20040389 Ver 1_COMPLETE FILE_20040315

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
April 1, 2004
Stanly County
DWQ Project #: 04-0389
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Dorothy B. & Philip S. Whitt
15645 Arrowood Drive
Norwood, NC 28128
Subject Property: Morgan Hill subdivision, Lot# 10
Dear Mr. & Ms. Whitt:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 260 square feet of waters on Lake Tillery for the purpose of
constructing a boathouse and seawall to stabilize approximately 136.60 feet of shoreline, as described
within your application dated March 5, 2004. After reviewing your application, we have decided that
this fill is covered by Nationwide Water Quality Certification Number 3373, which may be viewed on
our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General
Permit Number 198200030 when the Corps of Engineers issues 'it. 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. This approval will expire when the accompanying 404 or CAMA 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 except as
modified below. 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 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
66 EN
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), (http://h2o.enr.state.nc.us/ncwetlands
Page 2
Mr. & Ms. Whitt
April 1, 2004
2. This project is for the installation of constructing a seawall to prevent further erosion of the
property due to wave action. The use of mechanical equipment on the beach must be
minimized.
3. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Alan Johnson of our
Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
Kli k, P. E.
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Office Use Only:
USACE Action ID No.
No.
Form Version October 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. - Check all of the approval(s) requested for this project: '??
? Section 404 Permit
? Section 10 Permit
? 401 Woter Quality Certification
? Riparian or Watershed Buffer Rules
( 6 Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
WETLANDS /Qn9 rmn, er,
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:
'Oompany Affiliation:
--'Mailing Address:
Telephone Number: Fax Number.
E-mail Address:
Page 5 of 12
Telephone Numbet: 7 0 - µ y y - ?? Number:__7 0 - 9? ,s / S'
E-mail Address: w a: tr ?? a. F F u .._y. .pax
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 pro pert
boundaries and development plans in relation to surrounding properties. Both the vicinity ma
y
and site plan must include a scale and north arrow. The specific footprints of all buildings
P
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the pre rt
boundaries outlined. Plan drawings, or other maps may be included at the applicant's disc on,
so long as the property is clearly defined. For administrative and dist1ibution4UI)O . the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of ansize. DW
drawings rather than a sequential sheet version of the full-size plans. If fiffl-size full-size n lams tare
reduced to a small scale such that the final version is illegible,-the applicant will be informed-that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number or State Pmject Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County:, I, i Nearest Town: La w odd
Subdivision name (in ude phaseAnot number): -
Directions to site (inclu road numbers, landmarks, a?c.j:?? t o r /D
5. Site coordinates, if available (U M or IAULoII
g):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates. foreach.crossing.ol a.distinctrwaterbody.)...
6. Describe the existing land use or condition of the site at the time of this application:
A &.,I 1 9 ?.9+ iGi T.
7• : Property size (acres): D• S
8. Nearest body of water (stream/river/sound/ocean/lake):. L,¢ ?'-
9. RiverBasin•
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htto://h2o.enr state nc us/admin/mans/) .
Page 6 of 12
10. Describe a purpose. of the pro osed work:
IV.
I I. List the type of equipment to be used to construct the project: / -
12. Describe the land use in the vicinity of this project:
Prior Project History
If jurisdictional determinations and/or permits have=been requested and/or obtained for this
project (including all..<prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V.
VI.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
Al Vita
Proposed Impacts-to Waters of the:United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and. map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All- proposed impacts, permanent
and temporary, must be listed herein,= and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams- (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or-stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
L Wetland Impacts
Wetland Impact Area of
Site Number Located within
Type ofImpact* Impact Ipay?.?? l ** Distance to
i ndicate
on mac es) pain Nearest Stream Type of Wetland***
odcn Impact separately and identify to
excavation, flooding, ditching/drain ?ts include, borate not limited to: mechanized clearing, 8radin
*• 100-Year floodplains ace identifie -tthro ' dams, For ??y ?t i? due to both structure and flooding. g, ?,
M1,I), or FF1?IA_ ? ma Feeral '?rBeDW Management A
online gency's tFFMA} Flood Insurance Rate Ma
approved local Qoodplain maps: Maps are available through the FEen M
at httnJ/www femaeov, ap Service Center at I-800.358-9616, or
s«« List a wetland type that best describes wetland to be impacted Carolina Bay, bog, etc.) (e g., freshwatedsaltwater marsh, forested wetland, beaver pond.
