail the proposed activity, its purpose and intended use (private, public, commercial, or other). Describe structures to be
erected including those placed on fills, piles, or floating platforms. Also describe the type, composition, and quantity of materials to be
discharged or placed in the water; the means of conveyance; and the source of discharge or fill material. Please attach additional (-
sheets if needed. Pu c' 'Co L^ COY ?u?l kva
b r?o ?? ?- let ?8 ..?=? ? c.?-•?-?"v ?c.. . `T? t. P ?Lc' wrr ([-t I l I-j ? v10 5 ? c? w R?=S L_ ? v>, v c ??1?vr{. ? Irv
fLv t c
' ? 15
J
C,ee e ?? ?? 1a c, b t ?- off- 0 F R 10 I o t s . TD, t-
Application is hereby made for approval of the activities described herein. I certify that I am familiar with the information contained in
this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that
I possess the authority to undertake the proposed activities. I agree that, If this application Is approved b TVA, I will comply with
the attached terms and conditions and any special conditions that may be Imposed t y TYA ate a tim f approval. Please
note the U.S. Army Corps of Engineers may Impose additional conditigns or restription
to ign ture of Applicant
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and
willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shall be
fined not more than $10,000 or imprisoned not more than five years, or both. The appropriate DA fee will be assessed when a permit is issued,
Names, addresses, and telephone numbers of adjoining property owners, lessees, etc., whose properties also join the waterway:
t?S
TVA 17423 (8-2005] Page 1 of 2
List of previous DA/TVA permits/approvals ? DA 4co /ccz ? TVA may! c
Permit Number Date
Is any portion of the activity for which authorization is sought now complete? ? Yes ff?eo' (If "Yes" attach explanation)
Month and year the activity was completed: . Indicate the existing work on the drawings.
List all approvals or certifications required by other federal, interstate, state, or local agencies for any structures, construction,
discharges, deposits, or other activities described in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval
Has any agency nied approval for the activity described herein or for any activity directly related to the activity described herein?
? Yes No (If "Yes" attach explanation)
Project plans or drawings should accompany the application. These should be on paper suitable for reproduction no larger than 11 x
17 inches or contained on a 3-1/2 inch floppy computer disc in "dxf" format, and should be submitted to the appropriate TVA and U.S.
Army Corps of Engineers offices. An application that is not complete will be returned for additional information.
U.S.A.C.E. Offices TVA Office Location
U.S. Army Corps of Engineers U.S. Army Corps of Engineers Tennessee Valley Authority
Eastern Regulatory Field Office Savannah District
P.O. Box 465 The Plaza, Suite 130
Lenoir City, Tennessee 37771-0465 1590 Adamson Parkway
[phone] Morrow, Georgia 30260-1763
[phone]
U.S. Army Corps of Engineers U.S. Army Corps of Engineers
Nashville District Western Regulatory Field Office
P.O. Box 1070 2042 Beltline Road, SW, Bldg C, Suite 415
Nashville, Tennessee 37202-1070 Decatur, Alabama 35602
[phone] [phone]
U.S. Army Corps of Engineers U.S. Army Corps of Engineers
Norfolk District Asheville Regulatory Field Office
P.O. Box 338 151 Patton Avenue, Room 208
Abingdon, Virginia 24212 Asheville, North Carolina 28801-5006
[phone] [phone]
Privacy Act Statement
This information is being requested in accordance with Section 26a of the TVA Act as cited on the front page of this form. Disclosure of the information
requested is voluntary; however, failure to provide any required information or documents may result in a delay in processing your application or in your
being denied a Section 26a permit. An application that is not complete will be returned for additional information. TVA uses this information to assess
the impact of the proposed project on TVA programs and the environment and to determine if the project can be approved. Information in the
application is made a matter of public record through issuance of a public notice if warranted. Routine uses of this information include providing to
federal, state, or local agencies, and to consultants, contractors, etc., for use in program evaluations, studies, or other matters involving support services
to the program; to respond to a congressional inquiry concerning the application or Section 26a program; and for oversight or similar purposes,
corrective action, litigation or law enforcement.
Burden Estimate Statement
Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Agency
Clearance Officer, Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402; and to the Office of Management and Budget,
Paperwork Reduction Project (3316-0060), Washington, D.C. 20503.
