HomeMy WebLinkAbout20061150 Ver 1_COMPLETE FILE_20060714wArF9P?
Mr. Hugo C. Solustri, Jr.
P. O. Box 176
Linwood, NC 27299
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
n?? Division of Water Quality
u `l D September 29, 2006
OCT 3 2006 DWQ# 06-1150
Davidson County
UENR - WATER QUALITY
WETLANDS AND STOMMATER BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Solustri:
You have our approval, in accordance with the attached conditions, to place fill within, or otherwise impact
by excavation, 0.172 acre (7,500 square feet) of open waters for the purpose of constructing a pier on High
Rock Lake on your property located at 7811 Linwood-Southmont Road (Lot 8, Riverview Acres) near
Linwood, in Cotton Grove Township, Davidson County, as described in your application received by the
Division of Water Quality on August 21, 2006. After reviewing your application, we have determined that
this activity is covered by General Water Quality Certification Number 3492, which can be viewed on our
web site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Regional
General Permit Number 198200030 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit (Regional
General Permit) expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the, Certification and
approval letter and is thereby responsible for complying with all conditions. If total fill for this project (now
or in the future) exceeds one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of the
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Waters 0.172 acre 7811 Linwood-Southmont Road, Lot 8, Riverview
Acres (Parcel Number 06022E0010008), Cotton
Grove Township, Davidson County
_ Aoe Carolina
Natura!!Y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet httP1/hwww.ncwateroua1ity.oro
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Hugo C. Solustri, Jr.
Page 2, DWQ# 06-1150
September 29, 2006
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance with the North Carolina water quality standards that are
applicable to lakes and reservoirs. Such measures must equal or exceed the requirements specified in
the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures
must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor owned and leased borrow pits, which are associated with the project.
3. 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 measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. 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. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form.
If you do not accept any of the conditions of this certification, 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
va
Alan W. Klimek, P.E.
AWK/cdl
Mr. Hugo C. Solustri, Jr.
Page 3, DWQ# 06-1150
September 29, 2006
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Triage Check List
Date: 8/23/06 Project Name: Hugo C. Solustri, Jr.
DWQ#: 06-1150
County: Davidson
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 8/21/06 - 10/19/06
From: Cyndi Karoly Telephone: (919) 733-9721
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 (Neuse, 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!
i!
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F `NATF
? ., `O?O ROG Michael F. Easley, Governor
William G. Ross Jr., Secretary
j r North Carolina Department of Environment and Natural Resources
-i
Alan W. Klimek, P.E. Director
Division of Water Quality
July 19, 2006
DWQ Project 9 06-1150
Davidson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Hugo Solustri, Jr.
PO Box 176
Linwood, North Carolina 27299 D ? ? ? ???
Subject ProPam'• Swearing Creek Excavation
NW Permitting Number AU6 2 1 2006
REQUEST FOR MORE INFORMATION W -NU , wnrr11 QunLJTr y
>a r1n as AtID 5TC,Rk4VATeiJ
RETURN OF APPLICATION PACKAGE
Dear Mr. Solustri:
On July 14, 2006, the Division of Water Quality (DWQ) received your application dated July 9, 2006 for
the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following information
so that we may continue to review your project.
Additional Information Requested:
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to
use.
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr sta•e ne us/ncwetlands
One
Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
? Incorrect permitting fee. Please see above item. Your check # for $ is
herein enclosed.
? A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
? Application was missing pages or sections of information. See Other section below.
OTHER:
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, 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 Mr. Ian McMillan or Nis. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ijd
cc: USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 06115011so1ustri(Davidson)_IYw#
..dv .
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2006 154327 229 County: Davidson USGS Quad: Southmont
GENERAL PEIUMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent: Hugo Solustri
Address: P.O. Box 176
Linwood. NC
27299
Telephone No.: 336 798-6088
Size and location of property (water body, road name/number, town, etc.): _ Solustri propertv located off of Linwood-
Southmont Road south of the intersection with Tersev Church Road, south of Linwood in Davidson County North
Carolina. The 0.15 acre project is located adjacent to High Rock Lake (Swearin2 Creek)
Description of projects area and activity: _ This permit authorizes the excavation of accumulated sediments from
approximately 0.15 acre (7.500 sq. ft.) of the lake bottom of the iurisdictional waters of High Rock Lake See
attached conditions that apply to this project.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, er revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas at 91976-8441 ext. 2.?-; .
Corps Regulatory Official I'Ll 5 / Date: 07/25/2006
- 95?1
Expiration Date of Verifications 07/25/2008
?u c? 2 ? 2006
„:41 c - v'lr 7 12 QUALITY
4}t:1 L NO rti`:U STOr{UV ATER BRAI+CN
Page 1 of 2
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 2006 154327 229 County: Davidson
Permittee: Hugo Solustri
Date Permit Issued: 07/25/2006
Project Manager: John Thomas
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2006 154327 229 County: Davidson USGS Quad: Southmont
GENERAL PERM IIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Hugo Solustri
Address: P.O. Box 176
Linwood. NC
27299
Telephone No.: 336 798-6088
Size and location of property (water body, road name/number, town, etc.): _ Solustri property located off of Linvood-
Southmont Road south of the intersection `vith .Jersey Church Road south of Linwood, in Davidson Countv, North
Carolina. The 0.15 acre project is located adjacent to High Rock Lake (Swearing Creek)
Description of projects area and activity: _ This permit authorizes the excavation of accumulated sediments from
approximately 0.15 acre (7.500 sg. ft.) of the lake bottom of the jurisdictional waters of 11i2h Rock I ake See
attached conditions that apply to this project.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must conta:t the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas at 91976-8441 ext. 2?; .
Corps Regulatory Official
Date: 07/25/2006
Expiration Date of Verifications 07/25/2008
o g@MV95
AU G 2 1 2006
ut.N?? SIU ?1"TEit4 dCH
Page 1 of 2 `,?T?,pghltDSTC
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 2006 154327 229 County: Davidson
Permittee: Hugo Solustri
Date Permit Issued: 07/25/2006
Project Manager: John Thomas
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
" WILMINGTON DISTRICT
Action ID. 2006 154327 229 County: Davidson USGS Quad: Southmont
GENERAL PERti1IT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Hugo Solustri
Address: P.O. Box 176
Linwood. NC
27299
Telephone No.: 336 798-6088
Size and location of property (water body, road name/number, town, etc.): _ Solustri property located off of Linwood-
Southmont Road south of the intersection with Iersev Church Road, south of Linwood, in Davidson Countv, North
Carolina. The 0.15 acre project is located adjacent to High Rock Lake (Swearin2 Creek)
Description of projects area and activity: _ This permit authorizes the excavation of accumulated sediments from
approximately 0.15 acre (7.500 sq. ft.) of the lake bottom of the jurisdictional waters of High Rock Lake See
attached conditions that apply to this project.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, sucpend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas at 919/76-8441 ext. 2,5-; .
Corps Regulatory Official
Expiration Date of Verificati
Page 1 of 2
Date: 07/25/2006
07/25/2008
?uG
\Sv, LJJ
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 2006 154327 229 County: Davidson
Permittee: Hugo Solustri
Date Permit Issued: 07/25/2006
Project Manager: John Thomas
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2006 154327 229 County: Davidson USGS Quad: Southmont
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Hugo Solustri
Address: P.O. Box 176
Linwood. NC
27299
Telephone No.: 336 798-6088
Size and location of property (water body, road name/number, town, etc.): _ Solustri property located off of Linvood-
Southmont Road south of the intersection with Iersev Church Road, south of Linwood. in Davidson Countv North
Carolina. The 0.15 acre project is located adjacent to High Rock Lake (Swearing Creek)
Description of projects area and activity: _ This permit authorizes the excavation of accumulated sediments from
approximately 0.15 acre (7.500 sq. ft.) of the lake bottom of the jurisdictional witers of High Rock Lake See
attached conditions that apply to this project.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas at 91976-8441 ext. 2,?-, .
Corps Regulatory Official Date: 07/25/2006 . 5 4-?? Expiration Date of Verification 07/25/2008
D
AUG 2
Page 1 of 2 ??C6
.gip ,Tnr; y rya?,3; ?ti;,4?