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland.impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream tact
Le
ngth of
Site to oex Type of Impact* • Itmpact Stream Name** Average Width Perennial or
ndicate on (linear feet) -of Stream Intermittent?
dams but are not limited to: culverts and
stab lizatio aI aclist in4kW due to tivities ( ? Wa, both structure and IIoodigs, relocation (Include boar fat before and after, ? ?
pOposed,.plans and profiles showing ' -gabions etc.);. excavation,. ditching/straightening, g?}'
** 8 hoar footprint for both the original and relocated streams t etc. If stream relocation is
Steam names can be. found on.USGS topographic MVS.. If must be included.
downstream named stream into which it flows. i1SGS ' a sham has-no-name, list as UT (unnamed tributary) to the nearrst
main Several inWW sites also allow m am available through the USGS at 1-800-358-9616, or online at
?u?' f.a% eta). dirtct download and printing of USGS maps (eg., www.tooozone.com,
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of
Site Number Type of Impact* Impact Name of Waterbody Type of Wt?yund,
(indicate on ma) (acres) (if applicable) {lake, pond, estoL_-• _ _ - - .
' List each impact
separately and identify temporary impacts. Impacts include. but are not limited to: fill. excavation, dredging,
flooding. drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated- wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands [] stream El wetlands
Describe the method of construction (e.g., darn/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as to
financial viabilit of the p°1?PhY, building ordinances, accessibility, and
y project.. The applicant-may attach drawings of alternative, lower-impact
site layouts, and explain why-these design options were not feasible. Also discuss how impacts'
were minimized once the desired site plan was developed If applicable, discuss construction
techniques to be followed during construction to reduce-impacts.
n

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or-equal to one acre; of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modific
Permits, published in the Federal Re argon of Iva
recess Register on March 9, 2000, mitigation will be requirednw ?de
necessary to ensure that adverse effects to the aquatic environment are
including size and type of proposed impact and function and relative value of the when
aquatic resource will be considered in determining ac
ceptability of appropriate and minimal.
Impacted
mitigation as proposed. Examples of mitigation that may be a ro riate
but are not limited to: reducing the size of the that Practicable
pro J , establishing and maintaining '
and/or upland vegetated buffers to protect open v, aters such as PP P streams; and and Pmctrca replacing ble include
aquatic resource functions and values by creating, restoring, enhancing, or g preserving simwetland
functions and values, preferable in the same watershed. losses of
ilar
If mitigation -is required for this project a co ~
for USACE or DW ca of the mitigation plan must be attached in order
lacking a Q to consider the appbcation complete for processing. Any g required mitigation plan or N Y application
incomplete. An applicant may also choose to VVR w the cun?e shall be placed on hold as
in DW '
Q s Draft Technical Guide for Stream guidelines for stream restoration
htt ://h2o.enr.state.nc.us/ncwetlands/strrn 'de.html. Work in NOS Carolina, available at
I• Provide a brief description of the proposed mitigation as much information as possible, including, but of limited to: site location
and/or map, if offsite), affected stream plan The description should provide
of mitigation m and river basin type (attach directions
P Posed (restoration, enhancement creation, and amount (aage?linear feet)
Preservation mechanism (e.., Preservation), plan
g deed res6ictions, conservation easemen et view,
description of the current site conditions and proposed method of cons
a separate sheet if more space is needed, traction. Ply at?h
2..? ?? nCma'WyR Abe ,anade b
y <payment into the North Carolina Wetlands Restoration
)with the NCWRP's written a
you would like to pay into the Nl agreement. Check the box indicating that
reviewed and approved before it can bbee?us? please note ads that payment into the N
must b
will be notified early in the review tRP
Y mitigation requirements. Applicants
NCWRP is available as an option. Fprocess or additiothe nal rmatihon Unit if Payment into
'Process for the NCWRp the
use of the NC , check the NCWRP website at h regarding the application te. WRp is proposed, please check the appropriate -box on page three andx htm. If
the following information:
provide
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres).
Page 10 of 12
Ix.
X.
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/statelloc
land?
Yes ? No Q AD
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act
Note: If you are, not sure whether a NEPA/SEPA document is required, caall the S- EPA
coordinator at (919)-733-5083 to review current thresholds for environmental docum=tadon.
. Yes ? . No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes El Non
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233.
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Yp?pl BufferRVegwirements), or other (please identify )? If you answered ?
"yes", provide the following information:
Identify. the. square feet and:acreage.-of:impact:to each zone. of the riparian buffers. if-buffer
mitigation is- required calculate •the required amount of mitigation by - applying the buffer
multipliers.
