20051759 Ver 1_Complete File_20050916

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Certificate of Completion

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DWQ Project No.:

0.5--/7,,1
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LaT#;:l 330 Eev/nJ eI. ~eE5viltE.
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County:

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Applicant:

Project Name:

Date of Issuance of 401 Water Quality Certification:

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 401IWetlands Unit,
North CaroIinaDivision of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be returned to DWQ by the applicant, "the applicant' s authorize~ agent, orthe project engineer. It is
not necessary to send certificates from all of these .

AppJiCllnt's Certification

I, :\0 ~ tV B # '- c; Au bEe. , 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 an. intent of the 401 Water Quality Certification and Buffer Rules, the
approved pl~ and . cations, ather upporting materials.

Signature:

Date: &, - /-t)"

Agent's

L .herebyst.ate 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, an~ other supporting materials.

Signature:

Date:

lfthis project was designed by a Certified Professional

I, , asa duly registered Professional (ie.,
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 plBns and specifications, and other supporting materials.

Signature:

Registration No.:

Date:

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JUN 16 2006

DENR - WArt:/-( QUALITY
WETlANDS AND STORMWATER BRANCH

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

Mr. John B. Sauber
330 Ervin Road
Mooresville, NC 28117

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November 2, 2005
DWQ# 05-1759
Iredell County

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Subject: Lot #12, 330 Ervin Road, Mooresville

APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions

Dear Mr. Sauber:

You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.006 acre of water and 0.006 acre of riparian buffer for the purpose of
stabilizing approximately 122.5 linear feet of shoreline on Lake Norman, as described in your application
received on September 16, 2005. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h20.enr.state.nc.us/ncwetlands.This General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).

In addition to the requirements of the certification, you must also comply with the following conditions:

1. Only a single seawall is allowed with backfill placed behind the wall and sloping up to the top of the
bank. Rip-rap must be used along the base of the wall on the lake front side.

2. No impacts shall occur in the buffer, including the removal of trees, except in the immediate shoreline
stabilization area.

3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written peli.tjon (t~at
Nj>fthCarolma
/Vntllfnll!!

North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115
Internet h2o,enr.state.nc,us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Phone [phone]
FAX [phone]

Customer Service
1-877 -623-67 48

Page 2

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 Barry Love in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.

Attachments

cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Ian McMillan
Central Files

Sincerely,

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for Alan W. Klimek, P.E.

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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

November 15,2005

DWQ Project # 05-1759
Irede11 County

Mr. John B. Sauber
330 Ervin Road
Mooresville, NC 28117

Subj ect Property:

Sauber Property
Lake Norman [030832,11-(75), WSNIB, Ca]

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Sauber:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0042 of waters and 122 feet acres of shoreline for the purpose of stabilizing
the bank at the subject property, as described within your application dated August 26, 2005 and received
by the N.C. Division of Water Quality (DWQ) on September 16,2005. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number(s) 3492
(GC3492). The Certification(s) allows you to use General Permit Number 198200030when~ssued by the
US Army Corps of Engineers (USACE). ill 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 ISO 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:

I., 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:

Shoreline
Waters

Nt,lthCaroUn
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401 Wetiands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sune 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet htto://h2o.enr.state.nc.us/ncwetlands

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John B. Sauber
Page2of3
November 15,2005

2. 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.
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. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

3. 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.

4. No Sediment & Erosion Control Measures win 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 nionths of the date
that the Division of Land Resources has released the proj ect. '

5., Certificate of Completion

Upon completion of all wprk approved within the 40 1 Water Quality Certification or applicable
Bllffer Rules, aild any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 OversightJExpress 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 andl9r 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 CAMAPermit.

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,

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John B. Sauber
Page 3 of3
November 15, 2005

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 Alan Johnson in the DWQ Mooresville Regional Office at 704-663-1699.

AWKlijm

S~t~

r Alan W. Klimek, P.E.

Enclosures:

GC 3492
Certificate of Completion

cc: USACE Asheville Regulatory Field Office
Alan Johnson, DWQ Mooresville Regional Office
DLR Mooresville Regional Office
File Copy ,
'Central Files

Filename: OS 17S9JolU1BSauber(Iredell)GP30

Triage Check List

Date: 09/21/05

Project Name: John B. Sauber
DWQ#: 05-1759
County: Iredell
r 'l r f\ if1 r'~ 'f
d~li L: uUFy

To: Alan Johnson, Mooresville Regional Office

60-day Processing Time: 9/16/05 -11/14/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

Comments: As per our discussion regarding revision ofthe 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!

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20051759

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 ()r 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.

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Applications should be sent to:

Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh NC 27~99-1650
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I. Applicant Information

1. Owner! Applicant Information ~
Name: ..:ro h Y\J 13. _ A tJ bE:' e.
Mailing Address: .330 E: W;J Rot.
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Telephone Number: 7()'I-1ab3-0~f:,1a
E-mail Address:

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Fax Number: 7tJ1-bf4L{-3C;gb

2. Agent Infoffi1ation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

II. Project Information

Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads.. Also provide a detailed site
plan showing property boundaries and development plans in rclation to
surrounding properties. Yau may use the diagram below to make a hand sketch of

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your project. Also, see the exa~ple 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.

2. Describe the exis . ng lalJd use oZr condition of the site ~ the~1ti~ of this
application: /f'SJ(::{EIII'774 BRI155 w~c(>{ L~

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3. Property size (acres):

4. Nearest body of water (stream/riverlsoundloceanllake):

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5.

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6. List the type of equipment to be used to construct the project: UAG,e A()~ ) ket71S
.AN ~ ~o~Gge-/?E:-

7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below jhe nonnal pool lake level in square feet or acres: .4Pfeo~ /,6 I'r:
ANd /c?dJ.(7: LON..:j' ,

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8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the nonnal pool lake level and 50 feet land-ward in
square feet or acres: ftli.Jet:JX /tfX 1;l:J. ' /1L'EA- ~;1.JtJ -51'f''I:

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( 'gent's signature is valid only if an authorization letter from the applicant is provided.)