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 2006 154327 229 County: Davidson
Permittee: Hugo Solustri
Date Permit Issued: 07/25/2006
Project Manager: John Thomas
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2006 154327 229 County: Davidson USGS Quad: Southmont
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent: Hugo Solustri
Address: P.O. Box 176
Linwood. NC
27299
Telephone No.: 336 798-6083
Size and location of property (water body, road name/number, town, etc.): _ Solustri property located off of Linvood-
Southmont Road south of the intersection with .Iersev Church Road south of Linwood in Davidson County North
Carolina. The 0.15 acre nroiect is located adjacent to Hif=It Rock I ake (Swearing Creek)
Description of projects area and activity: _ This permit authorizes the excavation of accumulated sediments from
approximately 0.15 acre (7.500 sq. ft.) of the lake bottom of the jurisdictional waters of High Rock Lake. See
attached conditions that apply to this project
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terns and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discn:tionary authority to modify, suspend, or revoke a case specific activity's authorizatioi:
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas at 919X76-8441 ext. 2.S-: .
Corps Regulatory Official
Expiration Date of Verifica
Page 1 of 2
Date: 07/25/2006
'D
69
t ?U1?6
pFNfi-YJr,I? R?1r7i;N11R,u:H
l?l?`"'q3 r1tD ht.
r 4
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Action ID Number: 2006 154327 229 County: Davidson
Permittee: Hugo Solustri
Date Permit Issued: 07/25/2006
Project Manager: John Thomas
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US Army Corps Of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls Of The Neuse Road
Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
J
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January U005
Expiration Date: December 31, 2010
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERIUT
k-'-7 B . LE B
?J
AU G 2 1. 2006
,)-1Jit • VVAI' R QUALITY
ticNdNOS AND STORVOTER BRANCH
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN "
LAKES AND RESERVOIRS OWNED; OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and are operated by
public utility companies or under laws and regulations administered by the TVA. Activities
within these waters are the primary concern of, and should be regulated by, these parties. This
general permit applies to all waters on or within lands owned or under flowage easement to
public utility companies and the TVA. Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boathouses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
"-Z 7
Iv-
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guard requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and out fall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. On natural waterways 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or structure further waterward than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and.adjoining platforms, decks, boathouses, boat shelters, docks, and
"L" and "T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
2
w
I
f. Floating docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3116 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
m. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n. This general permit does not apply to structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q. This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
3
7. .7
A
s. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterward on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterward of the normal pool elevation is not authorized.
aa. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System
Voltage, Kilovolts
115 and below
138
161
230
350
500
700
750-765
Minimum Clearance (ft)
Above Bridge Clearances
20
22
24
26
30
35
42
45
4
_. - _ ?.
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas: Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable- obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
5
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
L This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
n
.y
6
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhl2.org/PaQes/heritaEredata.litm]. Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. Th6 permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
7
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE A
rtes R. Al . ander, Jr.
lonel, U.S. Army
District Engineer
8
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
UG c
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1, 2005
Expiration Date: December 31. 2010
•,r tJ?W . o1o
dra?t;,CH
DEPARTMENT OF THE ARIMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the, Rivers and Harbors Act of March 3, 1 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
"
LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and are operated by
public utility companies or under laws and regulations administered by the TVA. Activities '
within these waters are the primary concern of, and should be regulated by, these parties. This
general permit applies to all waters on or within lands owned or under flowage easement to
public utility companies and the TVA. Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boathouses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
.e?
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guard requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and outfall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. On natural waterways 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or stricture further waterward than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and.adjoining platforms, decks, boathouses, boat shelters, docks, and
"L" and "°T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
2
f. Floating docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3116 inch
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
M. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n.' This general permit does not apply to structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q: This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
3
s. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterward on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. iVlaterial placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterward of the normal pool elevation is not authorized.
aa. Them inimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System
Voltage, Kilovolts
Minimum Clearance (ft)
Above Bridge Clearances
115 and below
138
161
230
350
500
700
750-765
4
20
22
24
26
30
35
42
45
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions,
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreason abl e? obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
5
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
. _ . (5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
6
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhl2.or.s/Panes/herita?edata.html. Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
7
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE A
rles R. Al ander, fr.
lonel, U.S. Army
District Engineer
8
t
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1, 2005
Expiration Date: December 31. 2010
DEPARTMENT OF THE AILMY
GENERAL (REGIONAL) PERMIT
aag@ sr
AUG 2 1 Nub
o[Nri . vJCTrR QUA?il"? 4 ,;
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN"
LAKES AND RESERVOIRS OWNED; OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and are operated by
public utility companies or under laws and regulations administered by the TVA. Activities
within these waters are the primary concern of, and should be regulated by, these parties. This
general permit applies to all waters on or within lands owned or under flowage easement to
public utility companies and the TVA. Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boathouses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
.k
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guard requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and outfall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. On natural waterw;;ys 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or structure further waterward than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and.adjoining platforms, decks, boathouses, boat shelters, docks, and
"U' and "T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
2
f. Floating docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3116 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
m. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n. This general pen-nit does not apply to'structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q: This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
3
s. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterward on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterward of the normal pool elevation is not authorized.
aa. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System
Voltage, Kilovolts
-------------------------
115 and below
138
161
230
350
500
700
750-765
Minimum Clearance (ft)
Above Bridge Clearances
-------------------------------
20
22
24
26
30
35
42
45
4
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
pen-nit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable- obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
5
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
L This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
. . (5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
6
n. This genera] permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
http://www.ncnhp orQ/Pa-ges/heritaeed.ita html. Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Perrittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
7
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE A
rtes R. Al ander, Jr.
lonel, U.S. Army
District Engineer
8
R
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1. 2005
Expiration Date: December 31. 2010
UG 2
Drkr7
ti l?1J!)iai?WArr-
r?? gh:;l;n,H
DEPARTMENT OF THE AILVIY
GENERAL (REGIONAL) PERIUT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the, Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN "
LAKES AND RESERVOIRS OWNED; OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and are operated by
public utility companies or under laws and regulations administered by the TVA. Activities
within these waters are the primary concern of, and should be regulated by, these parties. This
general permit applies to all waters on or within lands owned or under flowage easement to
public utility companies and the TVA. Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boathouses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
V
.t
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guard requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and outfall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. On natural waterways 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or structure further waterward than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and.adjoining platforms, decks, boathouses, boat shelters, docks, and
"L" and "T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
A
f. Floating docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
M. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n. ' This general permit does not apply to*structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q. This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
3
s. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterward on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterward of the normal pool elevation is not authorized.
aa. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
-------------- - ---------- -------------------------------
115 and below 20
138 22
161 24
230 26
350 30
500 35
700 .42
750-765 45
4
•
C
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c: All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas: Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or.alteration.
5
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
6
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
httl2://www.ncnhp org/Pzaes/herita?zed,ita html. Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this pennit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
7
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE A
rles R. Al . ander, Jr.
lonel, U.S. Army
District Engineer
8
i
1
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: Januarv 1. 2005
Expiration Date: December 31. 2010
AU G 2 r ZUu?
44Z71Ah?3l?,?S rr Tr a??? R •r
• R,1 "NCH
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERiVIIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of thQ Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN"
LAKES AND RESERVOIRS OWNED; OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and are operated by
public utility companies or under laws and regulations administered by the TVA. Activities
within these waters are the primary concern of, and should be regulated by, these parties. This
general permit applies to all waters on or within lands owned or under flowage easement to
public utility companies and the TVA. Activities authorized are:'
a. Construction of piers, floating boat docks, boat shelters, boathouses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guard requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and outfall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landward of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. On natural waterways 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or stricture further waterward than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and_adjoining platforms, decks, boathouses, boat shelters, docks, and
"L" and "T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
2
1
'It
f. Floating docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3116 inch
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
m. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n. 'This general permit does not apply to structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q. This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
3
r
s. Bulkhead and riprap alignments will not extend farther waterward than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterward on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterward of the normal pool elevation is not authorized.
aa. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System
Voltage, Kilovolts
Minimum Clearance (ft)
Above Bridge Clearances
115 and below
138
161
230
350
500
700
750-765
4
20
22
24
26
30
35
42
45
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable, obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
5
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
L This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
In issuing this permit, the Federal Government does not assume any liability for the
following:
(l) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
. (5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
6
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general permit does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following internet address:
httl2://www.ncnhp.org/Paizes/heritagedata.litml * Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
r. The permittee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Pennittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
7
s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE A
f it
rles R. Al . ander, Jr.
lonel, U.S. Army
District Engineer
8
?F W ATF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
L3 Alan W. Klimek, P.E. Director
Division of Water Quality
July 19, 2006
DWQ Project # 06-1150
Davidson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Hugo Solustri, Jr.