Zone's I Impact
2
Total
' Zone 1 extends out 30 feet perpendicular 6
additional 20 feet from the edge of Zone 1.
Multiplier
3
1.5
near bank of channel; Zone 2 extends an
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (IDWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
X1I. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (nonAscharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
MH. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No El
MY. Other Circumstances (Optional): . .
It is the applicant's responsibility to submit the- application sufficiently in advance of desired
construction • dates: to- allow processing time for these permits. However, an applicant .
choo may
se to list constraints associated, with ,construction or sequencing that may impose limits on
work schedules (e.g., draw-down • schedules for .lakes, -dates associated with Endangered. and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agen s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant -is provided.)
Page 12 of 12
PEC
FORM NO.2000A/INDIVIDUAL Lease No. TIL00.1282
REV. 5/2000
STATE OF NORTH CAROLINA
COUNTY OF STA'YLY (NC)
THIS LEASE is made as of this 19th day of February, 2004, by and between, PROGRESS ENERGY CAROLINAS,
IN C. FWa CAROLINA POWER & LIGHT COMPANY, hereinafter referred to as "PEC" and WHITT, DOPOTH' WHITT AND HUSBAND, PHILIP S., 15541 Flora Lane, Norwood, NC 28128 ("Lessee" whether one or more).
WITNESSETH:
WHEREAS, PEC owns a hydroelectric development in Montgomery and Stanly Counties and has constructed,
with said development, a dam and impounded waters thereby making a reservoir known as "Lake Tillery," the waters of which are used by
PEC in its business of generating and transmitting electrical energy for use at various places; and
WHEREAS, Lessee desires to use a certain parcel of PECs land lying and being adjacent to or near Lake Tillery for recreational
purposes, and PEC does not object provided Lessee's use does not interfere with PEC's operation of said hydroelectric development, as
provided herein.
NOW THEREFORE, for and in consideration of the covenants and agreements hereinafter set out to be kept and performed
by Lessee, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, PEC has
agreed to demise and lease, and by these presents does hereby demise and lease to Lessee, for recreational purposes only, upon the
conditions hereinafter set out, that certain parcel of land, together with all improvements thereon, lying and being adjacent to or near
PEC's Lake Tillery in EAST CENTER Township, STANLY (NC) County, North Carolina, and being more particularly described as
follows:
LESSOR'S STRIP OF LAND (THE "PREMISES") LYING BETWEEN THE SHORELINE OF SAID TILLERY RESERVOIR
AND THE ADJACENT PROPERTY LINE THERETO FOR LESSEE'S TRACT NO(S). 10 OF THE MORGAN HILLS -
SUBDIVISION, AS SAID LOT(S) IS/ARE SHOWN ON A PLAT RECORDED IN PLAT BOOK 16, PAGE 55, STANLY
COUNTY REGISTRY. THE STRIP HEREBY LEASED IS LIMITED TO THE WIDTH OF SAID ADJACENT PROPERTY
LINE. ("Premises")
TO HAVE AND TO HOLD said Premises and privileges and appurtenances thereunto belonging to Lessee, and Lessee's
permitted assigns, upon the following terms and conditions:
1. TERM. The term of this Lease shall commence on the 19th day of February, 2004 "Commencement Date") and,
expire at 12:00 midnight on the 30th day of June, 2004 (the "Initial Term"), unless sooner terminated in accordance with the terms and
conditions hereof. Upon expiration of the Initial Term and provided Lessee is not in default, this Lease shall continue until either party
shall give at least sixty (60) days prior written notice to the other of its intent to terminate this Lease (the Initial Term and such
successive periods collectively referred to herein as the "Term'). In the event this Lease shall continue beyond the Initial Term, it.
shall be upon the same terms and conditions contained herein, except for the amount of rent, as set forth in Paragraph 2. This Lease
shall create the relationship of landlord and tenant only between PEC and Lessee.
