20061806 Ver 1_COMPLETE FILE_20061120

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Joyce and Larry East
654 Shoreline Drive
New London, NC 28127
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 4, 2006
DWQ Project # 06-1806
Montgomery County
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DEC 14 2006
Subject Property: Joyce and Harry East - Lots 155 and 156
Badin Lake [030708,12-(124.5), WSIV, B, CA]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
WETUMS WMTERWMCN
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0123 acres of open waters below the normal pool lake level and 0.0216
acres of open waters above the normal pool lake level for the purpose of stabilizing and existing eroding
shoreline and protect it from further erosion, as described within your application dated November 10,
2006, and received by the N.C. Division of Water Quality (DWQ) on November 20, 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). 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Shoreline-bulkhead below the normal pool lake level 0.0123 (acres) Application
Shoreline-bulkhead above the normal pool lake level 0.0216 (acres) Application
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nye Carolina
?turally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Joyce and Larry East
Page 2 of 3
December 4, 2006 `
2. 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.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
213.0233 and GC 3404;
6. Certificate of Completion
-- -Upon`complefion`of ail 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,
Joyce and Larry East
Page 3 of 3
December 4, 2006
y
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 Ken Averitte in the DWQ Fayetteville Regional Office at 9 0-486-1541.
AWK/Um
Enclosures: GC 3495
Certificate of Completion
SLeeyl y
?k
Alan W. Klimek, P.E.
cc: USACE Wilmington Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Filename: 061806JoyceandLarryEast(Montgomery)401_GP80
r -, S
DWQ Project No.:
Applicant: _
Project Name:
Certification of Completion
County:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to-the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Cent9r, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the- best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
WQC #3495
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 21-1.0500 and 15A NCAC 213,0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
WQC #3495
from the Division of Water Quality, and, therefore, do not require payment of an
application fee to the Division of Water Quality. Projects that are intended for
compensatory mitigation or compensatory mitigation credit, that are intended to
resolve a violation, or that are in association with a development project shall require
an application, fee, and written concurrence from the Division of Water Quality.
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced, stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
3. Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do,
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality. Projects that are intended for compensatory mitigation or compensatory
mitigation credit, that are intended to resolve a violation, or that are in association
with a development project shall require an application, fee, and written concurrence
from the Division of Water Quality.
4. Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function.
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion. Stream enhancement does not include the relocation
of the stream channel. Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation. Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip-rap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j-
hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or
profile of a stable stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures. If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
5. Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
I
WQC #3495
Stream stabilization is defined as the in-place. stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
6. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt"
from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200., All new development shall be located,
designed, constructed,-and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices;
7. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
8. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout
waters);
9. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
10. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. If rip-rap is to be installed within the streambed, the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
11. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
12. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse;
WQC #3495
13. Additional site-specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams, wetlands, and waters;
15. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or the notification sent
to DWQ;
-16. Standard Erosion and-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:
a. 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. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
4
WQC #3495
Non-compliance with or violation of the conditions herein. set forth by a specific project shall result
.in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3495
5
0F W ATFj9o Michael F. Easley, Governor
William G. Ross Jr., Secretary
r?'-- North Carolina Department of Environment and Natural Resources
-? Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
To: Larry East Fax #: [phone]
Company: Date: 1/25/07
From: DWQ/Wetlands/401 Unit
Number of pages including cover sheet:
Notes or special instructions: 401 DWQ Approval Letter issued 12/4/06
N? Carolina
Naturally
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 [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NC DENR - DIVISION OF WATER QUALITY
WETLANDS AND STORMWATER BRANCH
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 4, 2006
Joyce and Larry East
654 Shoreline Drive
New London, NC 28127
Subject Property: Joyce and Harry East - Lots 155 and 156
Badin Lake [030708,12-(124.5), WSIV, B, CA]
Approval of 401 Water Quality Certification with Additional Conditions .
Dear Sir or Madam:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1806
Montgomery County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0123 acres of open waters below the normal pool lake level and 0.0216
acres of open waters above the normal pool lake level for the purpose of stabilizing and existing eroding
shoreline and protect it from further erosion, as described within your application dated November 10,
2006, and received by the N.C. Division of Water Quality (DWQ) on November 20, 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). 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Units Plan Location or Reference
Shoreline-bulkhead below the normal pool lake level 0.0123 (acres) A lication
Shoreline-bulkhead above the normal pool lake level 0.0216 (acres) A lication
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.ne.us/ncwetlands
One
Npiilt Carohna
Natuhilly
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Joyce and Larry East'
Page 2 of 3
December 4, 2006
2. 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.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management. Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
213.0233 and GC 3404;
6. 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,