PO Box 176
Linwood, North Carolina 27299
Subject Property: Swearing Creek Excavation
NW Permitting Number
® REQUEST FOR MORE INFORMATION
RETURN OF APPLICATION PACKAGE
Dear Mr. Solustri:
On July 14, 2006, the Division of Water Quality (DWQ) received your application dated July 9, 2006 for
the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following information
so that we may continue to review your project.
Additional Information Requested:
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to
use.
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
Ntii ally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
? Incorrect permitting fee. Please see above item. Your check # for $ is
herein enclosed.
? A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
? Application was missing pages or sections of information. See Other section below.
OTHER:
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing. If we
do not hear from you within three weeks, 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 Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
{-?
A
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ijd
cc: USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 061150I1so1ustri(Davidson)_NW#
L -tD&3- Fo P, n-) o o t 5
Tmc
JI ±L _ ?_ L!1??6
Offil-C Use 0111v:
I '
5 0
[;5;?f'F, Action 11) i`to. DWQ No. j
(if any ptu ticuiar itrm Is 'i(',f a;)hiicablc to this pro.lcci, prase enter "Not .At?plic: blc" : "N/A".)
Processing
1. Checl: ail of the approval(s) requested for this project:
IXi Section 404 Permit ? Riparian or ?Vat?rshed Buffer Rtilcs
[] Section to Permit ? tsolatecl Wetlat«'. Pci-mi, from DWQ
IX 401 Water Quality Certit1ct1t101I ? Express 401 1V.aer Quality Certilicatio:l
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this ilotjfication is solely a courtesy copy because written approval for the 401 Certili.ation
is no( required, check here:
4. If payment into the North Carolina Ecosystem Enhaucemeut Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal "ill l4Ni+l
Environmental Concern (see the top oCpage 2 for further details), chectj?ltc??c
tl ?
11. Applicant Information J e-- )11(116
1. Owner/A ?plicant Information
NaIiie: ?U? !LC S i r: I f Clt1O d . 7-/L .
Mailing Address: -,Q Ae)X /
Telephone Number:3,3&; -'?9g- &089 Fax Number: 4L -- -?7'.5-1 7-5'
E-mail Address: _?'. Cox, u.5 F ,ei -? iw f and
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:
iVlailing Address:
Telephone Number: Fax Number:
E-mail Address:
??G?. I 5 of 12
l.tt. i?l'O ut 111f'.>rol'.u G11
;kttach a yicinit,' niap cleark. showul,_ the 1ccoiOl1 o: the resocct tC iot-ai
1a1idmarhs `iiich .hS tov,-ns, fivers, and malls. AiSO ;1CovidC a dctall:ci -site 1) 1:111 sho\ving pr„)crty
1)01111darieS Llnd dCV0101)n1C11( plaGS 111 1'Ciatlon to SUI'rolln( EIL' OI'o11C:lIC:i. Both the ?'1C1171t`? ;11211)
and site nl2un must include a scale taxi rnorth arrmw. The spcciti_ footprints ol Al bill:
impervious surtaccs, or other faci'.itics must be include]. If po::siNc, the neaps and plans Should
include the appropriate USGS To1)0'rrapil'C Quad \0p and MRCS Soil Survey with the pucperty
boundaries outlined. Plan drmvil;_2s, or other I1)aps play be included at the applicant's disc_etion,
so long as the property is clearly defined. 1'or adnlill kirltl c a1i?' distribution purpos_s, the
USACG requires information to be subulittetL on shoots no l?u iTer than 1 i by 17-inch :o--inat;
however, DWO rnav accent nancrwork of any sire. DIA'Q prefers full-slz;, constn;ct)on
drawhilgS rather than. a SCgIIClltIll Sllcct version of the full-size p1L111s. It full-size plaits are
reduced to a snhall scale such that the final version is illegible, the applicant wilt be iihlorm.d that
the project has been placed on hold until deciplicrai)le maps are provided.
1. Name ofprojcct: ?:X e'AV?11'LU_?! SJ?r QitnGl?L? ??1 L>- y/? - -
2. T.I.P. Project Number or State Project Number (.NCDOT Only):_- --
MAP It G'4• -O-Z-7 -E-LY-'/ ?GCe)g
3. Property Identification Number (Tax PIN): O -!e '/Pr?c-A) _gr, i /-,? 431< 77c)-
4. Location
County: AV MS(--)AJ Nearest Town: ?GX?nl(tTC?n;
Subdivision name (include phase/lot number): QIV'-:RVIE W% laC 1-2,.F- 1; ?0-r
Directions to site (include road numbers/narrics, laIldmarks, etc.):_T- _Li
?i _ -
?aGt1 i t11?70N i D) nY&rcC Q .Stv rN and
6A) j-7/f RiG#:1 F?E'C??ccQi?'t! SUU?c/ ?115T ,C1,L?tr.CO ri?3t4 F cl?cty ?EF? ?? ?rn/?
Fx'crn i7rc iNTcP,rEe'T/e OF ;jciP y Chi?iCCN RD E /.v CI iev1;!eic:r'RD' JMi DA/ LcFcr
- --na ctE F csrl Xf I' 0= c''' .M
5. JI e co?rc Ina es I ?.isi t? t?cl s a i 15ff?y line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (G digits ininiinuIll): ON Ow
J
6. Property size (acres): -? • &3 4cp&-:
7. Name of nearest receiving body of water: 41cl/? RG<x ?A •Sl?cc'1Fl?A[/y S?Z; AgL66I leE"E
S. River Basin: ` ADr</nJ /l l YcP eZ.511\1
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http_//112o_cnr.state.nc..us/QC11111t1i1111pSL)
9. Describe the existing conditions on the site and general land usC in the vicinity of the project
at the time of this application: /' I / cc 7-,cgf-goA`T 6A1 ?. G3ri , s icJ11
bccI3 /'CST.??c tFO .5uf30?t'?S:cn,` -
n lt?rf: Z•lC-.r? AC'?:c S ? f}/?,JD!/l?'//l.'C! F/'L%F'r"2T'! ?S Lil.i?iflpjc'CL'c1? /?tnL_? Sif7TE
. i,c 6 o fi 2
P). Describ:° the ovc all project in d',n aiI, incILidinL? the type of cciuillilI u', to l)C-
?'GmcvfjL GE-1??-Gc.'uacC_.yi1?'??_Cf S?a;?nEn1r u_s?.t,cf..?_..T?f??'_1_[??t??A?!ITC'P
11. :cl:_ _ _---_-_-_--
EXp'aili d10 hU:•posC of the prop,scd work: Tv /VC - CC , ?c<<,ecmENT
IV. Prior Project 1-Iistory
If Jurisdictional Cie!Crlninati0ilS Clad/or permits have been requested and/or obtained 1'or this
project (including all prior phases of the sank subdivision) in the past, please explain. 111:ludc
the USAGE Action 1D Number, D`VQ Project Number, application date, and date permits and
certifications were issued or N ithdrawn. Provide photocopies of previously issued Permits,
certiftatlons or other useful Iil.ornlation. Describe p!-CVi0USIy approved wetland, streai;'. and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT p:oJ'Cct,
list and describe permits issued for prior segments of the same T.I.P. project. along with
construction schedules. N%n
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated %vork,
and provldejustiflcat1on for the exchlSloll Of this w01-k 1.0111 the CLI1TCI1t appllCatlOll.
