20021294 Ver 1_COMPLETE FILE_20020815

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August 15, 2002
Iredell County
DWQ Project #: 02-1294
Project Name:
Dicey Fabrics-
Temporary Dam
APPROVAL OF 401 QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Mr. Richard Yount
Dicey Fabrics, Inc.
P.O. Box 1090
Shelby, NC 28151
Dear Mr. Yount:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact about 325 linear feet of stream (about 25 feet filled [ 0.002 acres temporarily filled]
and about 300 feet flooded) for the construction of a temporary dam on the First Broad River in order
to raise the water level in the First Broad River in order to submerge the existing water intake for the
Dicey Fabric mill at the end of Neisler Street in the City of Shelby, as you described in your
application dated August 15, 2002 (received August 15, 2002). After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3362. This
certification allows you to use Nationwide Permit Number 18 when the U.S. Army 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, and
Non-Discharge regulations. This approval will expire when the accompanying 404 Permit
expires unless otherwise specified in the General Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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 special or site-specific conditions
listed below.
SPECIAL CONDITIONS:
1. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
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.
2. If you change your project, you must notify us in writing and you may be required to send us a
new application.

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
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
3. If total wetland fills for this project (now or in the future) exceed one acre or permanent stream
impacts exceed 150 linear feet, then compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7).
SITE-SPECIFIC CONDITIONS:
1. The conceptual design must be approved in writing by this Office in writing before construction begins.
As-built plans must be provided upon completion of the structure. This plan must address a minimum
release of water in order to protect downstream aquatic life and water quality standards in the First
Broad River as much as practicable. This plan must include plans for temporary restoration and
stabilization of the river bank which will be disturbed by this construction.
2. A maintenance plan must be developed and approved in writing by this Office within 30 days of
completion of the structure. The maintenance plan may be adjusted with written approval from this
Office. This plan may include excavation of the stream bed immediately adjacent to the intake if a) this
excavation is allowed by the US Army Corps of Engineers and b) any material is disposed of properly
on high ground at least 50 feet from any stream channel.
3. Dicey Fabrics shall provide a removal and restoration plan (which includes planting of woody
vegetation) for the in-stream structure as well as the river-bank vegetation at the First Broad River
site within 90 days of the issuance of this Certifications for written approval by this Office. The
dam shall be removed and the site restored by January 1, 2003 unless otherwise requested in
writing by Dicey Fabrics and approved in writing by DWQ. Dicey Fabrics shall remove the
structure and restore the area that was impacted by the structure according to the approved plan.
4. Withdrawal by Dicey Fabrics shall not exceed the average withdrawal by the mill that has
occurred in the past 12 months.
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. 27611-7447. 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 919-733-1786 or Mike Parker
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
Attachments:
General Water Quality Certification
Certificate of Completion
Klimek, P.E.
cc: Steve Chapin, US Army Corps of Engineers Asheville Field Office
Mike Parker, Mooresville DWQ Regional Office
File copy
Central Files
Woody Yount, Division of Water Resources
Ron Linville, Wildlife Resources Commission
08/15/2002 11:03 7044821972 DICEY FABRICS INC PAGE 01
"r
DICEY FABRICS, INC.
P. O. Box 1090
430 NeMkr St.
Shdby, NC 33151
FAX COYER sum
Fax Number: [phone]
Phone Number: [phone]
DATE: 08/15M2
AT1 ENTIONs John Dorney
FROM: RiebaM Yount
NO OF RAGES: 2
RE: Additional information on dam for `Temporary Dicey DW' project.
08/15/2002 11:03 7044821972 DICEY FABRICS INC PAGE 02
Attachment for Natiomyide Permit #19
A dam 25 feet log & 3 feet high and 3 % feet wide wdl be constntated by Jock Kennedy of
Kamwdy Concrete dt Utilities Inc. it will be constructed with 2 omm to buflem that am 10 feet
long, 3 feet bigk and 2 feet wide and rocks covered with polyethylene liner. This WW take
appcaxunately 9.722 cubic yatds of mstaial.