2. RENT. Beginning on the Commencement Date and continuing for a period of one year thereafter ("Base Rental
Period"), Lessee shall pay PEC annual rent in the sum of $120 ("Base Rent"). After expiration of the Base Rental Period, PEC may
increase the amount of the Base Rent on an annual basis and from time to time during the Term of this Lease. PEC shall give Lessee
written notice of any increase in the Base Rent at least sixty (60) days prior to the effective date of any such increase (such Base Rent,
together with any increases in the amount of Base Rent during the Term, and any other sums owed or due to PEC hereunder,
collectively referred to herein as "Rent" or sometimes "rent"). The Base Rent is based on a minimum fee of $100.00 for the first 100
linear feet or portion of land along PEC's property boundary, plus $5.00 for each additional 10-foot increment, or portion thereof, in
excess of the first 100 linear feet. All Rent shall be paid in advance, without notice, demand, offset or deduction, on or before the 1"
day of July of each calendar year ("Rent Due Date") for the duration of the Term; provided however, that the first Rent payment shall
be due and payable on the 4th day of March, 2004. Lessee shall submit all Rent payments in immediately available U.S. funds to
PEC at the following address: Progress Energy Service Company, LLC, Lake Management PEB3A, P.O. Box 1551, Raleigh, N.C.
27602-1766, or as PEC may otherwise specify in writing to Lessee. If any Rent payment is not received by PEC within five (5) days
after the Rent Due Date, Lessee shall pay PEC, without notice or demand, a late payment fee of $15.00 or 5% of the unpaid Rent per
occurrence, whichever is greater, plus the Rent then due. Lessee shall pay PEC a $15.00 processing fee for each check of Lessee that
is returned by a financial institution because of insufficient funds or because Lessee did not have an account at the financial institution.
3. LEASE APPLICATION FEE/LEASE REINSTATEMENT FEE. Prior to entering this Lease, Lessee shall pay
PEC a $100.00 Lease Application Fee, which shall be non-refundable. A Lease Application Fee will not apply in the situation of the :`f`
renewal of a pre-existing lease. If PEC terminates this Lease for any reason, then upon request of Lessee, PEC may, in PEC's sole
discretion, reinstate the Lease upon teens and conditions approved by PEC. If this Lease is reinstated by PEC, Lessee shall pay PEC a
$500.00 Lease Reinstatement Fee, which shall be non-refundable.
4. NOTICE. Except as otherwise provided herein, all notices under this Lease shall be in writing and shall be
delivered to the other party by personal delivery, commercially recognized overnight courier service, or prepaid U.S. registered or
certified mail. return receipt requested. addressed as follows: if to PF,C;: PFC - Take Management 179 TiliPrv nnm Rn"A "t
Disturbance on Project Land [Walkways, Piers, Boathouses, Deck Areas, (Over Water
Only), Seawalls and Dredging], the Guidelines for the use of Leased Properties at Lake
Tillery and other Progress Energy procedures and requirements. I also agree that no work
will begin until I receive an Approval Form signed by Progress Energy.
Applicant's ignature Date
--? 0' D
Instructions for Application for Approval Form for Soil Disturbance on Project Land
(Walkways, Piers, Boathouses, Deck Areas (Over Water Only), Seawalls and Dredging
Instructions
To be considered for an Approval Form for Soil Disturbance on Project Land [Walkways,
Piers, Boathouses, Deck Areas (Over Water Only), Seawalls and Dredging], the property owner (or a duly authorized representative) must return to Progress Energy a fully
completed application, letters of concurrence from the appropriate agencies, and a check
made out to Progress Energy for the proper application fee. Please consult Progress Energy's
Shoreline Management Plan and the Guidelines for the Use ofLeased Properties at Lake
2-111ery for detailed information regarding Progress Energy procedures and requirements
governing activities in the reservoir, along the shoreline or on Company property within the
Project boundary (this information is available online at www.Proaress Eneruv com)
Progress Energy will sign and return to you the Approval Form for Soil Disturbance on
Project Laval After Progress Energy has reviewed the documents to ensure that the proposed
activity will be in compliance with the Shoreline Management Pl=, the Guidelines for the
Use ofLeased Properties at Lake Tillery and all the other applicable Progress Energy
policies, procedures and requirements. You (the adjoining property owner) may not
commence work until such time as you have received from Progress Energy the Approval
Form For Soil Disturbance on Project Land
Requirements
1. All facilities must be constructed in accordance with the Guidelines for the Use ofLeased
Properties at Lake Tillery. The Guidelines can be found in Progress Energy's Shoreline
Management Plan
2. All dredging must be done in accordance with the Guidelinesfor the Use ofLeased
Properties at Lake Tillery
3. All dredging and seawall construction must have prior written approval from the U. S.
Army Corps of Engineers and the North Carolina Division of Water Quality (NCDWQ).