%VV 7
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 mint be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and Inust be labeled and clearly identifiable on all
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropr:atc.
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.
1. Provide a written description of the proposed impacts: ',-? 0 cfygle- y?l'D5 ?:?!/IV/)Ticvt/
?? Win; rnrN T Na
Pagc 7 of 12
2. Individually ? ctland impacts. Types of impacts not lino:.; 4 il?
1111, VatI011I tIOJ(II1].,, (t.!tilt Ct(. For
n?c:tla!I1,'('?i ciao' ( ;, cxca
scn:)ratcl', il?! i!nnacts due tO hoth ;?tructurc aril i'loocli]W.
Wetland snip ict
Site Number
(indicate. 011 snap}
i
- ---- -
Type of Wedaild
I ?pc of'Impact ( ;orestcd. marsh,
ill'ftiaCCOUti, bo'-, Cte.)
- 'rota: \ etland I1PC)act (acres) --- LU?af ':, `S 1 Il
lol )dplai:l
1
l_cs/1110}
--- - ) ti.,Ull'e J 1 0,
5t . a 1. :?: )
1
nCar ic.f,
'
i
- ?_?
t
3. List the total acreage (estli-nated? of all existing wetlands on the property:--_
4. Individually list all interniitmit .ind perennial stream impacts. Be sure to .i(Ientify temporary
impacts. Stream impacts include, bat arc not limited to placement o: till or culverts, dam
construction, flooding, relocation, stabilization activities cement walls, rip-rap. crib
walls, gabions, etc.), excavation, ditching/straightening, etc. if stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included- To c:llculaic acreswe- nlultinly lcnut}1 X width. then divide by 43.560.
Stream Impact
Number
indicate oa inip
Stream Name ,
1 ?' )L Of III; let I (renn1al or
l p 1111teirillttent7 ?lveragc ; Impact
Stream Width Lell?,tl:
i
Before Impact (linear feet) Area of
:paCC
I11
(acres)
i
Total Stream Impact (by length and acreage) - - t--
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. dredelnL,. floodlna. drainaLTe. bullcheads. etc.
Opea Water Impact Name of Water b
body Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, Impact
Indicate on ma) ocean, etc.} (acres)
f ih/?L[y .`?trJc.?f•'/.??? cc.? X??1 t?/ITiL'VliCf?L'i/r?I
1 ' ?.??-f'
I
I
_
Total Open Water Impact (acres)
P:'eSoI'
:2
0i`.%c Impact to 111 V. aiCCS 0 01(2 U.S. 1•0SU till" 17"'0 1'.! ttlc 1)!•ojcci:
`iii`--•:?; Itl;jw.:l (acres)'
I w?'e11:;1C1 Itlli).iC't(acl':._)_----•-------- ------'---? ,
I l)U(;n w??:lter l.il:])i1Ct (11:t'C;S1: - -- ------- ??>QG?FT
ota, ]nlpact to Waters oftilu U.S. (acres) '75ZU I
Iota] Stream Impact (linear feet): - ---- -- h??--?
Isolated ` ! ,'ters
Do any isolated waters exist on the property? ? Yes No
Describe all, impacts to isolated waters, and include the typo of water (wetland oi- strcall:) and
the size of the proposed impact (acres or linear feet). Pleas;; note that this section only
applies to waters that have specilically been determined to be isolated by the GSACE.
S. Pond Creation
If construction of a- pond is proposed, associated wetland and stream impacts should be
included above in the wetland and streanl impact sections. Also, the proposed pond Should
he described Bore and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the lnetllod of collstrUCtioil (e. ., dam/cmbanknlent, excavation, installation of
draw-down valve or spillway, eic.): ? A
Proposed use or purpose of pond ('e.g., livestock watering, irrigation, aesthetic, trout pond,
local slornnvater requirement. etc.): tiIA-
Current land use in the vicinity ofthe pon : t.lLA-
Size of watershed draining to pond: __ Expected pond surface area:__td1A
V11. Impact Justification (Avoidance and Alinimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
lnfoi-oration related to site constraints such as topography, buildillg 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 dUrill(T Construction to reduce impacts.1 am E mPLt,%q tAk1 AN
ENP,zoit:, mcii.D. i4w,i,i04 rtiLE API)FN 6XCANIA71t_-lU Tr=r??n,ir?AAl t if C) 15 PPCiituRmc,
VI1I. N itigation
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 percimial
streams.
1,a"C9of1
;.n o1 Natiol Ecc
SA.?_. 'C?, '1 accordance with the FiIal Notice ol:' Issualcc •ri .\floiiitcati1
U - I 1
Perri Iit,l. l)ubiIshed in the PedeILII Rcgistcr Oil January 15, 2001, 1LI'ti_,ation reuuired
necessary io ensure that advcrt;c t'.II' is to the aquatic enviromiient are. n11lllmal. FL-1'ior:I
including siLC and type of proposed impact and fimction and reiativc value o the I17Ip:._;cd
aquatic resource vVlll be considered in detcril-iininc, acccotabllity of appropriLitc, Laid pracil:,Ibi:;
mitigation as pro?loscd. E.xamplcs of mitigation that may ilc appropriate anti pra?:ticaille illc:u.le,
but are ,lot himited to: reducing the size of the proleci; Cstabiishin and Inaiiilaliling '.'re:i:ln 1
and/or Upland vegetated buffers to protcct open waterS Such as streams; Lmd. replacing loss,-s of
agtliitIC rCSOLrCC iUIICtiotts alld V?ducs by creating, restorll:?, e1111ai1C111_'. or pi'%sCl"V'iil? s:iailai
functions aml val.,cs. preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan n;ust be attached in order
for USAGE or DWQ to consider the application complete for processing. .any application
lacking a required mitigation plan or NCEEP concurrcnce shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in D?VQ's
Drat( Technical Guide for Stream Work in North Ca:•oIil,a, availablc at
hit 1, 12o.'A .statc.uc.u _ ,l??.v?tl Inds Striligidr hirnl.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not l mitcd to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amo-,u:t (acreage,'linear feet)
of mitigation proposed (restoratlori, enhancement, creation, of preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement. etc.), and
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
(919) 715-0476 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?tp_/I12o.enr.state.nc.usiwrp/index.htm. If use of file NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 01A
Amount of buffer mitigation requested (square feet): ?? A
Amount of Riparian wetland mitigation requested (acres): ? 01A
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): ?A
Page loot, l
LIC. Env vii-on ;rental DOCillnt:llt"dOi? ( i-C(t Ili I", d fly DNVQ)
1. Does th;; project involv(.- ai: CxpVRd1t000 Of pt;hlic t l?dcralr's;:atcllu;all 111ds or tide a ?.f
public ((edefaf/state) lculd`? Yes L_; N o I CI
2. 11 yes, does the projecl 1'C?.ll.lil' pt'( 1J)arauon Ot all cllNIr011:111en'-l dOCUil: ni pul'S:Lillt to t1w
rec,llircnlents of the National or North Carolina Em,iromnental Policy Act t'vEPA/SEP,?V
Note: if you are not sure whether a NEPA;SEPr\ document is required, Ca", the Sy?P,1
coordinator at (919) 733-5053 to review currel;t thresholds for environmental documentation.
Yes ?f No F I
3. If yes, has the document review been finalized by :he State Clearinghouse? It' so. please
attach a copy of the NEPA or SEPA filial approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DNVQ)
It is the applicant's (or agent's) responsibility to determine, delineate and nwn all impacts to
required state and local buffers associated with the project. The applicant must also provido
justification fur these impacts in Section VII above. A11 proposed impacts must e listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts aro proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15,E NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No N
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer nluttiDliers.