TVA 17423 [8-2005) Page 2 of 2
Cs.• 1.
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MAP NO._______ TRACT NO.
0
2
Infor+etlon .bout out.t.ndln{ lot.rtrt. LA
L nds o'?ned In fee ?y TVA and rights nk holds
!n nthrr lend. 1. eont.lned In the rrrord. of
the fond Ar.nc h.
All bt.rlrys, dlst.nc.s, and tmrdln.tss rrr.r
to the •pproprl.te lt.te I...11n is lystt•, or
{rld, n utsb llsh.d by tM U. !. Cast .nd
O.odetls lurr.y. Orld b..rln{. .Would not Dr
tnnrwtd etth .utn.tle be.rtM..
rwthtr inrormtlon concern" surety control,
e oord ln.t.., tto., my Dt oD t.lnrd tr oa the
Wp• .nd lure.y. lr.nen oI tht to nnr n.i
v.lley Aut hor lty, Ch.t t.noo{. 2, ten-.rre.
HIWA33EE TOWNSHIP,
CLAY COUNTY. NORTH CAROLINA

SLJrE-•
EXISTING GROUND LINE ?4?1t• /
BOTTOM OF CUTj _ ?J 17 EL
EL Rik w Rm
PR0FlLE 19 T29
NO SCALE JAN 2 G 2006
?A
ft.
DENR - WATER QUALITY
WETLANDS MD STOPJAWATER BRANCH
EXISTING GROUND LINE r
111 \: " ... .
j?.?\ \ ::::::: =JT ..........
\ '_'- _,y EL
SECTION A-A
NO SCALE
L-01 A
PLAN
(AT BOTTOM OF CUT)
NO SCALE
NOTE: Spoil gill be plgced above
l
PROPOSED
CHANNEL EXCAVATION
OWNER
ADDRESS J ?
DATE?a'" -?

L

o. 5, r s,

rf,P y Ilez,
wego
Z s 2006
ITER QUALITY
rCMAVATER BRANCH
t'Iy??p
b rt '51b P,4

LUPTON V. RAINWATER
670 HWY 69
HAYESVILLE, NC 28904
PHONE [phone]
January 23, 2006
Division of Water Quality
401 Wetlands Unit
1650 Mail Center
Raleigh, NC 27699-1650
Dear Sir,
y y
RJE@[?flwo 0
JAN 2 6 2006
DENR - WATER QUALITY
t5c11AtJDSA!!D STO'%'AVATER BRANCH
Pursuant to my conversation with Mr. Kevin Barnett at the North Carolina Department of
Environment and Natural Resources, I am forwarding this application to you and others.
This project is for the excavation of a shallow cove on Lake Chatuge in Hayesville, North
Carolina. I have been in contact with Mr.Ruppert Westfield at the Murphy, North
Carolina office of the TVA and application has been made to them for approval of this
project.
Please review and do not hesitate to contact me if you have any questions. Your speedy
attention would be most appreciated as we are trying to get this project completed before
the lake is brought back up.
Thank you in advance for your attention.
1
Lupton V. Rainwater
Hayesville, NC
Office Use Only:
Form V-ivn March 05
USACE Action W No. DWQ No, v G 1 4
(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 ?
Section IO Permit Riparian or Watershed Buffer Rules
? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality C
Qu ertifiication
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certifiicat ^
is not required, check here: El
ion
4. If payment into the North Carolina Ecosystem Enhancement Program oscu
for mitigation of impacts, attach the acceptance letter from NCEEP, co(NCEEP) is pop '?'
and check here: []
mplete section VIII,
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the' project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: r_
II. Applicant Information L?
?( 1. Owner/Applicant Information JAN 2 6 2006
Name:LUPTON V. RAINWATER
Mailing Address: 670 H W Y 69 DENR -WATER QUALITY
" J.IWATER BRAtJCH
Telephone Number:_ ?s 2 8 > _ 3 8 9 _ 14_ Q,2 Fax Number:
E-mail Address: chia w b i a .'n e t -
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Page. 5of12
Fax Number:
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Ill. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads, Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the properly
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 II 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.