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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),
tJo/J& ~ .2) Location of rip rap or fill to be pl~ed above the Full Pond elevation
7!ll!!l1!I ~ 3) Location of rip rap or fill to be placed below the FuU Pond elevation
71lllZZlll ~ 4) The location of any proposed structures such as buildings. retaining
~s. docks. etc.
7J77J7P7. ~ 5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.

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!se directions. Obey all traffic regulations.

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State of North Caronna
Department of Environment
and Natural Resources
Division of Water Quality

James B. Hunt, Jr., Governor
Bill Hotman, Secretary
Kerr T. Stevens, Director

September 25,2000

R

Jimmy Chisholm
Carolina Power and Light Company
179 Tillery Dam Road
Mt. Gilead, NC, 27306

And

Joe Hall
Duke Power and Lake Management
P.O. Box 1006
Charlotte, NC, 28201-1006
. CENR - VV!\TER Qlli"; ITV
Re: General 401 \Vater Quality Certification for Lake and Rcscr'voit. AdH,ttlc~PEl::;TG\'Ndf[R8rJ;1;cH

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Dear Messrs. Chisholm and HaU:

The purpose of this correspondence is to clarify the provisions and process relative to NC
Division of Water Quality's General 401 Water Quality Certification Number 3280 which co'frespond to
the U.S. Army Corps of Engineers General Penuit 198200030. We understand that you receive
numerous requests from lakefront property owners inquiring about the permit requirements for acti\,itics
they propose to conduct on the waterfront. After you have determined the property owner needs to
obtain a permit for dredging or shoreline stabilization from you, we understand they are thcn instructed
to obtain the necessary 404/401 Permits. These property owners should pursue the following sequencc
of events to determine their 404/40 1 permit needs. We have coordinated this letter with the U.S. Army
Corps of Engineers so that it relates equally to both permitting programs.

1. The U.S. Army Corps of Engineers is the lead agency and accordingly determines 404 requirements
for all projects, Applicants should first contact the appropriate Corps field office representative for
their county. To identify which counties are handled by a particular Corps regulatory field officc or
to find the appropriate individual in the regulatory staff, the public can access the Wilmington
District Regulatory Homepage at wv..;w.saw.usace,anny.millwetlandslre~tour.htll1 or read from the
list on Appendix A. The Coq)S staff will determine if a 404 Permit is required, and if so, \vhich
particular one, It is important that the applicant learn specifically \vhich Nationwide or Regional
Gcncral Permit applies to their work. ror lake and rescrvoir activitics, General Permit 198200030
(also callcd Gcneral Pcrmit 30 or GP 30), is oftcn the appropriate permit. The matching General
Certification for GP 30 is the subjcct of this cOITcspondcnce,

7... Application for GP 30 involves submittal of detailed plans, location maps, and other supplemcntal
information explaining thc nature and scopc ofthc work to the Corps. Il'the work is determined to
comply with all conditions ofGP 30, thc Corps will thcn issuc a "tcar sheet" to thc applicant, either
on-site or by mail, that qualifies as the Corps' writkll confirmation that thc pmposcd work c()mplic~;
with this rct',ional gencral pcrmit. It i~; illlportallt I'm applicants to notc that (;\' :\0 ;llway~; r,~quin::;
written COIlClllH:nce fronl the Corps,

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3. lfthe Corps tells an applicant that no 404 is required for their project, then no 401 Certification is
required. However, applicants should note that projects located within the Neuse River, Tar-Pamlico
River, or Randleman Reservoir Basins may require approval of Buffer Rules for projects within
these watersheds. In such cases, the applicant should call the appropriate DWQ Regional Office
staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit
to review the site conditions and discuss the buffer approval or variance process.

4. Ifthe Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the case of
GP ~O, DWQ has a t;latching General Certification (GC ?280), which i~ attached. The first thing the
applicant should do IS carefully read GC 3280 to detennme whether wntten ,concurrence is required
Written DWQ concurrence is required if the activity involves any fill, dredging or excavation of .
waters or wetlands. 111is includes any waterward extension of the shoreline, excavation of boat
basins (c:ven d~ring lake draw-down p~riods), bank stabilization prac~ices tl~at involve any new fill in
waters (mcludmg any amount of new np-rap placement), boat ramps InVOlving placement of fill in
waters, and new dredging. Activities which do not require written concurrence for GC 3280 include
seawall repairs that do not require any new fill in waters, and the placement of pilings for docks
piers and boathouses. It is vital that the applicant understands the difference between" No 401'
Required" versus "No Written Concurrence for the 401 Required." .No 401 is required only ifno
404 is required. If a 404 is required, a 40 1 is always required. If the scope of work falls below the
thresholds for written concurrence on the 40l., the conditions ofGC 31.80 still apply, and the
applicant does not .have ~o s~bmit a. formal request for approval !~om DWQ for their specific project.
However, the applicant IS still reqUlred to follow all of the conditions of GC 3280, which you can
copy for them or they can download from our web site. A speed limit sign is a useful analogy to
explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to
obtain a letter from a police officer saying he has permission to drive down the road.