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Thursday, August 15, 2002
SENDING CONFIRMATION
DATE AUG-15-2002 THU 10:52
NAME DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 0/4
START TIME : AUG-15 10:51
ELAPSED TIME : 006001,
MODE : ECM
RESULTS : NO ANSWER
FIRST PAGE OF RECENT DOCUMENT FAILED TO SEND FULLY...
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Division of Water Quality
Department of Environmental and Natural Resources
WetlancW401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27609-2260
Mailing Address; 1650 Mail Service Center
Raleigh, NC 27699-1650
ntact lifer
C tlon: Yhod6 0: 919-733-1786
Pax M: 919.733-6893
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AN
DICEY FABRICS, INC.
P. O. Bo: 1090
430 Neb br SL
Sbdby, NC 28151
FAX-CQUR SEW
Fax Number. [phone]
Phone Number. (704) 4876324
DATE: 08/15M2
ATTENTION: Jobe Dorney
FROM: Richard Yount
NO OF PAGES: 15
401

E2AW-1,50
WETLANDS GROUP
?_ Wti1E(. U,"L(TY S!_CT(0?I
RE: Application for Nationwide perni t #19,
Also is a copy of a check for $240.00 that will be mailed this afternoon.
TO 39vi
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Office Use Only,
USACE Action ID No.
(if any particl
1. Processing
II.
Form Version May 2002
DW No.
is not applicable to this project, please enter "Not Applicable" or "N/.
1. Chic all of the approval(s) requested for this pro'ect:
'Section 404 Permit Riparian or Watershed Buffer Rules
Lid Section 10 Permit Isolated Wetland Permit from DWQ
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: []
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
Owner/Applicant Information
Name: Dicey Mills Inc.
Mailing Address: PO Box - 10 90 -
Se yNC28 1
Telephone Number: 704-487-§324 1~ax Number: 704-482-1972
E-mail Address:
2. ' Agent/Consultant 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: Richard Yount
Company Affiliation: Health safory_pirector T?
Mailing Address: PO Box 1090
Shelby NC 28151
- I ...
t
Telephone Number: 704-4B2-632A Fax Number: A n a- 4 g_,
E-mail Address: r ount shelb n
Page 5 of 12
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III. project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and MRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
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; Tema r r y_. Dam
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax P1N): Ma 6-85
Block ] Lot-
4. Location
County: Nearest Town: Shelby
Subdivision name (include phase/lot number): NA _
Directions to site (include road numbers, landmarks, etc.): Hwy . 74 bu _ pm n g sz
Shelby to Neisler Street besidg of D4ys Inn Mofsl_ We a are
the en o eisler Street on right.
51 Site coordinates, if available (UTM or Lat/Long). 35 - 17-34N / R I _ I9 - n .a w
(Note -- If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake): Virst Brnart R; ucar
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc.us/admin/mans/.)
9., Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Attached
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I
10. Describe the overall project in detail, including the type of equipment to be used--
See AttaChed
11. Explain the purpose of the proposed work;--- See Attached
IV. 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 USACE 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. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
acid provide justification for the exclusion of this work from the current application.
See. At tttche3d
VI. 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 dilineatt'on 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
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1. Provide a written description of the proposed impacts: See Attached
2. Individually list wetland impacts below: NA
letland Impact Area of Located within Distance to
Site Number Type of Impact* Impact Io0-year Floodplain** Nearest Stream Type of Wetland
'••
dicate on maul lacrVal fume/"" rl:.._a. c %
• List each impact separately and identify temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
•• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplsin maps. Maps are available through the FEMA Map Service Center at I-800.358.9616, or
online at t /!
••' List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
StreamAmpact Length of Average Width Perennial or
5itc Number Type of Impact' Impact Stream Name" of Stream Intermittent?
' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip'rap, crib wall, gabions, etc.), excavation, ditchinestraightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocate[ streams must be included.
Stream 'names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nesrc9t
downstream named stream Into which it flows. USGS traps arc available through the USGS at 1-800-3584616, or online at
j3jm=g .rrov. &metal intemet sites also -allow direct download and printing of USGS maps (e.g., MoMtonozone.com,
ac.).
Cumulative impacts (linear distance in feet) to all streams on site: 25 Ft
Page 8 of 12
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4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below: NA
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
aCres Name of Waterbody
(;f applicable) Type of Waterbody
(lake, pond, estuary, sound,
be occan etc.