For further information regarding these approvals, you should contact these agencies
directly at the following addresses:
3
Progress Energy t -as y # 1 00, lag)
Progress Energy Service Company, LLC
179 TILLERY DAM ROAD
MOUNT GILEAD, NC 27306
[phone]
APPLICATION FOR APPROVAL FORM FOR SOIL DISTURBANCE ON
PROJECT LAND
(Walkways. Piers. Boathouses. Deck Areas (Over Water Only) Seawalls and Dredging]
Print or type in all information below and return to Progress Energy Service Company,
LLC 179 Tillery Dam Road, Mount Gilead, NC 27306, [phone]
SECTION ONE - BACKGROUND INFORMATION (to be completed by the applicant)
1. Full Name (adjoining property owner): ; 1 • g3 S 4
2. Permanent Mailing Address: I SG u 1' 1 Fc R o a?nc?? /7R . I h1! aad n 7 p d 2,eP
3. Local Address (if different):
Ag 4,4AIP A/
Q4 !o diQ
a A/c
4. Telephone (Business): c - 7- (Permanent): 70 q- 4713'120 - 3 23a-
5. Fax No. and E-mail (optional . inn, _ `T 6'S 3 sz
6. Township:_ _/? A madal /C County: ?rarylV
7. Lot No.: l 0 Map No.: Part: Addition:
Section: Phase: Block:
Plat: i l6 Unit: Subdivision: ALVA
Plat Book and page number: pfd -f• if, s -
USGS Topo a chic uadrangie Max Badin. C. Morrow Mountain, NC. Mount Gilead
West. N Al%rl N Circle One That Applies)
8. Directions to prop , necessary show location on copy of copy of County road
map):
/Votiad 4) S
2. z
9. What is the designation of the shoreline of the area where soil disturbance is to take place
as shown in Progress Energy's ShorelineManagementPlan PA. va+*-, us t -? , 00
??f SC
SECTION TWO - INFORMATION FOR APPROVAL FORM FOR SOIL
DISTURBANCE ON PROJECT LAND (attach the following to the Uplication
1. Quadrangle map of the reservoir area where soil disturbance will take place - applicant
must attach a quadrangle map of the area of the reservoir' where soil disturbance is
proposed. The quadrangle map must clearly indicate the affected area.
A separate property map must show the following information:
cs?c 1 Vl L
.................................... ......................................................... Stanly County GIS
Parcel: 656402680601 - .w_ --_ ?... _ .. •• ••
Owner: MORGAN JAMES P Parcel Address: ARROWOOD DR
15638 ARROWOOD DR
NORWOOD NC 28128
Deed Book: 94 Pg: 444 Acres. 1.
Description: VAC ARROWOOD DR
343,9

548,290
1,665,674 Map Width=671' 1,666,345
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Location Map
DISCLAIMER: Any Information contained on this site is NOT to be construed or used as de facto.
Placement of map data shall under no circumstances be considered as a "legal description". ALL
information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should
be reported to the Stanly County Geographic Information Systems Division of the OSiicc of
Information Technology. In no event will Stanly County be liable for any damages, including loss of
data, lost profits, business interruption, loss of business information or other pecuniary loss that might
arise from the use of this map or the information it contains.
Page generated on 3/8/04 8:30:13 AIM
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..................... .
Stanly County GIS
- - .......................:
Parcel: 556402680601 Parcel Address: ??tRO`?; OOD DR
Owner: i%fOROAN JAMES P
15638 ARROWOOD DR
NORWOOD NC 28128
Deed Book: 94 Fig: 444 Acres: I.
Description: VAC ARROWOOD DR
548,9

548,290
1,665,674
......................
Location Map
DISCLADA R: Any Information contained on this site is NOT to be construed or used as de facto.
Placement ofmap data shall under no circumstances be considered as a "legal description". ALL
information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should
be reported to the Stanly County Geographic Information Systems Division of the Office of
Information Technology. In no event will Stanly County be liable for any damages, including loss of
data, lost profits, business interruption, loss of business information or other pecuniary loss that might
arise from the use of this map or the information it contains.
Page generated on 318/04 8:27:36 AM
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Dorothy B. & Philip S. Whitt
15645 Arrowood Drive
Norwood, NC 28128
Subject Property:
Dear Mr. & Whitt:
Morgan Hills, Lot#10
March 18, 2004
DWQ # 04-0389
Stanly County
40, 11 JSSN I On March 15, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding
your plan to fill wetlands or waters for the purpose of shoreline stabilization, boathouse in Stanly County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and
refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100
feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500.