5. If a project does require written concurrence for GC 3280, then the applicant!u-ust provide a written
application to the Division of Water Quality. \Ve have prepared a special link entitled "A Lake
Dweller's Guide to the 401 Water Quality Certification Process" on the 401lWetlands Unit web site
at http://h20.enr.state.nc.us/ncwetlands.This site contains information to guide the applicant
through this process, including links to the Pre-Construction Notification (PCN) application form.
Copies of the appropriate web pages are attached herein for you to provide to applicants without
internet' access. If the applicant has already filled out a peN form for the Corps, they can simply
copy this PCN fonn for DWQ. In brief, the applicant is required to provide seven copies o[ the PCN
form, an application fee made out to the Division of Water Quality ($200 if total impacts fall below
1 acre of waters/wetlands and 150 linear feet of streams, $475 if above these thresholds), and good
quality vicinity and local maps depicting the impact. The reason \ve require seven copies is that we
act as a state clearinghouse, and provide copies to five other agencies, which saves the applicant
from this requirement. Provided that the applicant has included all of the required information,
applications such as these arc quickly issued by DWQ. The GC 3280 applications that arc placed on
hold arc usually deficient in maps. Applicants can save themselves time by preparing good maps
with scales and north arrows. The vicinity map must clearly depict their property within the county
or city. The site map must clearly show their property boundaries, and the location, nature and
extent o[ the impacts. USGS topo maps are typically the most useful type of site map [or individual
property owners to usc as a base [or their site map. Impacts must be quantified on the map and in the
form as an area (i.e. 0.5 acres, not just shorelinc length). If an applicant needs help filling out the
application form, they should contact the appropriatc DWQ Regional Office Staff, or Cyndi Karoly
at [phone] in lhe D\VQ Central Office.

Thank you for your attcntion. I f you havc any queslions, please telephonc John DOll1\,'Y at 919-7.~,~,
9M() or Cyndi Karoly a( [phone]. ,

Sincerdy,

.Iohll Dorney

. .,

,

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The Basics of the 401 Water Quality Certification Process

401 Water Quality Certification Program - The Basics

Section 401 of the Clean Water Act delegates authority to the states to issue a 401 Water Quality
Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The cc401cc is
essentially a verification by the state that a given project v.rill not degrade Waters of the State or
otherwise violate water Qualitv standards. The following is a basic outline of the 401 review process in
North Carolina: .

When do you need to request a 401 Water Quality Certification?

If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your
proposed project involves impacts to wetlands or waters, then a 401 Water Quality Certification is also
required. The Corps also determines which type of permit is applicable to your work. a Nationwide.
Regional,"Generalor Individual Permit. For each of the Nationwide. Regional or General Permit, a
matching General Certification must be issued by OWQ in order for the Permit to be valid. An Individuc
401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps l1a:
determined which type of permit you should request, you can read the matching General Certifications
on the OWQ web page. Please read the applicable Certifications very carefully, and note whether or fit
written concurrence/notification is required by OWQ. If written concurrence/notification is not required,
and your project meets all of the conditions of the General Certification, you do not need to submit a
formal application or receive a signed 401 Water Quality Certification for your particular project. If the
General Certification states that written concurrence is necessary. please note the following steps
necessary to obtain your 401 Certification.

Fill out a Pre-Construction Notification

In North Carolina, you use a single form to request both a 404 Permit and 401 Certification. Tli
PCN Form can be downloaded directly. Please note. this form v.rill be revised later in 1999 when the
final versions of the new Nationwide Permits are issued. Just follow the instructions on the form. You
should also include a cover letter explaining your project, and enclose a vicinity map and a site map (
scale) depicting all the proposed impact areas, You are also encouraged to provide any supporting
documentation available, sudi as correspondence received from the Corps of Engineers or
photographs. Remember, the more clearly you describe your project, the more quickly we can reviev,
your application. You will need to submit this application to the Corps and provide seven copies of tli,
entire application to OWQ. If you do not provide seven copies. your application will be returned as
incomplete. OWO will distribute the copies to five other state agencies, as well as tlie appropriate OV
regional office, which saves you time and expense.

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WATER mITY 'PLft-fnt~ Fax:[phone]

Kay 15 '01 10:05

P.02/04

LAKE AND RESERVOIR ACTIVITY CERTIFlCA TION

GENERAL CERTIFI<;:ATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 rrv A. OR FERC
REGULATED PUBLIC lITILITlES) AND REGIO~AL PERMIT 198200079 (COE
LAKE AND RESERVOIR MAINTENANCE, REPAffi. AND CONSTRUCTION
ACTIVITIES) AND NEUSEff AR-P AMLICOIRANDLEMAN BUFFER RULES.

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
Nonh Carolina Division of Water Quality Regulations in ISA NCAC 2H, Section .0500
and 15A NCAC 2B .0200 fqr the discharge of fill material to waters and wetland areas
as described in the WiJroing~on Districts Regional (General) Permit Number 198200030
and Regional PemutNumber 198200079 and for the Neusc, Tar-PamIico and Randleman
Buffer Rules (15A NCAC 2\3 .0233. .0259 and .0250). This Certification replaces Water
Quality Certification (wQC) Number 2674 issued 011 January 21. 1992 and Water
Quality CertifiCdoon Number 3099 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers re-authorizes these Regional General Permits or when
decmed appropriate by the Director of the DWQ. .

The State: of North ~arolina cCltifies that the specifie.d category of activity will
not violate applicable poniors of Sections 301, 301,303,306 and 307 of the Public L1.wS
92-500 and 95-217 if condll~ted in accordance with (he conditions hereinafter sel forth,

Condi tions of Certi fi;catiol.:

1. Activities which r~uirc approv.J. uncia either ot the~e General Pcnnits but
I
do not result in fill, dredging or exc.lvation of waters or \l!~tl3.nds (such as
docks, piers or bo~thouses) do not require wrillcn COllcurrence from Ihe
Division of WatcIj Quality as long as they comply with all other conditions of
this Gweral Certification. However, Condition No.5 is applicable to all
streams in basins }\'ith riparian area protection ruks:

") In accordance with North Carolina General Statute Section l43-21S.3D(e),
3.ny request for \\frittcn conCUlTcncc for a 401 W~llcr Quality Certification
must includc th~ appropriate fcc. If a project also requires a CAlvfA Pennit,
one payment to both agencies sh:lll be submittcd and wi 11 be the hiGhcr of the
two fces. The fee shall be colkcted and distributed bct wcen the two agencics
in accordance with agrccmcnts rcachcd bctween thc Division of V-later
Ql1:llit\' :wd thcDivision of COlls1:al Management:

3, Acti viti.:::> whic~ n:suh ill fill. dredgine or CXc(l\"ll.ion of waters or \'-ctlands
lIn~1t:r thiS Gcncr;t1 Ccnit'IC<lliulIIC<-!uil( wllll(ll c(Il\(UnCllCC 110m tile Di' l~ivlI
(J( \Vatcr Quality:

-1, ~k,asurcs s1l311 be taken to prcvcnt live or fre~h concretc from C\Jllllng . :..
contact wilh waters of the state until the concrete has h~lrdcncd;

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5. Impacts to any str~m length in the Neuse and Tar-Pamlico River Basins
requires wriUen concurrence from DWQ in accordance with ISA NCAC
2B.0233 and J5A NCAC2B .Q25~. New,development activities located in
the protected 50~foo\ wide np~a!1 ar~ (whether jurisdictional wetlands or
not) within the Neuse and T~-Pain1ico River Basins shall be limited to "uses"
identified within and coostnlcted in accordance with 15A NCAC 2B .0233
and IS-A NCAC'2B .0259. :t\1~ new development s~all be located, designed,
consttUcted. and. maintained to have minimal disturbance to protect water
quality to the maximum extent p(:lcticab1e through the use of best
management practices;

:' .
6. That appropriate sediment and erosion control practi~.es v"hieh equal or ex.cud
those outline,d iU the mOS( recent version of the "North Carolira Sediment and
Erosion ControllPlanning and Design ~anual" or the ~Nor\h Carolina Surface
Mining Manual': whichever is more appropriate (available from (he Division
of Land Resources (DLR) in the DENR Regional Or Central Offices) sh~lI be
in full compliance with aU specifications go\'cming the proper design.
installation and operation and maintenance of such Best Management
Practices in ordcrJo-a.:;sure compliance with the appropriate turbidity water
quality standard;

7. Rip,rap shall be ,installed adjacent to bulkhead$ in fr~sh\"ater I:J.KCS to cnsme
protection or aqlS<itit: habitat. Construction over '.).:etl:lI1ds shall be elevated at
\cast tluee fect above any wetlands, and f10atine stfllctureS shall nOI rcsl
. - ~
pcriodiCll\y on t}1c bottom:

8, All sediment and erosion control mcasures placed in \\'ctl::nds or \\';).t(r$ shall
be removed and ~lt natural orade restored aftCf the Di vision of Land
I ~
Resources h:ls r~Jc3sed the project:

9. If an en\'irOOl11el,ltal document is required: this Certification is not valid until a
Finding of No Sjgnficant Imract <FONSY) or Record of Deci~ion (ROD) is
is,ucd by the State Clearinghouse. All water qm,lily-relaled condilion3 of tll::
FONSI ~r ROO ~h31l become conditions of this Certification: '

la, Pier; and boat houses sh:til be constructcd IOI'r0\'idc for st0rag~ and (Cl11o\':1.\
of sewage r~thc( than allowing r;j\\' \\':l5tc or ollle r sewage to be disposed
din::ctly illlo surf:!ec waters:

11, r\ddltlol\<11 sitc-~rccific wndiliollS may be added to projects prop0~cd with
fill uncler this Ccnific:ilion in order to \'\lsur~ cOf'll'lial1ce with all ;\l'pliclblc
\\'~llcr (Plodll'f <JfIJ (...fflocnt :.tl)'I1,-1flld~.~

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~TER aRIlY PLftMtG fax:919-715-S637

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12. Concurr~ncc irom DWQ that this Certification applies to an individual project
shall ex.pire three years from the date of the cover letter from DWQ or on the
s~me day as the expiration dale otthe corresponding Regional Pelmit
198200030 or 198200079, whichever is sooner;

13. When written concurrence is required, the 2.Jlplicant is required to use the
enclosed Certification of Completion fonn to notify DWQ when all work
included in \he 401 Certification has been completed.

Non-compliance with or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project and may result in
cri11linal 3.nd/or civil penalties.

The Director of the North Carolina Division of Wd.ter Quality nJay require
submission of a fonnal application for individual certification for. any project in this
category of cctivity, if it i.') determined that the project is likely to have a signifleant
adverse effect upon water quality 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 3. CCltific3tion decision if deemed in tl}t.-Public's be,st inlerest by the Direclor of
the North C;Jfolin3. ~ivision of Waler Quality.

Effective datc: I. June 2000

DIVISION OF WATER QUALITY

By

"{~.~~~

Kerr T, Stevcns

Director

WQC Ii 32S0

~- )

us Army Corps Of Engineers Ficld,Officcs and County eo\'aage
Asheville Regulatory Field Office Alexander Cherokee Iredcll Mitchell Union
US Anny CoIl's of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Ruthaford
Asheville, NC 28801-5006 Cabanus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Sw.1in
Fax: [phone] Catawba Hatderson Mocklenburg Transylvania
Raleigh RcguIat.ory Field OffICe Alarnance Durlwn Jolmston RDckingham Wilson
US Army Coxps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Noose Road Ashe Fr.mklin Nash Suny
Suite 120 Caswell Forsyth Northarnptan Vance
Raleigh, He 27615 O1atham Granville Orange Wake
Telephone: (919) 876-&441 Davidson Guilford P= Warren
Fax: [phone] Davie Halifax. !Gmdolph Wilkes
Washingtoo. ~uIatory Field Office Beaufort Cunltuck Jones Pitt
US Army Corps Of Engineas Bertie Dare Lenoir Tyrrell
Post Office Box. 1000 Camden Gates Martin Washington
Washington, He 21889-1000 Carteret. Green Pamlico Wayne
Telephone: [phone] Chowan Hertf'ord Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Rq;uI.atory Field Office Anson , Duplin Onslow
US Anny Corps Of Engineers Bladen Harnett Palder
Post Office Box. 1890 Brunswick Hoke Riclm1Ol1d
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Colwnbus Moore Sampson
Fax.: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Senice I Natlonall'tbrine Fisberies Service

US Fish and Wildlife Service
Raleigh Field Office
Post Office Box.33726
Raleigh, NC 27636-3726
Telephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665,1195