Zone* Impact Multiplier Required
(square feet) Nliti,,,ation
1 3 (2 for Cata% ba)
2 1.5 Total I
k Zone I extends out 30 feet pet;nendicu!ar from the top of the neat' bank of channel; Zone 2 extends an
additional 20 IM from the edge of "Lone I.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund), Please attach all a ?propriate 1nfornlatloll as identified
within 15A NCAC 23 .0242 or .02=11, or .0260. ,J
P': ?:; I f o
°,:1. Storlim;'Xt't• (required by D Q)
and proposed) versus total acrCagc ol) the site. DiSCUSIS
Storlli\VVatcl' COntrolS proposed in order to protect surface, waters and wetlands do`.vnstreain froll:
thy' l":opoliV. lT ncrcent iii pervious surface CUCCLIs plCasu provide calcUl tlol)s
der-lonstratir:U total proposed III llx°rvtolls, level. ST(?L ??,?13 ) ALTBQi.`?_1
XI I. Sewa?,,e Disposal (required by DWQ)
Clearly detail the Ultim-ito treatinent methods and disposition (non-discharge or discharge) of
wastewater- generated from the proposed project, or available capacity of the subject facility.
XI11. Violations (required by DWQ)
Is this site, in violation: of DWQ Welland Rules (15A NCAC 21-I .0500) or any Buffer Rubs`.'
Yes ? \?,
1/4
Is this an after-the-fact p rmit application? Yes ? No NO
X1V. 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
Lai
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
litth / l>>o.enr.stalc,tic, u z,'nc,,vetlands. 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 Specics, accessibility problems, or other issues outside of the applicant's control).
e__ -
`,,
(E pplicall '&',(,elks Sihnaturc Date
ge11 8 signature Is valid only if an authorization letter from the applicant is provided.)
Pagc 12 of' 12
Alcoa Power Generating, Inc.
Yadkin Division
P.O. Box 576
Badin, NC 28009-076
MEMORANDUM FOR: Yadkina Division, Alcoa Power Generating, Inc.
SUBJECT: Description of Planned Excavation
ESTIMATE OF MODIFIED RESERVOIR BOTTOM: 50'(width) x 150' (length)
of reservoir bottom.
AMOUNT OF MATERIAL REMOVED: 120 cubic yards of sediment.
PLAN FOR DISPOSAL OF EXCAVATED MATERIAL: Excavated material will
be hauled approximately ten (10) miles inland and used for fill.
RESOURCE IMPACT ASSESSMENT/POTENTIAL IMPACT TO WATER
QUALITY: Removal of 120 cubic yards of sediment will have not adverse impact to
water quality. Conversely, removal of 120 cubic yards of sediment will have the
opposite effect on water quality, as well as fish habitat.
SCHEDULE FOR CONDUCTING PROPOSED EXCAVATION: Below is a
tentative schedule for conducting the proposed excavation.
LATE OCTOBER/EARLY NOVEMBER TIIIEFRANIE - Begin Proposed
Excavation Project.
MID/LATE NOVEMBER TINIEFRAME - End Proposed Excavation Project.
Mitigating/Extenuating Circumstances affecting proposed project:
1. Lake level drawdown timeframe.
2. Inclement weather affecting excavating equipment and lake level.
C SOI-IS RI, JR.
HUGJ
P. 0. Y
176
LINWOOD, NC 27299
Davidson Co., NC -- Printable 'Nlap
Davidson Co.. NC
Parcels
Page 1 of 1
Parcel Number: 06022EO010008
Pin Id: 6711-01-27-8901
Owner:
SOLUSTRI HUGO C & SUKHON
P O BOX 176
LINWOOD NC 27299-0000
Property Address:
7811 LINWOOD-SOUTHMONT RD
Additional Information :
BK1 L8 BK779-1226
RIVERVIEW AC
Land Units: 2.63 AC
Deed Book: 779 Pg: 1226
Deed Date: 8/7/1991
Account Number: 000008995173
Township: Cotton Grove
Exempt Code:
Building Value: $79,760
Other Building Value: $810
Land Value: $52,500
Market Value: $133,070
Assessed Value: $133,070
Deferred Value: SO
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map
information is believed to be accurate but accuracy is not guaranteed.
http://?"vw.webgis.net Anderson & Associates, Inc. http:;lwww.andassoc.com
llttp://arcims.-,cebgis.net/davidson/printable.asp?process=id 1 &z2=1612798.69&,v2=71792... 7/10/2006
3M1Lt;y5, E,t-r1T TACKLE Cirzccer-7lG1 re lo
Davidson Co.. \C -- Printable Map ,
Davidson Co., NC
Pa
S
Parcel Number: 06022EO010008 Land Units: 2.63 AC
Pin Id: 6711-01-27-8901 Deed Book: 779 Pg: 1226
Owner: Deed Date: 8/7/1991
SOLUSTRI HUGO C & SUKHON Account Number: 000008995173
P 0 Box 176 Township: Cotton Grove
LINWOOD NC 27299-0000 Exempt Code:
Property Address: Building Value: $79,760
7811 LINWOOD-SOUTHMONT RD Other Building Value: $810
Additional Information : Land Value: $52,500
BK1 L8 BK779-1226 Market Value: $133,070
RIVERVIEW AC Assessed Value: $133,070
Deferred Value: $0
-1+4",L-
City Limits:
None
Fire Districts:
Name: LINWOOD
Sq.Miles: 19.9
Other Attributes
at point 1613059. 718030
Townships:
Name: COTTON GROVE
Sq.Miles: 41.67
Zoning Districts:
Zone: RA-2
Page I of 2
Soils:
DSL Name: DaE
Soil Name: DAVIDSON
Type: LOAM
Percent SL: 15-25
Hydric:
http://arcinis.webgis.net/nc/daN,idson/printable.asp?process=id&x2=1613058.98598259&y2... 77 /2006
Davidson Co.. NC -- Printable Map
Pace 1 o1'2
Parcel Number: 06022EO010008 Land Units: 2.63 AC
Pin Id: 6711-01-27-8901 Deed Book: 779 Pg: 1226
Owner: Deed Date: 8/7/1991
SOLUSTRI HUGO C & SUKHON Account Number: 000008995173
P 0 BOX 176 Township: Cotton Grove
LINWOOD NC 27299-0000 Exempt Code:
Property Address: Building Value: $79,760
7811 LINWOOD-SOUTHMONT RD Other Building Value: S810
Additional Information : Land Value: $52.500
BK1 L8 BK779-1226 Market Value: $133,070 i
RIVERVIEW AC Assessed Value: $133.070
Deferred Value: $0
City Limits:
None
Fire Districts:
Name: LINWOOD
Sq.Miles: 19.9
Other Attributes
at point 1613059, 718030
Townships:
Name: COTTON GROVE
Sq.Miles: 41.67
Zoning Districts:
Zone: RA-2
Soils:
DSL Name: DaE
Soil Name: DAVIDSON
Type: LOAM
Percent SL: 15-25
Hydric:
http://arcims.Nvebgis.net/nc/davidson/printable.asp?process=id&x2=161'058.98-598259RN 2... 7
Davidson Co., NC
14 Davidson Co.. NC-- Printable Map
Page 1 oi' 2
Parcel Number: 06022EO010008 Land Units: 2.63 AC
Pin Id: 6711-01-27-8901 Deed Book: 779 Pg: 1226
Owner: Deed Date: 8/7/1991
SOLUSTRI HUGO C & SUKHON Account Number: 000008995173
P 0 Box 176 Township: Cotton Grove
LINWOOD NC 27299-0000 Exempt Code:
Property Address: Building Value: $79,760
7811 LINWOOD-SOUTHMONT RD Other Building Value: $810
Additional Information : Land Value: $52,500
BK1 L8 BK779-1226 Market Value: $133,070
RIVERVIEWAC Assessed Value: $133,070
Deferred Value: $0
a Other Attributes
at point 1613059. 718030
City Limits: Townships: Soils:
None Name: COTTON GROVE DSL Name: DaE
Fire Districts: Sq.Miles: 41.67 Soil Name: DAVIDSON
Name: LINWOOD Zoning Districts: Type: LOAM
Sq.Miles: 19.9 Zone: RA-2 Percent SL: 15-25
Hydric:
http:l"arcims.webgis.net/nc/da\,idson'printable.asp?process=id&s2=1613058.985Q8259&y2... 7/8 2006
Davidson Co., NC
Davidson Co., NC -- Printable Map
S ,
Davidson Co., NC
1 Q1'1?
13?! .
