20061462 Ver 1_COMPLETE FILE_20060911

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 4, 2006
Frank Bowman
547 S. Main Street
Wake Forest, NC 27587
Subject Property:
Frank Bowman Property
Lake Royale [030301, 28-31-(1), B, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1462
Franklin County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 211 .0259) with Additional Conditions
Dear Mr. Bowman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.00358 acres of open waters below the normal pool lake level and 0.0183
acres of open waters above the normal pool lake level and 416 square feet (ft) of Zone 1 of the protected
riparian buffers for the purpose of constructing a 78-foot bulkhead (2-feet deep), and two 10-foot x 27-
foot docks, and a 26-foot x 26-foot boathouse at the subject property, as described within your application
dated August 31, 2006, and received by the N.C. Division of Water Quality (DWQ) on September 11,
2006. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use General Permit
Number 80 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,'
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
L7 ffNJ
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Frank Bowman
Page 2 of 3
October 4, 2006
approved including incidental impacts:
Amount Approved Units Plan Location or Reference
Open Water below NPLL 0.00358 acres Application
Open Water above NPLL 0.0183 acres Application
Zone 1 Buffers 416 (square feet Application
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
Lake Royale as identified within 15A NCAC 213 .0259(5).
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
6. Boathouse/Slip and Pier Construction
Boathouse and docks may extend a maximum of 10 feet from the existing shoreline.
Mr. Frank Bowman
Page 3 of 3
October 4, 2006
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791,14200.
Alan W. Klimek, P.E.
AW K/ijni
Enclosures: Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 061462FrankB owman(Frankl in)401 _TPBR
ZOOo^14G2
The following is an abbreviated application form for those applying for a 401 Wat,
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provided (0)Scopies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than I acre and $475.00 for impacts to ake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information
Telephone Numbe29 ( -
E-mail Address: L r P
1. Owner/Applicant Informati
Name: T- tzk V_ C, (_Qrv? N I.Q
Mailing Address: Sy 1 5 . M Pc ..s .V
LX-NO-\Z-4C' s a tiL p ZZ S?
2.
Q ?7 ID

Fax N

Agent Information (A signed and dated copy of the Agent Authorization lettei
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location L.rU \&i S,
County: Nearest Town: _
Subdivision name or site address (include phase/lot number):
Directions to site please uiclude road numbers, landma ks, et (This is I;ot 17QS
ne ry if an dequate vicinity map is included):
2. Describe the existing and use or condition of the si c at the time of this
application:, _,??A r_Ct u.y c,?eu -
3. Property size (acres): I Lt vL CLCA D
4. Nearest body of water (stream/river/sound/ocean/lake): n,cl,ltL R W 'CL
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5. Describe the purpose of the proposed work: Q
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6. List the type of equipment to be used to construct the project: -rCfi. Va4-y r _
7. Amount of impact (including all excavation, backfill, rip rap, retanu walls,
etc.) b low tike no al ool lake level in square feet or acres:
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8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake 1 vcand 50 eet land- w rd in
square feet or acres: ?- /? 210 ee,? -?{ ?jOCe;j _ > > P?
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b. Please describe vegetation above the normal pool eke level and 50 feet land-
ward to be impacted (number of trees for instance): ?e_u) -gees O Ad sAJT_e
AVfi WAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Please approximately sketch the Mowing information on this plan
(please provide d nienslons for each Item, such as 10 ft. x I GO ft):
1) ,Ail proposed vogotation cloaring (provide dimons9ons)
,2) Location of rip rap or fill to be placed above tho pull Pond elevation
3) Location of rip rap or fill to be placed helms the Fun Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls' dods, ctc.
5) The location of any excavation or dredging below the Full Pond
elevation.
8) Location of construction access corridors.
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