X 1. Name of project: RAINWATER SUBDIVI I
EY 2. T.I.P. Project Number or State Project Number (NCDOT Only):
597900516120;597900616132
1C 3. Property Identification Number (Tax PIN): R R 7,
1G 4. Location
County: CLAY Nearest Town: H A Y E S V I L L E
Subdivision name (include phase/lot number); CYPRESS POINT E Directions to site (include road numbers/names, landmarks, etc.): From t h e o i n t e r s e c t i o n of
U.S. Hwy 69 and NC 175, go south on hwy 175 3.2 miles to Jackrabbit Road,
right on Jackrabbit Road and go 9/10 of a mile to a new gravel road on right,
turn right and go to end and see subject property.
A 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):
off,
X 6. Property size (acres): 2 1. 7 3 acres
.frX 7 . Name of nearest receiving body of water: LAKE C H A T U G E
r 8. River Basin: H I WA S S EE RIVE R
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt://h2o.enr.state.ne.Us/adTnin/ma s/.)
X 9. Describe the existing conditions on the site and general land use in the vicinity of the project
at thetimeofthisapplication: Site is surrounded •b mostl wooded property and
some pasture. This project is being proposed to allow for the adjoining wooded
land to be developed for residential homesites.
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'F. 10. Describe the overall project in detail, including the type of equipment
allow for the excavation and deepenin tobeused:`This p will
further into t g of a very shallow cove and ck wa
o allow future homeowners enou h water to to back water
into their porperty.
SEE ADDENDUM #1 attached for more details. get their boats
?+ 1 1. Explain the purpose of the proposed work:
The nnrn- ._
p r i v
IV. Prior Project Hi3tory
eep enough to qet boats in & out of
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.
the USACE Action ID Number, DWQ Project Number, application date, and date
ermits Include
p
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 for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Nor ar ? tima_
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 tem orar .
Permanent and tem or p y All proposed impacts,
P ary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters and all streams eTeial
should be shown on a delineation map, whether or not impacts are (proposedeto these e 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.
I. Provide a written description of the proposed impacts:_ILi Pr e w'1 e r -
des en the water de p
h i
and back water
into an area that is below the 1928 elevation contou r ?
but t hold water d (hi h water mark),
doesn'uring normal
ool stage.
#2 Impact to shoreline- Project calls for placing rip-rap stone material
on excavated slopes.
Pagc 7 of 12
A copy
b0Z-f1 zT/L0d S5S-Z EWL66M8 OH H'TIIAHHSV HKEGON-WOE OS :LT 90 ,-H-LO
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 arately list impacts due to both structure and flondina
Wetland Impact Type of Wetland
Site Number Type of impact
(indicate on map) (e S•, forested, marsh
herbaceous, bog, etc.)
Total Wetl=d Impact (acres)
Located within Distance to Arca of
100-year Nearest Impact
Floodplain Stream (acres)
(yes/no) (linear feet)
3. List the total acreage (estimated) of all existing we 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. c6b
walls, gabions, etc.), excavation, ditching/straightening, etc. If (e.g.,
streamerel cation i sprposed
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 len th X width, then divide b 43,560.
Stream Impact
Number Stream Name Type of Impact Perennial or Average Impact I Impact
Area of
ndic Stream Width Length
ate on ma) Intermittent?
Before Imoact reo.?
Total Stream Impact (by length and acreage)
v 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
Ffill excavation Bred in , floodin , drainage, bulkheads etc.
Open Water Impact
Site Number Name of Waterbody Type of Watcrbody Area of
kLdicate on m app )
(if & licable Type of Impact lake, pond, estuary, sound, bay, Im act
ocean, etc.) ?, p__?
#2 Lake Chatu e
e
i-rap stone lake
1 10 acre
Total Open Water Impact (acres)
1 ac e
Page 8 of 12
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6• List the cumulative impact to all Waters of the U.S. resulting from the ro'ect:
Stream Impact (acres):
Wetland Im act acres :
O en Water im act acres :
Total Im act to Waters of the U.S. acres) a c r e
Total Stream Im act (linear feet):
Isolated Waters
Do any isolated waters exist on the property? yes
Describe all impacts to isolated waters, and include the type of water (wetland
the size of the proposed impact (acres or linear feet). Please note that thisorsectistreamon) and
only
applies to waters that have specifically been determined to be isolated by the USACE.
if /A
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 . 0 stream wetl
Describe the method of construction (e.g., dam/embankment, excavation, installation dof
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:___
VIZ, 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
o r n o n techniques to be followed during cons
truction to reduce impacts._ _T h i G p r o j e c t w i l l h a v e l i t t l e
ChatOl!
ed and E vironmental studies have been c_
will be act to the lake or fish. Additionally, prof,
r the uidance of the TVA. Application to the TVA has
been filed and a copy is attached.