tilt r
1.52A
5336
..ri JA
2.19A
6280
--'z
7111
7052
2.6 3A
$901
2.1 1A
8820
2.74A
8628
2 5)A
8504
(Fj,l
y
Page 1 of 1
ZITC
ZXCF.vA''?p pRorn
S1. S' To
C,?7? St.oPING
FOR OtyAtNA," E TC)
a45'? I$?°
4LEV?-rjaN L51, 5
5 Parcels
Parcel Number: 06022EO010008 Land Units: 2.63 AC
Pin Id: 6711-01-27-8901 Deed Book: 779 Pg: 1226
Owner: Deed Date: 8/7/1991
SOLUSTRI HUGO C & SUKHON Account Number: 000008995173
P O BOX 176 Township: Cotton Grove
LINWOOD NC 27299-0000 Exempt Code:
Property Address: Building Value: $79,760
7811 LINWOOD-SOLITHMONT RD Other Building Value: $810
Additional Information : Land Value: $52,500
BK1 L8 BK779-1226 Market Value: $133,070
RIVERVIEW AC Assessed Value: $133,070
Deferred Value: $0
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Maf
information is believed to be accurate but accuracy is not guaranteed.
http:Nwww.webgis.net Anderson & Associates, Inc. http://www.andassoc.corn
http://arciins.webgis.netldavidsonlprintable.asp?process=idl &x2=1612798.69&y2=717928.... 7/8/2006
LIU]
d ` ¦
6 T t
Se 01111N.:
}
USACE. Action 11) No. DNVQ ,No.
(ti allj' ?)E;;ti Li r ItCtll is :lot anollcable to tLis pvojci;i, please enter "Not Appliczaole° o1"
1. Processin-
1. Chcofc 21H of Lilo approval(s) requested for this Project:
?X Section -?'.04 Permit ? Riparian or Watershed Buffer Rules
DX Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Watt:' Quality Certification ? Express 401 Watcr Quality Ccrtificatioll
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this ,:Otif icatioll is solely a courtesy copy because written approval for the 401. Certification
is 1,0t required, check here: ?
4. If payment into the North Carolina. Ecosystem 1?nlhanccment Program (NCEEP) is proposed
Io; mitigation of impacts, attach the acceptance letter ti-om NCEEP, complete section VIII,
and check he..: ?
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 Conccrn (see the top of page 2 for further details), clit] e ?
U. Applicant Information JUL 1 4 2006
1. Owner/A )plicant Information "
Name: ?C>? u.ST? 1 f?Clt O L 7' n
Mailing Address: 'G )X /76, kIly"00olD, ?' ?? 799
1'clephone Nu:nbcr:?3?, ??I - loGgy Fax Number: ?--
_357 .5/ 7S
E-mail Address: CJ /w fine) i/. 6!40;,n
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.)
Namc:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Nun:bcr:
E-mail Address:
Page 5 of 12
71t. ','l'01CCt Ili1')Plt::?. t.(ilI
Attach a Vicillity ii).)) Cleal•l\ si)owi;l ; the loCatioll of the prop rty with respect to lol ,al
landlllarks ,;;,Ch a8 to'wl';S, rivers, and roads. Also provide a dctall:1'd site )lail showln-; properly
boUlldariCS gild development pl::cs in rci ition to surrourldill`T prof!crl,es. Both the vicinity rilah
and site. flan mu:a include a Scale rind north .u•row. The spccitic footprints of all buildings,
impervious surf,ices, or other faci'.itics must be included. If possible, the Iuaps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries; outlined. ]'fail drzm"m.2s, of other r)aps may be included , t(lc applicant's ('.iscrction,
so lom: as the property is clearly defined. For administrative and distribution purposes, the
I1SACE 1'CC1U11'eS 111fo2'I11a11011 Al be Silblllltt.Ci(1 l?ll sheets !lo lan-,er than 11 by 17-inch format;
however, DWQ may acce»t mipcrwork of any size. DWQ prefers fitll-size constructloii'
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 :1014 until decipherable maps are provided.
1. Name ofprojcct: yX C'/)V/] i ie-m) G'F r5i---/)imc?7 ?{L
1'.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Nuns ler (Tax P(N): D<5eRiPTion1 3f; I I-8 Bk •77c) -1-726
Location
County: ? nV t SON Nearest Town:
Subdivision name (include phase/lot number): RtycRVrEuJ A(AES
Directions to site (include road numbers/names, landmarks, etc.): 'Z- ? S `r_X t 8 S' (Lvie o -
?cu rrimew r R r') lpli 'cE0 .wiry ON 2 6 %CFFJC'c" cynl Tif r357' A11V4'-C-C0 LZ, ri E1,0 C'YQ
Fmcirn l?IC /_Nrci;:E('TIVN OF 0rciPSc'y GHi?xe-a iPD i Div ?<Gp m x;r,Pp ?.? /yip on/ !-xFr.
Q
CSR t D15? .Vf "- F c ?.? , Q I41?
lne, attach a sheet that
Jle COOI'd1I]al(S'Iflll.1I ?I'(1i CI? SI?tlffSTI Uai'i`lilyi
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON °W
6. Property size (acres): cq • &.3 ftc E: -
Nanie of nearest receiving body of water: /-f/cYIf RC< .Cll.kc . SPCC'.IF/&JZ 'V
S. River Basin: `,4DI- iW 12,I11cP. v>/'sinl
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hltp_/11i2o,cnr_statc.nc_us/adlTlin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: -?-/ / ?c).'t7-cRf-,eoNT pill :5?, 63lnxees L4)1 im
--5(FT iVilit 5 ?c 5/y?/l,' i ii7L DccD RE5791d rFD Su130>!'rS:c.1; -
tf.l iC.? %rt/=c 5? f?n_;TCi?1i?'4 l'RCPCRTY /5 62,11,11PKCV6O 2t/1L C5 71)Z6 .
l aoc 6 oC
W'. Descr il?'.; tho _ vcralt 1-`;-,)ject lli detail, i1AC1UdM,2 the type ofequip`;: cw, Cli ail; U ed:- -_-- --1-----
/ic"/?1G(Jf}L
1 1. L.'xhl:lili tllo purposc ofthe proposed Work: Vv rnCCT a:5-=0
--
IV. Prior Project 1-[istory
If jurisdictional determinations and/or permits have been requested and/or obtained Cor this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACU. Action 1D Nuinbcr, DWQ Project Nuinbcr, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
cerli;ications or other useful iihlbrmation. Describe previously approved wetland, stream and
bul:er impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list zmd describe permits issued Cor prior segnherits of the same T.I.P, project, alone with
construction schedules. N%A
V. Future Project Plans
Are any future permit requests anticipated for this project`? If so, describe the anticipated work,
and provide justitication for the exclusion of this work from the current application.
V1. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or aggent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: (-W/( E.CL?6VF724)i?
L? cni !nr/1! 7 Alo F?/?VcFS- //YI pF?' T
7 ol'12
2. Lulividuali.,. list Wetland i,tIpacts. `I-ypcs or impacts include.. but arc not lintitcd. to
L 3 etc. a or d;ults,
tj ll:tt?(tiJ 1:11 cl?: t;: It l`. t.tl_hnl7, tiii, l'•xe•ityat on, f10Jd111?-, d:icl:lt,n:tge
.
scn;tratch list impacts du.- to both lructurc atul Cloodim: .
---
1vc(laud ]nlhact.
I Type of, Wctlalld I Lucatcd tl n
li)0•
l Distance to I 1r1: t n:'
j
I L•n
?euc>i •?l?t
Slte N11111:icl• Tyi)e ul Impact lorested, 111a1S11,
y
lloodplain
stteanl
(Indleate er 11 ap)
I herbaceolls, hot;, Cie.)