NatiortJ.l Marine FishL'Iies Service
Habitat Consavation Division
Pivers Island
Ikaufort, NC 28516
Telephone: [phone]

North Carolina SUte Agencies

Division of Water Quality
401 Wetlands Unit
1650 Mail Service C"'ltcr
Raleigh, NC 27699,1650
Telephonc: (919) 733-17%
Fax: [phone]S93

Division of Water Quality
Wctl1nds Restoration PrO"J3ln
1619 Mail Service0:-nter
Raleigh, NC 27699-1619
Telcphone: (919) 733,5208
fax: (919) 733,5321

SWtc llistoric Pn:scrvatioa Ol1icc
Dcpa..1.ment Of CultonI Resourccs
4617 ~1ail Scvice ('.enter
Raleigh, NC 27699-4617
Tckphonc: [phone]
Fax: [phone]

CAMA and NC Coastal Counties

Division of Coastal Ma.nagclllent
1638 ~I Service Center
Raleigh, NC 27699,1633
Telephone: (919) 733,2293
Fax: [phone]

BcaufOlt
Bertie
Brunswick
Camden
Cart=t

Chowan
CravCII
Currituck
Dan:
Gates

llcrtford
Hyo",
New I LUlovcr
Onslow
Panl1ico

p asq uownk
Palder
P L-rquim;Uls
Tyrrell
Washington

NCWRC and NC Tt'Out Countks

\\'L~tL'111 Picd.rnont Region COl1rdiIl.:ltor
3S55 Idlcwild Road
Kemersvillc, NC 27234,91 SO
Tckphone: (336) 7(,'),9453

Alleghany
A,he
Avery
13wi.:e

1\1oul1t3in Region C()oi1..1iI1.:.H<l!"
20330 G,=t Smoky Mtn, Expn:ssway
Wayncsvillc., NC 2X73(,
Telcphonc: (323) 452,25.\(,
Fax: [phone],1 !lay"""\ McI),)wcll Yan,''')'

Buncombc
ChemkL-c
Clay
Gr.\l1.'l11l

\\'auug;l
\\' i I"es

Caldwell
Mitchell
Stokes
S illl)'

I knd...'TS4JtI
Jac..son
Mx,)n
!\b,\iS<lIl

Polk
RuthL,fon\
Sv.:tin
I. t:l[ I '\)' 1 \' ~tll i;l

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20051759

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:

FilE C[]PV

Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

I.

Applicant Information

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1.

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Telephone Number: ?ty!-6b3-0<6/:'b
E-mail Address:

Fax Number: 7tJ1-~I4L/-3(')gh

2. Agent Infoffilation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

II. Project Information

Attach a vicinity map elearly showing the location of the property with respect to
local landmarks such as tOW11S, 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.

2. Describe the exis' g lal)d use oZr condition of the site ~ thC/ti~ of this
application: J:Sfde-lVh'A- - BRI15S Wi!'EcA.. c..h

JI.A ;; (! el!-::: () I 5 ;l

3. Property size (acres):

4. Nearest body of water (stream/riverlsoundJoceanflake):

1-,11 J< ~ MeJYlAJ7/

5.

we't:A

..~

6. List the type of equipment to be used to construct the project: ?LA-GJ::, AoE ) ke/T1S
/JtJ ~ f!o~ItIl&/7E:-

7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below jhe normal pool lake level in square feet or acres: ,4Pfe"x /,5' fr:
ANd /~;J ft LON:] ,

!:J ceO
I

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 I"
square feet or acres: ~/et:))( //J~X l;l~ ' .4,e~.IJ ~,J)tJ -51'''''1:

WeePs

~-d-b -os-

Ap cant/Agent's Signature Date
( 'gent's signature is valid only if an authorization letter from the applicant is provided.)

."

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Please approximately sketch the following information on this plan
(please provide dimensions for each Item. such as 10 ft. x 100 It):
1) AU proposed vegetation clearing (provide dimensions).
tVOAJ& ~ .2) Location of rip rap or fill to be placed above the Full Pond elevation
7JlJI!l!!1: ~3) location of rip rap or fill to be pla<:ed below the Full Pond elevation
7lIlZllZll -..:.> 4) The location of any proposed struclures such as buildings. retaining
nUs. ~ocks. etc.
77m777l ~5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.

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below full
pond i It X 1fiI It
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peed

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Please approximately skelch the foDowing 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 Fun 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
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation. .
6) Location of construction access corridors.

-3 ';-Location Map Printable

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ctions at your own risk. No representation or warranty is made as to their accuracy,
'. Infospace and Switchboard will not be responsible for any damages, losses or delays
~se directions. Obey aU traffic regulations.

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

James B. Hunt. Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director

September 25,2000

R

Jimmy Chisholm
Carolina Power and Light Company
179 Tillery Dam Road
Mt. Gilead, NC, 27306

And

Joe Hall
Duke Power and Lake Management
P.O. Box 1006
Charlotte, NC, 28201-1006

W) ~l (f5
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DEr~l. w.~
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Re: General 401 \Vater Quality Certification for Lake and Reservoir" Activities

Dear Messrs. Chisholm and Hall:

The purpose of this correspondence is to clarify the provisions ,~nd process relative to NC
Division of Water Quality's General 401 Water Quality Certification Number 3280 which correspond to
the U.S. Army Corps of Engineers General Permit 198200030. We understand that you receive
numerous requests from lakefront property owners inquiring about the permit requirements for activitie:;
they propose to conduct on the \vaterfront. After you have determined the property owner needs to
obtain a permit for dredging' or shoreline stabilization from you, \ve understand they arc then instructed
to obtain the necessary 404/401 Permits. These property owners should pursue the following sequence
of events to determine their 404/40 I permit needs. We have coordinated this letter with the U .S_ Army
Corps of Engineers so that it relates equally to both permitting programs.

