20061486 Ver 1_COMPLETE FILE_20060913

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
V?90WIRD
OCT 2 zoos
Mr. Charles Boss
P.O. Box 40
Faith, NC 28041
DENR - WATER QUALITY
WETLANDS AND STCM SWATER BRANCH
Subject Property: Lot #107, Skysail Rd., High Rock Lake
Alan W. Klimek, P.E. Director
Division of Water Quality
September 25, 2006
DWQ Project # 06-1486
Rowan County
Approval Of 401 Water Quality Certification And Authorization Certificate with
Additional Conditions
Dear Mr. Boss:
You have our approval, in accordance with the attached conditions and those
listed below, to impact/stabilize the following as described in your application dated
August 9, 2006:
Amount Approved
(Units) Plan Location or
Reference
Dredge 1,680 cubic feet
404/CAMA Wetlands acres
Waters N/a acres
Buffers - Zone 1 N/a (square ft.
Buffers- Zone 2 (square ft.
After reviewing your application, we have determined that N.C. Division of Water Quality
(DWQ) General Water Quality Certification Number 3492 covers the impacts. This
Certification allows you to use Regional General Permit No. 198200030 when issued to
you by the US Army Corps of Engineers (USACE). This letter shall also serve as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project, including
(but not limited to) those required by Erosion and Sediment Control, Non-Discharge,
Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404
permit expires unless otherwise specified in the General Certification. This approval is
for the purpose and design that you described in your application. If you change your
N e hCarolma
Noatura!!!1
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
Page 2 of 2
project, you must notify this office and you may be required to submit 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.
This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Upon completion of all work approved by this 401 Water Quality Certification, and
any subsequent approved modifications, the applicant is required to return the
attached certificate of completion form 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. If you do not accept any of
the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the
date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes, to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate
(associated with the approved buffer impacts) shall be_ referred in writing to the Director
for a decision. The Director's decision is subject to review as provided in Articles 3 and
4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section
401 of the Clean Water Act and the Catawba riparian buffer protection rule as described
within 15A NCAC 2B .0243. If you have any questions, please telephone Cyndi Karoly
at 919-733-1786 or Alan Johnson at 704-663-1699.
Sincerely,
y- Z17
for Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492
cc: Ian McMillan, Wetlands Unit
Bob Smets, PO Box 576, Badin, NC 28009
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Central Files
Triage Check List
Date: 9/18/06 Project Name: Charles R. Boss, Lot 107
DWQ #:06-1486
County: Rowan
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 9/13/06 -11/11/06
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
r ,.
The excavation is being done so that I'll be able to put in a pier
I need to got out 75 feet and dig out an additional 2.8 feet to reach the 8 foot level
required by Alcoa and grade back.,
The dirt will be hauled to my property and dumped and then be spread out over
the 4 acres there. The lot is in a cove and surrounded by homes. There are no
wildlife or wetland issues. I will do the excavating when Alcoa gives me the final
approval. It should take only a day to complete.
Ron Boss
PO Box 40
Faith, NC 28041
704-279-9039 2 0 0 6 1 4 8 6
704-791-2167

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S E P i 2006

Team Realty of Salisbury, Inc. 4/21/2005
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The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of 5200.00 for
impacts of to lake bottom of less than 1 acre and 5475.00 for impacts to lake bottom
of greater or equal to 1 acre.
i
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
-'A',VER QUALITY
JETU'
1. Applicant Information
2 0 0 6 1 4 8 6
61
SEP ? ? 2006 ?'-
1. Owner/Applicant Information
Name: C.'boa S
Mailing Address: 0. 0.

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F,,0/7/?i iL'G- 0
Telephone Number: 70 Y - 2 7 9- 96-&9 Fax Number: -2 0 y -ass - y
E-mail Address: h o e 5 V 6 9 _P 1-i o? iri A, I. K o -"
Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: 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
fill
-19'
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: 'I b W C + Nearest Town: .5 L{ ;-"
Subdivision name or site address (i elude phase/lot number): 19(1 "11,/Z a? 1 7'w,
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): ? c? L ? t ?' C o , /
G1/_ -n."I. %_-? 1C 4..1 /i r/A a. ;l- /,, 4- 83c- O+?
2. Describe the existing land use or condition of the site at the time of this
application: V11c 0-4 /e L J' Cc
3. Property size (acres): 01 4. Nearest body of water (stream/river/sound/ocean/lake): R0 6d e
5. Describe the purpose of the proposed work: at a.,--e
6. List the ype of equipment to be us d to construct the project: (M
?-? -?
7. Amount of impact (including all excavation, backfill, rip rap, raining walls,
etc.) below the normal pool lake level in square feet or acres:
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: _8?_
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): tiL
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Lake (Full Pond)

Full Po
Shoreli
Gr??

9Sjx S'
+
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
vialis, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
Vf,-e?yz_- r F"
U.S. ARMY CORPS OF ENGINEERS w 0 0 6 1 4 8
WILMINGTON DISTRICT 6
Action ID. SAW-2006-40423-380 County: Rowan USGS Quad: Southmont
GENERAL PERART (REGIONAL AND NATIONWIDE) VERIFICATION
I
Property Owner/ Authorized Agent: Charles R. Boss
Address: POB 40
Faith, NC 28041
Telephone No.: 704-455-7840
Size and location of property (water body, road name/number, town, etc.): This project is located on
Hitth Rock Lake, lot # 98, Skysail Rd Anchor Downs Subdivision near Salisbury, Rowan County,
North Carolina.
Description of projects area and activity: This permit authorizes excavation of approximately 67
cubic yards of accumulated sediment from approximately 600 SF of open water on High Rock Lake
for the purpose of a pier. Maximum dimensions are 75' long, 8' wide and 3' deep.
Applicable Law: ® 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 will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. 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 requirements of the modified nationwide permit. if the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (Le., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
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 [phone]) 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 Debbie Miller at 828-271-7980.
Corps Regulatory Official Debbie Miller Date: August 31, 2006
Expiration Date of Verification: December 31, 2010

SEP 1 ` 2006

Permit Number:
Permit Type:
Name of County:
Name of Permittee:
Date of Issuance:
Project Manager:
SAW-2006-40423-380
GP30
Rowan
Charles R. Boss
August 31, 2006
Debbie Millcr
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:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an 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 conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198200030
General Public
January 1, 2005
December 31, 2010
DEPARTMENT OF THE ARMY
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, 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 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
"1:' 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 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 ehannelward 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
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.
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 Federa! 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.ncnhp.org/Pages/heritaaedata.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 [phone].
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 pen-nit.
7
I ?
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
.14 / /-? ( 'q
srlcs R. Al : an der, Jr.
lonel, U.S. Army
District Engineer