Joyce and Larry East
Page 3 of 3
December 4, 2006
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 Ken Averitte in the DWQ Fayetteville Regional Office at 9,10-486-1541.
Sa1e
yAlan W.
AWK/Um
Enclosures: GC 3495
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
Ken Averitte, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Klimek, P.E.
Filename: 061806JoyceandLarryEast(Montgomery)401 _GP80
• It

2 0 0 6 1 8 0 6
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 $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake 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
1. Applicant Information

o r wV
y ; NOV 0 2006
®ENh - WAI ER UUAL;I Y
y?IANDS?,?tpSTQ°?fi?l.?.fFRBfNCtl
/Applicant Information
1. Owner
Name: Jo`fGE OD t-A(Zg isAST
Mailing Address: bsy 5f4oRI;t.?Na? D21VG
NBw Lwt?,oN, NC 14arbl
Telephone Number: $$G Mot I IS55 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company. Affiliation: '
Mailing Address:
Telephone Number: 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.
Location
County: IMoNTGoyu??fL'f Nearest Town: P_iC AFIELD
Subdivision name or site address (include phase/lot number): LOTS (SS 4150, , arx lE Sfio(ZE5
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
NL KW-( 49 1d'o?TN -To NC. RW-1 Lock I 9164T 'co Loq Tau:,AJ?_D Tf2c>`la JZ16HT
2. Describe the existing land use or condition of the site at the time of this
application: ZX(5TrtJ6 fLE51VENTiM. SsueVOJIStoN•
3. Property size (acres): J my' • 1.0 wzi
4. Nearest body of water (stream/river/sound/ocean/lake): $PDl N LAY-?
5. Describe the purpose of the proposed work: To 5TABIWIE AN ?W5TIN6 1LoCP Fitt -p.
6A61oO 1019TAM.-AMoP , AtJD TO STA811.11E A tZ ExtSTIrJU CRt*ED SMM2 .INE
mm P(to't'C-c-r IT fnm FurziN'ER- LRostbm -
6. List the type of equipment to be used to construct the project:
106 CAT WALL TRACTcR of- 1?PAUKNaI5
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
5 Ito 115?. F-T
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: 4 4 S ?Q • FT
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): io - M CX.IST iNG Tier-5 W VAA.V>
5t2E1coom-noN WtLt, be Ootover? Zo CA-MPLETE 69,R>06 AfND 5TA61WIATton1•
?a OA6
lnt/Af'gent's Signature Date
s signature is valid onl if an authorization ette from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Cotes of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801.5006 Cabanas Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Ncuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1000
Washington, NC 27889-1000
Telephone: [phone]
Fax: [phone]
Wilmington Regulatory Field Office
US Arty Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Beaufort Currituck Jones
Bertie Dare Lenoir
Camden Gates Martin
Carteret' Green Pamlico
Chowan Hertford Pasquotank
Craven Hyde Perquimans
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick H Richmond
Carteret ontgomery Robeson
Columbus Moor Sampson
Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
•Croatan National Forest Only
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636.3726
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewild Road
Kemersville, NC 27284-9180
Tclephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mm. Expressway
Wayncsville, NC 28786
Telephone: [phone]
Fax: [phone] Haywood McDowell Yancey
US Fish and Wildlife Service National Marine Fisheries Service
Asheville Field Office Habitat Conservation Division
160 Zillicoa Street Pivers Island
Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality State Historic Preservation Office
Wetlands Restoration Program Department Of Cultural Resources
1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1619 Raleigh, NC 276994617
Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan
Bette Craven
Brunswick Currituck
Camden Dare
Carteret Gates
NCWRC and NC Tro ut Counties
Alleghany Caldwell
Ashe Mitchell
Avery Stokes
Burke Surry
Buncombe Henderson
Cherokee Jackson
Clay Macon
Graham Madison
Hertford Pasquotank
Hyde Pcnder
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
Watauga
Wilkes
Polk
Rutherford
Swain
Transylvania
iy
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EXISTING GRADE

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CLASS 1 RIP RAP
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EROSION CONTROL FABRIC