1. The U.S. Army Corps of Engineers is the lead agency and accordingly determines 404 requirement:;
for all projects. Applicants should first contact the appropriate Corps field office representati ve for
their county. To identify \vhich counties arc handled by a particular Corps regulatory field office or
to find the appropriate individual in the regulatory staff, the public can access the Wilmington
District Regulatory Homepage at w\l./w.sav\'.usace_annv.mil/wetlandslregtouLhtm or read from the
list on Appendix A. The Corps staff will determine if a 404 Permit is required, and if so, which
particular one. It is important that the applicant learn specifically which Nationwide or Regional
General Permit applies to their work. For lake and reservoir activities, General Permit 198200030
(also called General Permit 30 or GP 30), is often the appropriate permit. The matching General
Certification for GP 30 is the subject of this cOlTespondencc.

2. Application for GP 30 involves submittal of detailed plans, location maps, and other supplemental
information explaining the nature. and scope of the work to the Corps. lethe work is determined (0
comply with all conditions of GP 30, the Corps will thell issuc a "tear sheet" to the. applicant, either
on-site or by mail, that qualifies as the Corps' writtclI cOllfirmatioll that the pmposed work complies
with this regioll:lI1'.encral permit. It I:; illlportallt for :Ipplicallts to note that (.1' :W :lIw:IY~; r..~qllirc:;
writtell COIlClllTCllce frol\1 the Corps,

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.

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3. If the Corps tells an applicant that no 404 is required for their project, then no 401 Certification is
required. However, applicants should note that projects located within the Neuse River, Tar-Pamlico
River, or Randleman Reservoir Basins may require approval of Buffer Rules for projects within
these watersheds. In such cases, the applicant should call the appropriate DWQ Regional Office
staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit
to review the site conditions and discuss the buffer approval or variance process.

4. If the Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the case of
GP ~O, DWQ has a '!latching General Certification (GC ?280), which i~ attached. The first thing the
app.hcant should do 1S carefi;lly r~d G~ 3280 t? ~et<:rmme whether wntten ,~ncurrence is required.
Wntten DWQ concurrence 1S reqUlred 1f the actIv1ty mvolves any fill, dredgmg or excavation of
waters or wetlands. TIlis includes any watelWard extension of the shoreline, excavation of boat
basins (even during lake draw-down periods), bank. stabilization practices that involve any new fill in
waters (including any amount of new rip-rap placement), boat ramps involving placement of fill in
waters, and new dredging. Activities which do not require written concurrence for GC 3280 include
seawall repairs that do not require any new fill in waters, and the placement of pilings for docks
piers and boathouses. It is vital that the applicant understands the difference between "No 401'
Required" versus "No Written Concurrence for the 401 Required." .No 401 is required only if no
404 is required. Ifa 404 is required, a401 is always required. If the scope of work falls below the
thresholds for written concurrence on the 401., the conditions ofGC 3280 still apply, and the
applicant does not .have ~o s,!bmit a. formal request for approval.f~om DWQ for their specific project.
However, the apphcant IS stIll reqUlred to follow aU of the condltlOns of GC 3280, which you can
copy for them or they can download from our web site. A speed limit sign is a useful analogy to
explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to
obtain a letter from a police officer saying he has permission.to drive down the road.

'lJ~'

5. If a project does require written concurrence for GC 3280, then the applicant must provide a written
application to the Division of Water Quality. We have prepared a special link entitled "A Lake''''''''
Dweller's Guide to the 401 rf!ater Quality Certification Process" on the 40 lIWetlands Unit web site
at httn://h20.enr.state.nc.us/ncwctlands. This site contains information to guide the applicant
through this process, including links to the Pre-Construction Notification (PCN) application form.
Copies of the appropriate web pages are attached herein for you to provide to applicants without
internet access. lfthe applicant has already filled out a PCN form for the Corps, they can simply
copy this PCN formfor DWQ. In brief, the applicant is required to provide seven CQpies of the PCN
form, an application fee made out to the ~ivision of \Vater Quality ($200 if total impacts fall below
1 acre of waters/wetlands and 150 linear feet of streams, $475 if above these thresholds), and good
quality vicinity and local maps depicting the impact. The reason we require seven CQpies is that we
act as a state clearinghouse, and provide copies to five other agencies, which saves the applicant
from this requirement. Provided that the applicant has included all of the required information,
applications such as these are quickly issued by OWQ. The GC 3280 applications that are placed on
hold are usually deficient in maps. Applicants can save themselves time by preparing good maps
with scales and north arrows. The vicinity map must clearly depict their property within the county
or city. The site map must clearly show their property boundaries, and the location, nature and
extent of the impacts. USGS tapa maps are typically the most useful type of site map for individual
propeliy owners to use as a base for their site map. Impacts must be quantified 011 the map and in the
form as an area (i.e. 0.5 acres, not just shoreline length). If an applicant needs help filling out the
application form, they should contact the appropriate OWQ Regional Office Staff, or Cyndi Karoly
at (9\9) 733-9721 in the D\VQ Central Office.

Thank YOll for your attention. \ r YOll have any qucstions, please tclephone John Dome)' at 9\ 9-7,1,1
96'l() or Cyndi Karoly at (9\9) 731-972 \. .

Sincerely,

John Dome)'

't~",C~ ... t.

,

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,

The Basics of the 401 Water Quality Certification Process

401 Water Quality Certification Program - The Basics

Section 401 of the Clean Water Act delegatesauthonty to the states to issue a 401 Water Quality
Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The ((401(( is
essentially a verification by the state that a given project will not degrade Waters of the State or
otherwise violate water Qualitv standards. The following is a basic outline of the 401 review process in
North Carolina: .

When do you need to request a 401 Water Quality Certification?