X VIII- Mitigation
DWQ - In accordance with 15A NCAC 2H -0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
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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.rlc.us/ncwetlands/strmQide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism. (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation may also be made by payment into the North Carolina 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 htt://h2o.cnr. te.nc.tis/w /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 (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

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A Ix
( X.
Environmental Documentation (required by DWQ)
Does the project involve'an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No D
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 E]
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.
and must be clearly identifiable on the accompanying sAll ite planSeAll buffers mustbelshown onna
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.
Proposed Impacts on Riparian and Watershed Butlers (required by )DWQ)
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer
identi yes No Requirements), or other (please
?' ? ? x?x
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
Lf buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi )iers.
If yes, has the document review been finalized by the . State Clearinghouse? If so lease
attach a copy of the NEPA or SEPA final approval letter. Yes El No X p
zones
L?:4al
Zonc 1 extends out 30 fect
additional 20 Ceet frtmt the edge
Impact
ware feet) Multiplier
3 (2 for Catawb
:ular from the top of the near bank o
I . chanrtcl, Zone 2 cxtcnds
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Paym into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as tidenttified
within 15A NCAC 2B.0242 or.0244, or .0260.
Page I I of 12
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f1c
X
XI. Storaawater (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. Proposed excavated w i l l b e •h a u l e d
off site by. dump trucks.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? . No
Is this an after-the-fact permit application?. Yes ? No x
X
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 a
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
htt //h2o.e r.state. c.us/ cwetlands. 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 draw-down schedules for lakes, dates associated with )endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
ro'ect must be conducted during maximum draw-down
2v/ a
Applicant/Agents Signature- Late
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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11
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ADDENDUM #1
10) The proposed project will entail excavation of 1/2 acre
of property owned by Lupton V. Rainwater, and slightly less than
1/2 acre of property owned by the TVA. All applicable environmental
impact studies have been completed and application for this project
has been filed with the TVA's regional office in Murphy, NC.
The equipment used will be a trackhoe and dumptrucks. All excavated
material will be hauled off site by dump truck and the project should
take about two weeks to complete, start to finish, weather permitting.
/
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r? V I t'` '?/? \"I e; Ivry ???}?{ i\ 6HS`,A' \ 19 l ?4r.
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SUBMERGED ROADS
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DEPTH LINES - 1
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FRANK LEON WOODARD
and wife,
PAULINE HUSKINS WOODARD
DB 44 PC 528
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:HATUGE 1155
Y W LAND SURVEYING, INC
P.O. BOX 1132
MURPHY N. C. 28906
PHONE (828) 837 --5628
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OMB No. 3316-0060
Exp. Date 08/31/2006
JOINT APPLICATION FORM
Department of the Army/TVA
The Department of the Anny (DA) permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean
Water Act (P.L. 95-217). These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the
discharge of dredged or fill material into waters of the United States. Section 26a of the Tennessee Valley Authority Act, as amended, prohibits the
construction, operation, or maintenance of any structure affecting navigation, flood control, or public lands or reservations across, along, or in the
Tennessee River or any of its tributaries until plans for such construction, operation, and maintenance have been submitted to and approved by the
Tennessee Valley Authority (TVA).
Name and Address of ApHicant:- Name, Address, and Title of Authorized Agent:
V- a 1 K ? ?-
Telephone Number: Home 2% Telephone Number: Home
office - Office
Location where activity exists or will occur (include Stream Name and Mile, if known):
Application submitted to ? DA TVA nn__
Date activity is proposed to commence: ?Ap Date activity is proposed to be completed: i <
Describe in detail the proposed activity, its purpose and intended use (private, public, commercial, or other). Describe structures to be
erected including those placed on fills, piles, or floating platforms. Also describe the type, composition, and quantity of materials to be
discharged or placed in the water; the means of conveyance; and the source of discharge or fill material. Please attach additional
sheets if needed.