List each jmpact separately and identify temporary impacts. Impacts include, but are not limited to: All, excavation, dredging,
flooding, drainage, bulkhads, etc.
Pond Creation NA
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/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 topography, building ordinances, accessibility, and
financial viability of the 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.
See Attached
VIII. 1V1Xitigation
DWQ - In accoriiance 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
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USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
bM://h2,Q,enr.state.nc.us/ncwctlanostrmizidc.htmL
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at httn://h2o.enr.state.nc iWwrro index htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):__ NA
Amount of buffer mitigation requested (square feet). NA
Amount okiparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): Nn
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EX Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federallstate) fluids or the use of public
(federal/state land?
Yes [] No
if yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes © No 0
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 ? No ?
X. Proposed Impacts on Riparian and Watersbed Butlers (required by DWQ) NA
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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Suppl Buffer Requrrementi), or other (please identify )?
Yes No ? 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• Impact Multiplier Required
fat
pa Mitigation
1 3 -

Total
Zone t extends out 30 feet perpendicular &orn near bank of channel, Tone 2 extends in
edditio%A 20 feet from the edge of Zone 1.
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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 or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
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.
We.:have a stpr
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
To City of Shelby
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No 2
Is this an after-the-fact permit placation?
Yes [] No permit
XIV. 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 may
,choose 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).
NA
- -c)-2-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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August 15, 2002

I,David C. Neisle; authorize Richard G. Yount to act as the agent for Dicey Mills, Inc. with
signatory authority in reference to Nationwide Permit Application #18, "Temporary Dicey Dam"
project.
RL4 e- ,
David C. Neisler
5ecretary,Dicey Mills, Inc.
P. O. BOX 1090 / SHELBY. NORTH CAROLINA 28151-1090 / TELEPHONE [phone] / FAX [phone]
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Attachment for Nationwide Permit #18
III: Project Information
9: A general description of the site and general use of land in the area are as follows. The area is
moldy wooded with some pasture land in a very low river bed.
lo: We will use a front end loader and manual labor to construct a temporary dam of 10 cubic
yards or less. This dam should pool enough water from the First Broad River to get our intake
pipe back in the water.
11: The purpose of the proposed work is as follows. To obtain enough water to run our
upholstery manufacturing plant without putting any more strain on the City of Shelby's water
system. Our intake pipe is curtly 65 to 75 percent out of water.
V; Future Project Plans
To remove temporary dam by December 25, 2002 or when the rivet level has increased enough
that it is no longer needed. When dam is removed all material will be removed from the river
completely and river bank will be restored with woody vegetation.
VI: Proposed Impacts to Waters of the United States / Waters of the State
1: The impact of this darn should not impact the river channel any more than it has already been
impacted by the four year drought the area is currently in, We are not proposing to take any more
water ftom the river than we have in the past. Through business conditions and recycling efforts
we anticipate taking less from the river than we have in the past. Brushy Crack feeds, the First
Broad River approximately 0. S miles below our intake point.
VII: Impact Justification
No other source of water other than the City of Shelby's system which is severely strained at this
time.
Thursday, August 15, 2002
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DATE: 08/13/02
A7TENTIOIV.
John Dorsey
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January 22, 2003
MEMO
To: Mike Parker, MRO
FROM: John Dome DU""*
RE: Request froTmiceyy Fabrics to retain temporary dam in First Broad River
DWQ # 02-1294
Cleveland County
Please see the attached letter from Mr. Richard Yount with Dicey Fabrics in Shelby as well as the 401
Certification that we issued on August 15, 2002. Mr. Yount has requested to retain the dam rather than
remove it as required in the Certification. Please visit the site with Mr. Yount to make this decision. If you
need Todd St. John to assist with respect to downstream channel stability or sediment-transport issues, please
contact Todd directly.
Thankx.
Cc: Todd St. John
Richard Yount, Dicey Fabrics
NMENR
N. C. Division of Water 401 Wetlands
Quality, 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
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
1
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DICEY
December 16, 2002
Mr. John Dorney
N. C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27604-1650
Reference: DWQ Project #: 02-1294
a,
2 3 Pnn,
w-'LANDS GROUP
WATAR UALIa SECTION
Dicey Fabrics Temporary Dam
Dear Mr. Dorney,
Our permit states that we should have the dam removed and river bank restored by
January i, 2003. We would like to leave this dam in the First Broad river longer if possible.
Preferable as a p,=anent structure.
Even with the recent rains Shelby is still considered to be in a drought. An evening of
searching the Internet indicates that next Summer and Fall will, at best, have average rain fall in
this area. We understand that long range forecasting is not an exact science. However we feel that
it is the best information we have for our request.
Our concern is that if we pull the dam now it may have to be replaced again in the
Summer of 2003. If the dam is pulled and has to be replaced we believe we would do more
damage to the environment than if it were left in the river. Currently the dam is under water and
there are no known problems.
You may contact either Richard or Maynard at 704-487-6324 with any questions or
concerns.
Richard G. Yount
Health and Safety Director
Dicey Mills Inc.
Maynard Ledford
Plant 7-Mn?r
Dicey Mills Inc.
4 14-
P O. BOX 1090 / SHELBY. NORTH CAROI INA 28151-1090 / TELEPHONE [phone] / FAX [phone]
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax [phone]
Fax To: qO wVj- Fax
'?i Com an C ?- Date: 0o,
P y: - N EL
Number of pages incRiding cover sheet:
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