If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your
proposed project involves impacts to wetlands or waters, then a 401 Water Quality Certification is also
required. The Corps also determines which type of permit is applicable to your work. a Nationwide.
Regional, Generalor Individual-PBrmit.For each of the Nationwide, Regional or General Permit. a
matching General Certification must be issued by OWQ in order for the Permit to be valid. An Individu2
401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps ha:
determined which type of permit you should request. you can read the matching General Certifications
on the OWQ web page. Please read the applicable Certifications very carefully, and note whether or (li
written concurrence/notification is required by OWQ. If written concurrence/notification is not required,
and your project meets all of the conditions of the General Certification, you do not need to submit a
formal application or receive a signed 401 Water Quality Certification for your particular project. If the
General Certification states that written concurrence is necessary. please note the following steps
necessary to obtain your 401 Certification.

Fill out a Pre-Construction Notification

In North Carolina. you use a single form to request both a 404 Permit and 401 Certification. Th
PCN Form can be downloaded directly. Please note. this form will be revised later in 1999 when the
final versions of the new Nationwide Permits are issued. Just follow the instructions on the form. You
should also include a cover letter explaining your project, and enclose a vicinity map and a site map (
scale) depicting all the proposed impact areas. You are also encouraged to provide any supporting
documentation available, SUdl as correspondence received from the Corps of Engineers or
photographs. Remember, the more clearly you describe your project, the more quickly we can reviev,
your application. You will need to submit this application to tile Corps and provide seven copies of tll'
entire application to OWQ. If you do not provide seven copies, your application will be returned as
incomplete. OWQ will distribute the copies to five other state agencies, as well as tlle appropriate OV
regional office, whidl saves you time and expense.

~ ..; ,

wA,ffitOiliYM.t~it4G fax:[phone]

Hay 15 '01 10:05

P.02/04

LAKE AND RESERVOIR ACTIVITY CERTIFICATION

GENERAL CERTIFI~A nON FOR PROJECTS EUGffilE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 rrv A. OR FERC
REGULATED PUBLlctmLITIES) AND REGIONAl-PERMIT 198200079 (COE
LAKE AND RESERVOIR MAINTENANCE, WArn. AND CONSTRUCfION
ACTIVITIES) Al\'D NEUSElTAR-PAMLICOIRANDLEMAN BUFFER RUlES.

This General Certification is issued in conformity with the requirements of
.Section 401. Public Laws 92-500 and 95-117 of the United. States and subject to the
North Carolina Division of Water Quality Regulations in 151\ NCAC 2H, Section .0500
and 15A NCAC 2B .0200 fqr the discharge of fill material to waters and wetland areas
as described in the Wilmington Districts Regional (General) Permit Number 198200030
and Regional Pemut Number 198200079 and for the Neusc, Tar-Pamlico and Randleman
Burrer Rules (15A NCAC 2B .0233. .0259 and .0250). This Certific~tion replaces Water
Quality Certification (wQC) Number 2674 issued 011 January 21. 1992 and Water
Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers re-authorizes these Regional General Permits or when
deemed appropriate by the "Director of the DWQ. .

The State of North C)rolina cCltifies that the specified category of activity will --,,,,;
not violate applicable ponioj1s of Sections 301, 302, 303, 306 and 307 of the Public L1.wS
92-500 and 95-217 if conducted in ~ccordance with the conditions hereinafter set forth,

ConcLtions of Certifi:.::atiol-':

l. Activities which r~ui.rc approv.u uncia either ollhc~c General Pcnnits but
do nOl rcsult in fill. dredging or exc.1\'ation of walers or wctl:1nds (such as
docks. piers or bo~thauses) do llOt require writtcn COl1CUrrellce fTom the
Di \'ision of Watelj Quality as long as they comply with all other conditions of
this GweraJ C.::rtificalion. However. Condition No.5 is applicuble LO all
streams in basins ~~'ith riparian area protection rules:

"'J In accordance with Nonh Carolina General Statute Section l43-215.3D(c),
an)' request for \\fritten conCUll"CnCC for a 401 Waler Quality Certification
must include th~ appropriate fee. If a project also requires a CA!\'IA Pemut,
one payment lO both agencies shall be submitted and will be the hiGhcr of the
t\\'o fees. The fee sh;,i11 be collected and distributed bet ween the twO agencies
in accord3.nce with agreements reached between the Division of Water
QU:llitY:lnti the ~ivision of Coos(al Management:

3, Act! vilib \\'hic~ n:sult in fill. dred!:J,ine or cxc;'\\'(J{iOll of Waters or \\;etlands
ul\~1cr t!lIS Gener;\! Ccniflc.lliulIIC<-luil'; wlIllCIl C(IlICUnCncc 110m IlK Di' I:>ioll
Of W:\lcrQu.11ity:

-1. ~1~~.1Sllrcs shall be taken to prevent hve or frc~h concreLC from (\)1 Iillll~ . ,..
contact with waters of the state until the concrete has hardc1led;

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5. Impacts to an)' stre:tm length in the Neuse and Tar-pamlico River Basins
requires written concurrence fr~m DWQ in accordance with I5A NCAC
2B.0233 and J5A NCAC2B ,Q25~. New-development activities located in
thc protected 50-:-foo< wide ri.p~a!1 areas (whether jurisdictional wetlands or
not) within the Neuse and Tar-Pamlico River Basins shall be limited LO "uses"
identified within and constn1cted in accordance with 15A NCAC 2B .0233
and IS-A NCAC'2B .0259, 'A.i~ new development s~all be located, designed,
constructed. and, maintained to have mini~l disturbance to protect water
qualilY to the maximum extent pL<ictiC<lb1e through the use of best
management practi~; ,

, ,
6. That appropriate sediment and erosion control practi<<eS which equal or excud
those outlin~d iti the most recent version of the "North Caroli.na Sediment and
Erosion ControllPlanning and Design ~anual" or the "N0l1h Carolina Surface
Mining Manual': whichevcr is morc appropriate (available from the Di\'ision
of Land Resources (DLR) in (he DENR Regional or Central Offices) shall be
in full compliance with all specifications go\'cming the proper design,
installation and operation and maintenance of such Best Management
Practiccs in order to assur~ compliance with thc3Ppropriate turbidity water
quality standard; ","

