20060817 Ver 1_COMPLETE FILE_20060516

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 25, 2006
Mr. Anthony R. Hefner
614 Capital Boulevard, #228
Raleigh, NC 27603
Subject Property: Anthony R. Hefner Property
Lake Royale [030301, 28-31-(1), B, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hefner:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0817
Franklin County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0066 acres of waters (Lake Royale) below the normal pool lake level and
0.0038 acres of waters (lake Royale) above the normal pool lake level for the purpose of constructing a
single boathouse, 10' x 16' dock, single jet ski ramp and wood steps at the subject property, as described
within your application dated April 30, 2006 and received by the N.C. Division of Water Quality (DWQ)
on May 16, 2006. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use
General Permit(s) GP80 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, and
water supply 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 CAM
Permit.
This approval is for the purpose and design that you described in your application. Please note,
additional fill of Lake Royale to provide buildable land is not permitted by this Certification. If you
change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total 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:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
None ?tthCarofina
401 Oversight / Express Review Permitting Unit AaAM1711d?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Garolina 27604
Phone: [phone] / FAX [phone] / Internet. http://h2o.enr,state. c.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Anthony R. Hefner
Page 2 of 3
May 25, 2006
Amount Approved nits Plan Location or Reference
Waters - Lake Royale - below normal pool lake level 0.0066 acres
I PCN and Lake (Full Pond Plan Sheet
Waters - Lake Royale - above normal pool lake level 0.0038 (acres) PCN and Lake Full Pond Plan Sheet
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
Lake Royale as identified within 15A NCAC 213 .0259(5).
3. 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.
4. 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.
5. 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.
6. Boathouse Construction
Boathouse may extend a maximum of 10 feet from the existing shoreline. There may be no
additional structures or fill in waters of the State (Lake Royale).
7. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

Mr. Anthony R. Hefner
Page 3 of 3
May 25, 2006
i,.
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the Raleigh Regional Office at 919-791-4200.
AWK/Um
Enclosures: GC3495
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Sincerely,
??e 1 1??4
Alan W. Klimek, P.E.
Filename: 060178BradBainbridge(Franklin)101
tf
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provides (0) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to akT? e -bottom
of greater or equal to 1 acre.
Applications should be sent to: Q 3 1 7
Division of Water Quality Wetlands Unit
1650 Mail Service Center ?(J
Raleigh, NC 27699-1650?,?.
n,?Y 6 2006
I. Applicant Information c`
1. Owner/Applicant Information
Telephone Number:
E-mail Address:• o
O g q Fax Number: i1q iq ) s L R-
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
II.
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
Location f'"?"t?t,n
County: f Nearest Town: 'GVI IY\
Subdivision name or site address (include phase/lot number): L C -,
Directions to site please include road numbers, landmarks, etc. (This is not n
.1 1 . . . , ,. - It L 1 _ i .. 1 I
2. Describe the existing land use or condition of the site at the time of this
application: P -)C, i,,? n !E) LtiaY-,Q t9 CD K-e "' M ??b?e i,r .;tom
3. Property size (acres): 0- CI-y W _
4. Nearest body of water (stream/river/sound/ocean/lake): ? a k k- I? ct
5. Describe the purpose of the proposed work: r _

S
6. List the type of equipment to be used to construct the project: EX CGtyror?
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, /
etc.) below the normal pool lake level in square feet or acres: 1 a+ Xa4 dc--
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap, 0.60 a
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward ' T
square feet or acres: I L4 X 1
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): (\O ceS) ODA. !?5fo s Applicant/Aient's Mgnaturd Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Please approximately sketch the fol{owing infonnaUon on this plan
(please provide: dimensions for each item, such as 10 ft. x'100 (t):
1) All proposed vegetation clewing (provide dimensions)
A Location or rip rap or fill to be placed above the NO Pond elevation
3) Location or nip rap.or fill to be placed glow the Full Pond elevation
4) The location of any proposed sbwtures such as buildings, retaining
wallsp dodo, etc.
5) The location of any excavation or dredging below t1he Full Pond
elevation.
B) LocoMon of construcHan access corridors.
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The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. T is Application cannot be used for wetland or stream impacts. Please
provide - "n (0)6copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to ake bottoin
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1. Owner/Applicant Information .
0 10 r) 0 1
_ ?, MAC
Telephone Number:
E-mail Address:• o
- G-egg y Fax Number: (q 19 ) 33'Sq -
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address: .
Fax Number:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: f?"e,? Nearest Town: L?
Subdivision name or site address (include phase/lot number): Lyak-y- wa! l._o-}- (oy _
Directions to site please include road numbers, landmarks, etc. (This is not
neccersss? y if an ad?quate vicinity map is included): P_ n-)-rance Loy lC.l
} o n MO_Y 1A!nC, ri 44 o V\ Qnoc-ya,,D - -
2. Describe the existing land use or condition of the site at the time of this
application: P_X, i ,;;'fif (1 c, kaw2 b Lx- 0 o c7 *t,.Q_ - I' I\-
3. Property size (acres): 5 CT aC: &kO
4. Nearest body of water (stream/river/sound/ocean/lake): ? a- k-.Q- R O ncI.
5. Describe the purpose of the proposed work:
6. List the type of equipment to be used to construct the project: Ex ccky ,?-Orj
IDS bC0.?"
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 1 a Xa4 _
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: l ?d X 1 d? _
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): CEO -e-S, 01M !5Y-vSS
Applicant/Aient's Si/gnature' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Please approximately sketch the foi lowing information on this plan
(please provide dtrmenslons for each Stern, such as 10 lit. x 100 ft):
1) AD proposed vegetation clawing (provide dimensions)
.2) Location of rip rap or, fill to be planed above the Full Pond elevation
3) Location of rip rap.or fill to be placed below the Full Pond elevation
4) This location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
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