? I
. (yes/nol I
I (linear fc ct)
I
Total Wet1:1:1a Impact (acres)
3. List the total acreage (estit:iatcd) of all existing wetlands on the propccty:_
Individually list all interwittcnt and perennial stream impacts. B" sure to identify temporary
impacts. Strcain impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. IT stream relocation is proposed,
plans and profiles showing the linear footprint Cor both the original and relocated streams
must he included. Tn c„llcuLdc: ncrcm e. mttltin1v lcnwth X width. then divide by 43.560.
Sl:cun Impact
Number
indicate on niap)_
Stream Natne
I Type of Impact
Perennial
or ,
Intermittent?
i Avera«e
Stream Width
Before Impact Impact
Length
thicar feet Area of
Impact
(acres)
Total Stream Iu pact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredLinu. floodinn. draina17e. bulkheads. etc.
Open Water Impact
Site Number
indicate on map
of Waterbody
Name
(1f applicable}
'T'ype of Impact Type of Waterbody
(lai:c, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
CF'1111fA,'
Total 011011 Water Impact acres
Page 8 of 12
0. List il:.. CU1:?-il(!IiVC inip_ct to all. V, i:i`i-s ol'dw U.S. resulting Cr,, 11 the p:-oject:
_..------.. - ---------
S !1 11111 t-' (alcre.l1
i Open Wa(cr lu_.pact lacr;;s): ',p F?
Total, Impact to Waters ?,1 nu U.S. (acres)
Colal Stream Impact (Iir..a?_Ic, t): ------ ---- -- -(?(? ?
Isolated Water's
Do any isolated waters exist on tllc pr0pCrty7 ? Yes No
Describe all impacts to isolated waters, anti include the type of water (wetland or stream) and
the si .e of the proposed impact (acres or linear feet). Plcase. note that this section only
applies to waters that have sp?ecitically been; determined to be isolated by the USACE.
S. 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 pored should
be described here and illustrated on any neaps included with this application.
Pond to be crcatcd in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.«., dam/embank=ment, excavation, installation of
draw-clown valve or spillway, t'31 A
Proposed use or purpose of pond livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement. etc.):
Current land use in the vici.i ty of the pon : hlL/}
Size of watershed draining to pond:- {n _ Expected pond surface area:
-
N't1. 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. T rim ?E mP,r-,g 1&4 A J
ENPi7rZ i t-'CLD t- Gi+L-y EC-ClAr"DEn C=XCr1VAT1V/Q T=?'?+NCtAti WitO 15 Pecijr"Ug m
1_c' ELl -L'? R r tf`l l . ?n?i1,?',ia /F? -1 n, Al t?Yi;L'G t40VE(? I m Ane T4 'Z; P FFc:C_F D
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-f .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 perer;nial
streams.
Pa y9of1
USACl', - In icccrda-ncc wltil Fnial Notlce of ISsimncu a:1i1 A`lociificatlon of NatioL.,%v"I 10
Permits, publiAled in the Fodc:rai ?cs?istcr on January 15, "002, Illitir ation Will be required ,%-hcn
11000SSi11•v to ensure that, :hdlgCl` ettects to the aquatic unvltoll:llent nrc minimal. l'aClors
h11CIL1(IrIg Size and typo of proposed Itllpact and Imictlou and r-lkilivu valuc, of the impaclod
aquatic, rc-ource will be C011S i,r.(1 in deternlinim acceptability of appropriatc and practicable
mitigatioll as proposed. 1=xaluh?!c? of mitigation that play be appropriate and practicable include,
but are. not linlited to: rcciucin?: a1c size of the project; cstabiishin?,? and maintaining wetland
and/or upland vcgetatC i buffers, i) protect open waters such as streams; and replacing losses of
IC IVSOllrce Cunctlotls alld ? :hies by creating, restoring, enhancing, or presci-ving similar
-10
functions and values, preferable in the sank watershed.
If miti?(ation is required Cor this projcct, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consid:r the application complete for processing. Any application
lacking a required Mitigation plan or NCEEP concllrrcnce shall be placed on hold as incomplete.
An applicant may also Choose to rcvlcw the current guidelines for stream restoration in DWQ'S
Draft Technical Guide '0' Stream Work in Nord Carolinn, available at
llltl ./ill'O.( III.SIaId 110.11 1C\Vtt? 1;1d; -mg[ -Ill.
Provide a brief du1scription of :llc proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or slap, if oflslli;), affected stream and river basin, type and amOU It (acreage%lincar feet)
Of mitigation proposed (restoration, cllhallcement, crcathon, or preservation), a plan view,
preservation mcclianism (c.g., deed restrictions, Conservation cascinent, etc.), and a
dCSCriptlolh Of UIC CLIL1•C11t Slte Conditions and proposed Method Of COnStrUCthOrl. Please attach
a separate slhect if more spike is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem EnhanceInclht
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0176 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 Illtp //112n.enr.slate.nc.us/wrp/index.htnl. If use of the NCEEP is proposed, please
cheek the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): A
Amount of buffer mitigation requested (square feet): ?Y1 A
Amount of Riparian wetland mitigation requested (acres): A
Amount of Non-riparian wetland mitigation requested (acres): f
Amount of Coastal wetland mitigation requested (acres):
Pa,?a loot' l2
IX. DocuIiicvtadlt ii (rk'quirod h.y DN17Q)
! . Dc'::s di,, project. Mvoivc . ?.p? n?aiture of public (federal;`?,latc, local) lulds or the Of
public (Iederal,'State) Kure}? Yes -_, N
?.. Il v-s" Clocs tl:e proI -cl. I' ia_I:r= preparation of an cnvironnicntal dueumut pursuant 10 the
r?ciuirenlcr:is of the Natio,i_a or North Carolina Lnvironnm-ital Policy Act (NI;.PA/SiPA)?
Niue: If you are not sure %khollier a NEPA;SEPA document is required, call the SEPA
coordinator at (919) to review current threshotcls for environmental documentation.
Vcs ? No
3. Il' yes, has the documcnl review been finalized by the State Clearinghouse? 11' so, please
attach a copy of the NLPA or SCPA lira( approval letter, Yes ? too ?
X. Proposed Impacts oil Riparian and NVatershed 13111fers (required by DNVQ)
It is the applicant's (or agent's) responsibility to cl?-termine, delineate and neap alt impacts to
requir:.d state and local buffers associated with the project. The applicant trust also provide
jus_ilkatioli for these impacts in Section VII above. All proposed impacts must be listed herein,
ilnCI i11uSt be clearly tdent:ltable oti the accompanying site plan. All bt.tflei'S insist be shown oil a
lllap, «'Ilctber of not impacts aro proposed to the buffers. Correspondence froill the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multil tiers.
zone* Impact Multiplier Required
(square feet) Nliti!?ation
1 3 (2 for Catawba)
2 1.5
Total i?
° Zone I extends out 30 feet re;uendicutar from the top of the near bank of channel; Zone 2 extends an
additional 20 feet fiom the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of litigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all a propriate information as identified
within 15A NCAC 2B .0242 or.0244, or .0260. _?Tn _
Pa c 1I oF12
X1. Storlllwai ,cr (rc(Iuil-ed by ;. WQ1
I?CSGI'lliC tlnperViOl15 iii fCa'1C ??:?:'Stll:? and propo6Cl!) VCI-SIIS total act'Caae oo .;C :;;o. D:S lie>S
stormwa(.Cr cOntr-JIS p1`0110SCLI 1C; iQrller 1.0 pt'otct;t SUrtaCC wafers and wetlai':ds u,x!7strcalr. iroll-:
thto property. If pet-cent li?1'CC?'i?!CiS surface c'<cceds 20in, please U1'0V!U: ?MCLP lolls
dcmonstratill g total propose;: level. ST(C_T-A
GL,?
-LQ L)
X11. Sewage Disposal (required by DWQ)
Clearly detail the ultinmte treatlaent methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
X111, Violations (required by DNN*Q)
Is this site in violation of' D VQ AVctland Rtt1CS (15A NCAC 2H .0500) or any Buffer Rules'.'
Yes ? No I IN
Is this an after-the-fact permit auplica-.ion? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
It yes, please submit a qualitative of quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted Ol; otir website at
ltttp //1)'?o.cur.stale.nc.us%Ilcwetlauds. lino, 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 tlicse permits. However, an applicant may
choose to list constraints associated % ith 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).
pplican A;ent's Signature Date
signature is valid only 'Carl authorization letter from the applicant is provided.)