7. Rip-rap shall be linstalled adjacent to bulkheads in frcshw3tef l:Jl.cs to cnsurc
protection of aql}<itie habitat. Construction ova ',),.'ctlands shall be cle\'ated at
least thrce feel above anv wetlands, and f10atine stmctures shall not re5L
,- -
pcTiodioll)' on the bOll am:

S, All ~edimen\ an~ erosion control measures placed in wctbnds or \\':ttcrs shall
be removed and Iulc MlUral grade restored aftCf the Division of Land
Resources h:ls r4lca~ed the project;

9. If an environmel,ltal document is required, this Certification is not valid until a
Fwding of No Sjgnficant Impact <FONSl) or Record of Decision (ROD) is
issued by the State Clearinghouse. All water qUality-related conditions of lh~
FONSI ~r ROD ~hall become conditions of this Certification:

10. Plcr; and bO:ll houses sh:u1 be constructed to pro\'idc for stor;)g~ ;Jnd lel11o\.<\1
I . '
of scwage r~thcr: than allOWing r~\\' \\'3.stc or other SC\VdgC to be disposed
din.:ctly into surf:tcc waters:

II, l\ddlllOnal sitc'~pccific conditiolls may be added to projects prop0~c(\ with
fill under this CC11ific;Jtion in order to Cllsur~ cor'1pliance with:.\1\ :1\'1'Iic:10k
'\\.~ItC'r <("_tlllY ollJ .........-I\J(;l\{ ~llHh.1n.1d:.~~

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l&1TER'co:v...ny Pt.Ri~lm fax:91~7is-S637

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12. Concurr~ncc irom DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
s~me day as the expiration date of the corresponding Regional Permit
198200030 or 198200079, whichever is tooner.

13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion fonn to notify DWQ when all work.
included in the 401 Certification has been completed.

Non-compliance with or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project and may result in
crirninal and/or civil penalties.

The Director of the North Carolina Division of Water Quality nJay require
submission of a fonnal application for individual certification for. any project in this
category of c.ctivity, if it is determined that the project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existiT.1g uses of the
wctlandor do\vn~trcam waters are precluded.

Public hearings may be held for specific applications or group of applications
prior to 3. Celtifiotion decision if deemed iDthc public's best inler~st by}he Director of
the North Carolina Division of Water Quality. ..,-

Effective date: 1. June 2000

DIViSION OF WATER QUALITY

By

"{~.~~~

Kcrr T, Stevcns

Director

WQC Ii 32S0

us Army Corps Of Engln<<n Ficld,Offica and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredcll Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland l.incoln Rowan Yancey
Room 208 BUIke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Gxaham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catavma Henderson Mecklenburg Transylvania
Raleigh ~ Field OffICe Alamance Dw:ham Johnston Rockingbam Wilson
US Army Corps OfEngin= Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Noose Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampcon Vance
Raleigh, NC 27615 Olatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington ~ulatory Field Office Beaufort Cwrituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box. 1000 Camdro Gates Martin Washington
Washington, NC 27889-1000 Caxtaet. Green Pamlico Wayne
Telephone: [phone] Otowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans "'Croatan National Forest Only
Wilmington Rq;ulatory Field Office Anson , Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box. 1890 Brunswick Hoke Riclunond
Wilmington, NC 28402-1890 Carteret Montgornay Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Seotland
US Hsl1 and Wildlife Scnicel National ~hrine Hsl1erics Scnicc

US Fish and Wildlife Service
Raleigh Field Office
Post Officc Box. 33726
Raleigh, NC 27636,3726
Telephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]

Natioru! Mlrine Fisheries Sm'icc
Habitat Conservation Division
Pi vcrs Island
lk3ufort, NC 28516
Tekpholle: [phone]

North Carolina State Agcncic<;

Division of Water Qu.11ity
401 Wetlands Unit
1650 Mail Service Centcr
R.akigh, NC 27699,1650
Tekphonc: [phone]
Fax: [phone]

Division of Water Quality
W ctwnds Restoration PrOC'J.l1ll
1619 Mail &-rvice Center
Raleigh, NC 27699,1619
Telephone: [phone]
Fax: (919) 733,5321

SWIC Ilistoric Prcscrvatioa OITic~
Department Of Cultunl Rc'$0urc.:s
4617 :"1.1il Service ('.enter
IUkigh, NC 27699-4617
Tckphone: [phone]
Fa,: [phone]

CAMA and NC Coastal Countks

Division of Coastal Mal1.1g~IU':llt
1638 Mail Service Center
Raleigh, NC 27699,1638
Tekphone: (919) 733,2293
Fa"-: (919) 733,1495

DcaufOlt
Dcrtie
Orunswick
Camden
Cartcrct

Chowan
Cra VCII
Cmrltuck
Dare
Gatcs

11 Crt ford
By&:
Nev.' Ibllo\'~r
OBSlow
j'amlico

P asquotaJlk
P alder
P c-rq uiJ1\.1J\5
T)TIell
\\'ashington

NCWRC and NC Trout Countk.'S

\VL-stcm PicdJnont ~gi{)n C<x)rdin.ator
3855 ldlcwild Road
Kcmcrsvillc, NC 27284,9180
Telephone: (336) 7(,'),9453

All~ghallY
Ashe
Avcry
l3urkc

~ 10untain Region Coordi nator
20830 Gleat Smoky Mtll, E,'p",ssway
\lhyn~sville, NC 2R7S(,
T~kphon~: (82S) 452,25\(,
Fax: (828) 506,175,\ I Liy'"""",\ Md)",,-,cll Yallec)

BWlcomhe
Che1\,k~c
Clay
Graham

\V ~lt~luga
Wllkcs

Caldwcll
Mitchell
Stok~s
Swry

11~ndcrs()11
Jackson
1\1;o:()Il
1\1;o,li,,)n

l\)lk
R u Ihc'1fo[( 1
Sv.ain
l't:Ul'\yl\'~U\i:,