`r?n'v5 aPP?? Ca?N-?w Ls ? 12. '??- Pu 2(?rs? f,? T
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P-LA-pr3e- -oFe- 4U5 i`? Iz r? t L???cL.?
deep e Gt?! l ? Ctl? ??C7?'1 ?v?` Q-F PA V? I0 -J r TD, P- 1
• icti--?- (s O cVi? Lo- ( Le b-? ?u cC-aaa ? r) CC l v L-c4k o i\.-
..i,e- Pa.:PeP-4 ,
Application is hereby made for approval of the activities described herein. I certify that I am familiar with the information contained in
this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that
I possess the authority to undertake the proposed activities. I agree that, If this application is approved b TVA, I will comply with
the attached terms and conditions and any special conditions that may be Imposed try-TYA at a tiro f approval. Please
note the U.S. Army Corps of Engineers may impose additional conditions or restrip{on
to ign ture of Applicant
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and
willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shall be
fined not more than $10,000 or imprisoned not more than five years, or both. The appropriate DA fee will be assessed when a permit is issued.
Names, addresses, and telephone numbers of adjoining property owners, lessees, etc., whose properties also join the waterway:
9S
TVA 17423 (8-2005) Page 1 of 2
List of previous DA/TVA permits/approvals ? DA nco /cQ ? TVA y7 6?)!f c
Permit Number Date
Is any portion of the activity for which authorization is sought now complete? ? Yes [Dilo- (If "Yes" attach explanation)
Month and year the activity was completed: . Indicate the existing work on the drawings.
List all approvals or certifications required by other federal, interstate, state, or local agencies for any structures, construction,
discharges, deposits, or other activities described in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval

Has any agency nied approval for the activity described herein or for any activity directly related to the activity described herein?
? Yes No (If "Yes"attach explanation)
Project plans or drawings should accompany the application. These should be on paper suitable for reproduction no larger than 11 x
17 inches or contained on a 3-1/2 inch floppy computer disc in "dxf" format, and should be submitted to the appropriate TVA and U.S.
Army Corps of Engineers offices. An application that is not complete will be returned for additional information.
U.S.A.C.E. Offices TVA Office Location
U.S. Army Corps of Engineers U.S. Army Corps of Engineers Tennessee Valley Authority
Eastem Regulatory Field Office Savannah District
P.O. Box 465 The Plaza, Suite 130
Lenoir City, Tennessee 37771-0465 1590 Adamson Parkway
[phone] Morrow, Georgia 30260-1763
[phone]
U.S. Army Corps of Engineers U.S. Army Corps of Engineers
Nashville District Western Regulatory Field Office
P.O. Box 1070 2042 Beltline Road, SW, Bldg C, Suite 415
Nashville, Tennessee 37202-1070 Decatur, Alabama 35602
[phone] [phone]
U.S. Army Corps of Engineers U.S. Army Corps of Engineers
Norfolk District Asheville Regulatory Field Office
P.O. Box 338 151 Patton Avenue, Room 208
Abingdon, Virginia 24212 Asheville, North Carolina 28801-5006
[phone] [phone]
Privacy Act Statement
This information is being requested in accordance with Section 26a of the TVA Act as cited on the front page of this form. Disclosure of the information
requested is voluntary; however, failure to provide any required information or documents may result in a delay in processing your application or in your
being denied a Section 26a permit. An application that is not complete will be returned for additional information. TVA uses this information to assess
the impact of the proposed project on TVA programs and the environment and to determine if the project can be approved. Information in the
application is made a matter of public record through issuance of a public notice if warranted. Routine uses of this information include providing to
federal, state, or local agencies, and to consultants, contractors, etc., for use in program evaluations, studies, or other matters involving support services
to the program; to respond to a congressional inquiry concerning the application or Section 26a program; and for oversight or similar purposes,
corrective action, litigation or law enforcement.
Burden Estimate Statement
Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Agency
Clearance Officer, Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402; and to the Office of Management and Budget,
Paperwork Reduction Project (3316-0060), Washington, D.C. 20503.
TVA 17423 [8.2005] Page 2 of 2
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