Pad-c 12 o1, 12
Alcoa Power Generating, Inc.
Yadkin Division
P.O. Box 576
Badin, NC 28009-0576
MEMORANDUM FOR: Yadkino Division, Alcoa Power Generating, Inc.
SUBJECT: Description of Planned Excavation
ESTIMATE OF MODIFIED RESERVOIR BOTTOM: 50'(width) x 150' (length)
of reservoir bottom.
AMOUNT OF MATERIAL REMOVED: 120 cubic yards of sediment.
PLAN FOR DISPOSAL OF EXCAVATED MATERIAL: Excavated material will
be hauled approximately ten (10) miles inland and used for fill.
RESOURCE IMPACT ASSESSMENT/POTENTIAL IMPACT TO WATER
QUALITY: Removal of 120 cubic yards of sediment will have not adverse impact to
water quality. Conversely, removal of 120 cubic yards of sediment will have the
opposite effect on water quality, as well as fish habitat.
SCHEDULE FOR CONDUCTING PROPOSED EXCAVATION: Below is a
tentative schedule for conducting the proposed excavation.
LATE OCTOBERIEARLY NOVEMBER TIIVIEFRAiI`IE - Begin Proposed
Excavation Project.
INIID/LATE NOVEMBER TIMEFRAME - End Proposed Excavation Project.
Mitigating/Extenuating Circumstances affecting proposed project:
1. Lake level drawdown timeframe.
2. Inclement weather affecting excavating equipment and lake level.
HUG C SOLrI1S RI, JR.
P.O. B X 176
LINWOOD, NC 27299
?N?? a
Da, idson Co., NC -- Printable L1ap Page 1 of 1
Parcels
Parcel Number: 06022EO010008
Pin Id: 6711-01-27-8901
Owner:
SOLUSTRI HUGO C & SUKHON
P O BOX 176
LINWOOD NC 27299-0000
Property Address:
7811 LINWOOD-SOLITHMONT RD
Additional Information
BK1 L8 BK779-1226
RIVERVIEW AC
Land Units: 2.63 AC
Deed Book: 779 Pg: 1226
Deed Date: 817/1991
Account Number: 000008995173
Township: Cotton Grove
Exempt Code:
Building Value: $79,760
Other Building Value: $810
Land Value: $52,500
Market Value: $133,070
Assessed Value: $133,070
Deferred Value: $0
-L Qc L- 3
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Mal:
information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.?vebgis.netldavidsonlprintable.asp'?process=idl&Y2=1612798.69&y2=71792... 7/10/2006
Davidson Co.. NC
(F IA' Davidson Co.. N('-- Printable Map
Parcels
Parcel Number: 06022EO010008 Land Units: 2.63 AC
Pin Id: 6711-01-27-8901 Deed Book: 779 Pg: 1226
Owner: Deed Date: 8/7/1991
SOLUSTRI HUGO C & SUKHON Account Number: 000008995173
P 0 BOX 176 Township: Cotton Grove
LINWOOD NC 27299-0000 Exempt Code:
Property Address: Building Value: $79,760
7811 LINWOOD-SOLITHMONT RD Other Building Value: $810
Additional Information : Land Value: $52,500
BK1 L8 BK779-1226 Market Value: $133.070
RIVERVIEW AC Assessed Value: $133.070
Deferred Value: $0
Other Attributes
at point 1613059, 718030
City Limits: Townships: Soils:
None Name: COTTON GROVE DSL Name: DaE
Fire Districts: Sq.Miles: 41.67 Soil Name: DAVIDSON
Name: LINWOOD Zoning Districts: Type: LOAM
Sq.Miles: 19.9 Zone: RA-2 Percent SL: 15-25
Hydric:
• http: 'arcims.webgis.net/nc/davidson/printable.asp?process=id&x2=1613058.98598259&y2... 7/8/2006
Page 1 of 2
Davidson Co., NC
?. ` Davidson Co.. \C -- Printable Map
Davidson Co., NC
d d•"?... •-ti *.:i eye.. .`.r...'r?J 4 _
Page I of 2
I
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Parcels
City Limits:
None
Fire Districts:
Name: LINWOOD
Sq.Miles: 19.9
Parcel Number: 06022EO010008 Land Units : 2.63 AC
Pin Id: 6711-01-27-8901 Deed Book : 779 Pg: 1226
Owner: Deed Date: 8/7/1991
SOLUSTRI HUGO C & SUKHON Account Nu mber: 000008995173
P O BOX 176 Township: Cotton Grove
LINWOOD NC 27299-0000 Exempt Co de:
Property Address: Building Va lue: $79,760
7811 LINWOOD-SOUTHMONT RD Other Build ing Value: $810
Additional Information : Land Value : $52,500
BK1 L8 BK779-1226 Market Valu e: $133,070
RIVERVIEWAC Assessed V alue: $133,070
Deferred Va lue: $0
Other Attributes
Q/+ L-
,i, 4 at point 1613059, 718030
Townships:
Name: COTTON GROVE
Sq.Miles: 41.67
Zoning Districts:
Zone: RA-2
Soils:
DSL Name: DaE
Soil Name: DAVIDSON
Type: LOAM
Percent SL: 15-25
Hydric:
http: 'arcims.webgis.net/nc/davidson,'printable.asp?process=id&x?=1613058.98598259&y2... 7/8/2006
I Davidson Co., NC -- Printable Njap Page 1 of'2
Parcels
Parcel Number: 06022EO010008
Pin Id: 6711-01-27-8901
Owner:
SOLUSTRI HUGO C & SUKHON
P 0 BOX 176
LINWOOD NC 27299-0000
Property Address:
7811 LINWOOD-SOLITHMONT RD
Additional Information
BK1 L8 BK779-1226
RIVERVIEW AC
Land Units: 2.63 AC
Deed Book: 779 Pg: 1226
Deed Date: 8/7/1991
Account Number: 000008995173
Township: Cotton Grove
Exempt Code:
Building Value: $79,760
Other Building Value: $810
Land Value: $52,500
Market Value: $133,070
Assessed Value: $133,070
Deferred Value: $0
=f\?
City Limits:
None
Fire Districts:
Name: LINWOOD
Sq.Miles: 19.9
Other Attribute
at point 1613059, 718030
Townships:
Name: COTTON GROVE
Sq.Miles: 41.67
Zoning Districts:
Zone: RA-2
Soils:
DSL Name: DaE
Soil Name: DAVIDSON
Type: LOAM
Percent SL: 15-25
Hydric:
hap: 'arcinis.\N-ebgis.net/nc/da?-idsonlprintable.asp?process=id&x2=1613058.98598259&y2... 7/8/2006
Davidson Co., NC -- Printable Map `
1
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Davidson Co., NC
'?? I -IF M /-P
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5336
2.3JA
r
.--? 6280
?-r 7 i 1 3 ?
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'I U 5L
2.?3A
8J01
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Page 1 of 1
?X:.FvR?? p ?ROm
rd 51.5 ' ?-o
?or< ???r??/.t,E,t c -rte
-?E V,4YrpN G51, S
Parcels
Parcel Number: 06022EO010008
Pin Id: 6711-01-27-8901
Owner:
SOLUSTRI HUGO C & SUKHON
P O BOX 176
LINWOOD NC 27299-0000
Property Address:
7811 LINWOOD-SOUTHMONT RD
Additional Information
BK1 L8 BK779-1226
RIVERVIEW AC
Land Units: 2.63 AC
Deed Book: 779 Pg: 1226
Deed Date: 8/7/1991
Account Number: 000008995173
Township: Cotton Grove
Exempt Coder
Building Value: $79,760
Other Building Value: $810
Land Value: $52,500
Market Value: $133,070
Assessed Value: $133,070
Deferred Value: $0
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Mar
information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. httpJA=w.andassoc.com
http://arciins.webbis.netldavidsorb/printable.asp?process=id 1 &x2=1612798.69&y2=717928.... 7/8/ 2006