20040098 Ver 1_COMPLETE FILE_20040127

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March 12, 2004
DWQ# 04-0098
Person County
Steve and Sheila Wallace
201 S. Madison Blvd.
Roxboro, NC, 27573
APPROVAL of 401 Water Quality Certification with Additional Conditions:
Dear Mr. and Ms. Wallace:
You have our approval, in accordance with the attached conditions, to dredge 2.75 acre of waters and to place fill in
0.04 acre of waters at Hyco Lake in order to stabilize the shoreline and improve boat access to your property in Person
County, as you described in your application received by the Division of Water Quality on January 27, 2004. After reviewing
your application, we have decided that this work is covered by General Water Quality Certification Number 3373, which can
be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Regional Permit
Number 198200030 when issued by the Corps of Engineers. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 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 total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. Measures shall be taken to prevent live or fresh concrete from coming into contact with water&of the state until the
concrete has hardened;
2. This work shall not involve a net increase in land area encroaching upon the existing surface area of Hyco Lake;
3. This project is for the installation of a bulkhead to prevent further erosion of the property due to wave action. The
use of mechanical equipment on the beach must be minimized;
4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be taken to keep all
equipment out of the reservoir;
5. Dredging activities and placement of rip-rap shall be limited to the lake, and no dredging or placement of rip-rap
shall be conducted in the stream discharging into the cove;
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.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htW://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
472%
Steve ana an ua wauace
March 12, 2004
c. F r borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
aintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Tie reclamation measures and implementation must comply with the reclamation in accordance with the
r auirements of the Sedimentation Pollution Control Act.
7. 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 Notice Application. 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;
8. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
pract cable. 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 r leased the project;
9. You re required to return the attached Certification of Completion form to notify DWQ when all work included in
the 4P1 Certification has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 day of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 7699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This I
any questi
733-9721.
completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
please telephone Steve Mitchell in DWQ's Raleigh Regional Office at 919-571-4700 or Cyndi Karoly at 919-
Sincerely,
f
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of
Raleigh [
Central F
File Cop)
ineers Raleigh Regulatory Field Office
Regional Office
040098
?t
? Certificate of Completion
Pro ject No.: `? 09 County: rJ1'?
DWQ?
Applicant:
Project Name:
i-
'e, P?
a?? s
Date of Issuance of 401 Water Quality Certification:
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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/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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 Certitcation
I, -l-ed I Q ' G } Q. ?, t QCe , 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 Qual.q Certification and Buffer Rules, the
approved plans and spwin-cations, and other supporting material,
Signature: Date: 4-0
Agent's Certficatwn
/A ~ Qq? t n ?61 V- '" abilities due care and
I, J , hereby state that, to the best of my ,
ce 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:
. U
SEP I 2005
If this project was designed by a Cerlifted Professional
RAIVCH
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 Fonstruction 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:
the months of March, April, May, and June because of potential impact to fish spawning am,,
r r
r. Dredging will be limited to channelward of the normal pool elevation. Dredge depths
will not exceed those (depths) 6f receiving waters channelward of the work.
s. All excavated material will be placed landward of the normal pool elevation contour on
high ground and confined by adequate dikes or other retaining structures to prevent erosion and
sedimentation into adjacent waters or wetlands. Excavation within vegetated wetlands is not
authorized.
t. The temporary placement or double-handling of excavated or till material waterward of
the normal pool elevation is not authorized.
u. The minimum clearance for aerial power lines will be governed by system voltage as
shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances

115 and below ----- ------------
138 22
161 24
230 26
350 30
500 35
700 42
750-765 45
Clearances are based on the low point of the line under conditions which produce the maximum
sag considering temperature, load, wind, length, span and type of supports. Clearances for
communication lines, stream gaging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform to
the special conditions of general (regional) permit No: 1 98 1 00049.
v.. If an easement to fill or cross State, utility company or Federal property is required, such
easement must be obtained prior to commencement-df work.
w. If the display of lights and signals on the authorized structure is not otherwise provided
for by taw, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
x. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
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not hold the United States liable for any such damage.
s . ,s
y. This general permit does not authorize any habitable structure or associated facility for
nonwater-related use.
z. This general permit does not apply to structures within existing or proposed marinas. A
marina is defined as any publicly or privately owned dock. basin or wet boat storage facility
constructed to accommodate more than 10 boats.
aa. All work will comply with Water Quality Certification No. 3280, issued by the North
Carolina Division of Water Quality (NCDWQ) on June 1, 2000.
2. General Conditions.
a. All activities authorized by this general permit that involve the discharge of dredged or
-fill material in waters of the United States will be consistent with applicable water quality
standards, effluent limitations and standards of performance, prohibitions, pre-treatment
.standards and management practices established pursuant to the Clean Water Act (33 U.S.C.
1344) and applicable State and local law. If the proposed activity involves the discharge of
dredged or fill material in waters of the United States, prior to the commencement of any work,
the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the
need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to
riparian access by the existence or use of activities authorized by this general-permit.
c. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall. cause.unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be.required, upon due notice from the Corps of Engineers, -to remove, relocate, or
alter the structural work or obstructions caused thereby,-without expense to the United States.
No claim shall be made againsuthe United States on account of any`si ch removal or alteration.
d. A permittee, upon receipt of written notice from the Wilmington District Engineer of
failure to complywith the terms or conditions of this general permit, will, within 60 days,
without expense to the U.S. Government, and in such manner as the Wilmington District
Engineer may direct, affect -compliance with the terms and conditions or return the worksite to a
pre-work condition.
e. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental
values.
5
T he F?rmittee must perform the work authorized herein in u manner so as to minims"
any degradation of water quality. The activity will be conducted in such a manner as to prevent.,
significant increase in turbidity outside the area of construction or construction-related discharge.
Increases such that the turbidity in the water body is 50 NTU's or less in all rivers not designated
as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
g. The permittee will permit the Wilmington District Engineer or his representative to
make periodic inspections at any time deemed necessary in order to assure that the activity is
being performed or maintained in strict accordance with the Special and General Conditions of
this permit.
h. This general permit does not convey any rights, either in real estate or material, or any
exclusive privileges; and it does not authorize any injury to property or invasion of rights or any
infringement of Federal, State or local laws. or regulations, nor does it obviate the requirement to
obtain State or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a
Coastal Area Management Act (CAMA) Permit (N.C.G.S. I 13A-118), an Easement to Fill
(N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water
Act.
i. Authorization provided by this general permit may be either modified, suspended or
revoked in whole or in .part if the Wilmington District Engineer, acting.on behalf of .the Secretary
of the Army, determines that such action would be in the best public interest. Unless subject to
modification, suspension or-revocation, the term of this general permit shall be five years. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the U.S. Government.
j. This general permit does not authorize the interference with any existing or proposed
Federal project and the permittee will not be entitled to compensation for damages or inju to
ry
the structures or work authorized herein which may be caused by or result from existing or future
operations undertaken by the United States in the public interest.
k. This general permit will not be applicable to proposed construction when the
Wilmington District Engineer determines that the proposed activity would significantly affect the
quality of the.human environment and determines that an Environmental Impact Statement (EIS)
must be prepared.
1. This general permit will not be applicable to proposed construction when the
Wilmington District Engineer determines, after any necessary investigations, that the proposed
activity would adversely affect areas which possess historic, cultural, scenic, conservation or
recreational values. Application of this exemption applies to:
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