LAKE BOTTOM
TYPICAL CONDITIONS
12" TO 36" ERODED CUT
WAVE EXPOSURE
03/01/05
FOR: JOYCE H. EAST
LOCATION: LOTS 155 AND 156, DIXIE SHORES
BODIN LAKE
RESERVOIR:
PROJECT: SHORELINE STABILIZATION PROGRAM
PHASE I SITE EVALUATION
BODIN LAKE
DRAWING TITLE: DETAIL
MINOR RIP RAP STABILIZATION 2

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SHORELINE MANAGEMENT PLAN

x00698.06
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 $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake 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
1. Applicant Information
gt;:;?k r---n
R r-_3
NOV 2 0 2006
?*rL 'APID TORMW4tERBRANcH
1. Owner/Applicant Information
Name: jo`(CE Ob LAW EAST
Mailing Address: 65y 51-bR?wN bRIVc
New (,otstJO N , NC 1.6171'1
Telephone Number: '53(-B(o1 15513 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N /A
Company. Affiliation: '
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: WwtITGe>M6rV f Nearest Town: R-1c41FIE1-1>
.Subdivision name or site address (include phase/lot number): LOTS (S5+ 1S& ,DIXIE SRO(ZES
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
NL Kw-( 49 1toF-TN -To NG RW-1 L Di cN io9 TawA??D TRooY.j tzt6NT
oo &L-mNe ROAD , t-C-FT cry CffAaLOTTtr (OA'D . LEFT DO 5ftPZWNE bPLlEg
5179 XT (D 4 54oyeW46 DiZ146.
2. Describe the existing land use or condition of the site at the time of this
application: 9,Y-t5TIO6 RLE51y>+NTtA1. <W501VIStoN•
3. Property size (acres): AFFAX. o AC4?-1
4. Nearest body of water (stream/river/sound/ocean/lake): $AD10 WAS
5. Describe the purpose of the proposed work: -110 5TASUAIE AN bXI5TitJ6 flaCP Fita-D
6A6100 ItJSTAM.RrTtOP. tAt3D To STASH-t?,E AN EXIST1061 L;IZOOEV SMM26LINE
PgND 94-ts.,i IT f-Raw? fuf IHV_X L'Ro5tcN .
6. List the type of equipment to be used to construct the project:
P3ot3t:AT, WALL TgActoR 09- IMOCRv£
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
5 40 5cQ - FT
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: 414 5 I?Q • FT
from the applicant is provided.)
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): to - %Z C-XIST IN& TIZWE5 of VAftt6C>
5t?£ bmOw'r)otJ Wtt.,L tit? Owtoyt 0 Io COMPLETE GRAWP16 AND 5TA6I -IIATton1.
I
US Army Corps Of Engineers Field OMces and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Itedell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans •Croatan National Forest Only
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Anson Duplin Onslow
Bladen Harnett Ponder
Brunswick H Richmond
Carteret ontgomery Robeson
Columbus Moor Sampson
Cumberland New Hanover Scotland
US Fish and Wildlife Service I National Marine Fisheries Service
North Carolina State Agencies
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Ponder
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Tro ut Counties
Western Piedmont Region Coordinator Alleghaay Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey

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VEGETATE DISTURBED AREA
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EXISTING GRADE

O
CLASS 1 RIP RAP
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EROSION CONTROL FABRIC --??

LAKE
BOTTOM
TYPICAL CONDITIONS
12° TO 36" ERODED CUT
WAVE EXPOSURE
03/01/05
FOR` J OYC E H. EAST
LOCATION: LOTS 155 AND 156, DIXIE SHORES
B O D I N LAKE
RESERVOIR:
PROJECT: SHORELINE STABILIZATION PROGRAM
PHASE I SITE EVALUATION
BODIN LAKE
DRAWING TITLE:
MINOR RIP RAP STABILIZATION DETAIL
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SHORELINE MANAGEMENT PLAN

SENDING CONFIRMATION
DATE a JAN-25-2007 THU 15:22
NAME : DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 1010
START TIME : JAN-25 15:17
ELAPSED TIME : 04131"
MODE : G3
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of Water Quality
Department'of Environmental and Natural Resources
401 Ovcrsight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
To: Larry East Fax N: 336495-1569
Company: Date: 1125/07
From: DWQ/Wetlands/401 Unit
Number of pages including cover sheet: {7i
Notes or special instructions: 401 DWQ Approval Letter issued 12/4106
401 O.adMNE?ren RMew PoeavrrMa-
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