Please show all water impacts including all fill slopes and bank stabilization on the site plan and
provide the area of fill within the normal pond elevation of the lake.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Program
JRD/bs
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
D
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), (httn://h2o.enr.state.nc.us/ncwetiandss)
Customer Service #: 1-877-623-6748
Sincerely,
03/24/2004 11:55 17049851352 AF&F QA/TECH SERVICE PAGE 01
AMERICAN RBER a FINfSHM, INC.
225 North Depot Street
Post Ofi4ce Box 2488
A lbem", NC 280171
Phone NUmbe' 800-451-2807
Fax Number: 704-985-1352
i
FAX COVER SHgET
i
MAR-24-2004 WED 11:25 TEL:[phone] NAME:DWQ-WETLANDS P. 1
U Lkvwd LJ Ropr yAmp El J y+ * Caamn PMOU rovlew For yaw l
03/24/2004 11:55 17049851352 AF&F QA/TECH SERVICE PAGE 02
"age 1 of 1
County GIS
Parcel: 656402680601
Parcel .-address: ARROWOOD DR
Owner: MORGAN JAMES P
15638 ARROWOOD DR
14ORWOOD NC 28128
Deed Book: 94 Pg: 444 Acres: I
Description: VAC ARROWOOD DR
$43,461

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Any lnfo.rn4on contained on thin site is NOT to be eoni
D1SCL ; trued or used
i ly N Placmmant ofmap data shat! unilq• no eimumstancoa be considered ass " as do facto. d t
bt` kgal i1mription". ALL
f : IafOlm dOtl is believed to be accurate but accuracy is not Suarartteo'lL Any e
p or om union
rr e s should
be r rW to the Starkly County G-SrAPhie Information Systems
Division Any of the t71 ce of
¢?. ? o?lY• no avert will Stately County be liable for any tlacuaga, including lots of
dfitA. lost
Profits, eneas interruption, loss of business information of other pecuniary loss that mijht
1 arise from the use of this map or tha irt[ormation it contains,
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«. , ..«., «.. «.,. , ..... Page gmeerated an 318104 8,30:13 411(
... ..... ...... -1-1-11.1 .......,,,. ,........ ....,..,'.._...«« „. «..,
MAR-24-2004 WED 11:25 TEL:[phone] NAME:DWQ-WETLANDS
t &")
f?

P. 2
DWO#.Oq-.03 - o L_ Date (0 Who Reviewed:
s
Plan Detail Incomplete
? Please provide a location map for the project.
viA 0R. ?
Please show ally impacts including all fill slopes, dissipaw , and bank stabilization on the site plan. a-,4 t? rrovt d e
Please show all wetland impacts including fill slopes on the site plan. d??a'` ?4k
? Please indicate all buffer impacts on the site plan. cc,, V0 VA_ Please indicate proposed lot layout as overlays on the site plan. r'
Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
Please locate any planned sewer lines on the site plan.
Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate' whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
F"l Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Dell Ray Investments
523 Soinerset Drive
Zebulon, NC 27597
DWQ# 04-0389 - Wake
2. Article Number
(rhmsfer from service
004 4 .-_,..:
7004
A Signature
X
C 13 Agent
? Addresse
$; R /_lved bri d Name) C*-/<I of Deliver.
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
I Service Type
Certified Mail ? Express Mail'
Registered Retum Receipt for Merchandis
? Insured Mail EC.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
510 0006 3351 675?
UNITED STATES POSTAL SERVICE First-Class Mail
Po tp &or Paid
i??:i?u. ti3 t F"tS?a ?t
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, suite 250
Raleigh, NC 27604

. Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X ? 0 Agent.
¦ Print your name and address on the reverse E?Addresm
so that we can return the card to you. B. Received by rlnted Name) C. ate of Deliven
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery add 1? ? des
I, Article Addressed to If YES, enter O No

Dorothy B. & Philip S. Whitt MAR 2 2004
15645 Arrowood Drive
Norwood, NC 28128 3. Service type
DWQ# 04-0389 - Starily p certfiea m o 2M''
?
Registered
r` Merchandise
--- °-- -- -J O Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
>. Article Number ---- -- - --- -------
(rransfecfiom seryica "0 : 7002 2 412 0003 ---
0275 4 629
"nl..`i.$1 , August ^z001 s iD'o?nestic Return Receipt 102595-V
UNITED STATES' POSTAL SERVICE (3?7 t /?? I5{.GJ ?Q?i1
,d am PostagA Des=Pal.
y P M
?. Pze it . oa.
Sender: Please print you arm ress, and z
II NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
j Raleigh, NC 27604
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