Office Use Only: Form Version May 2002
USACE Action-ID-No. DWQ No. o 2 2 9
(if any particular item is not applicable to this project, please enter "Not Applicable" or "NLA" --
fit I'4 fI %i;
1. Processing j
g M09
1. Cheek all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer-Bu" _ _...n_._.
? Soction 10 Permit ? Isolated Wetland Permit;frAi`1J
401 Water Quality Certification
2. Nati_onw_ del Regional or General Permit Number(s) Requested: 18
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Dicey Mills Inc.
Mailing Address: PO Box 1090
Shelby NC 28151
Telephone Number: 7 0 4- 4 8 7- 6 3 2 4 Fax Number: 704-482-1972
E-mail Address:
2. Agent/Consultant 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: Richard Yount
Company Affiliation: Health & Safety Director
Mailing Address: PO Box 1090
Shelby NC 28151
1 '
y -
Telephone Number: 704-487-6324 Fax Number: 7n4_4 g 2_ i o v
E-mail Address:[e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
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 property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
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: Temoprary Dicey Dam
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): Map 6- 85 Block 1 Lot
4. Location
County: Cleveland Nearest Town: Shelby
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Hwy _4 hV=Pass 1009,t of
Shelby to Neisler Street beside of Da
the en of Neisler Street on right.
5; Site coordinates, if available (UTM or Lat/Long): 3 5 -17-34N / 81-34-0-3 w
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 21.98
7. Nearest body of water (stream/river/sound/ocean/lake): First Broad R i -,TPr
8. River Basin: Rrr,ad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9... Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of tlhis application: See Attached
Page 6 of 12
i
10. Describe the overall project in detail, including the type of equipment to be used:
See Attached
11. Explain the purpose of the proposed work: See Attached
IV. 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 USACE 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. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
atdd provide justification for the exclusion of this work from the current application.
See Attached
VI. 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
Provide a written description of the proposed impacts:
See Attached
2. Individually list wetland impacts below: NA
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www,fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Streamdmpact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
Fill 20 ft PL-rennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream Into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several it temet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 25 Ft
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: NA
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation NA
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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/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 topography, building ordinances, accessibility, and
financial viability of the 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.
See Attached
VIII. Mitigation
I '
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 Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
NA
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer, mitigation requested (square feet): NA
Amount o? Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federal/state) land?
Yes ? No Er
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
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 ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
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 Supply Buffer Requirements), or other (please identify )?
Yes ? No ? 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* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additionall 20 feet t'rom the edge of Zone 1.
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 or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
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.
We have a stormwater Permit
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
To City of Shelby Waste Treatmpnt Pi Ap,t
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit plication?
Yes ? No y '
XIV. 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 may
choose 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).
NA

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Attachment for Nationwide Permit #18
III: Project Information
9: A general description of the site and general use of land in the area are as follows. The area is
mostly wooded with some pasture land in a very low river bed.
10: We will use a front end loader and manual labor to construct a temporary dam of 10 cubic
yards or less. This dam should pool enough water from the First Broad River to get our intake
pipe back in the water.
11: The purpose of the proposed work is as follows. To obtain enough water to run our
upholstery manufacturing plant without putting any more strain on the City of Shelby's water
system. Our intake pipe is currently 65 to 75 percent out of water.
V: Future Project Plans
To remove temporary dam by December 25, 2002 or when the river level has increased enough
that it is no longer needed. When dam is removed all material will be removed from the river
completely and river bank will be restored with woody vegetation.
VI: Proposed Impacts to Waters of the United States / Waters of the State
1: The impact of this dam should not impact the river channel any more than it has already been
impacted by the four year drought the area is currently in. We are not proposing to take any more
water from the river than we have in the past. Through business conditions and recycling efforts
we anticipate taking less from the river than we have in the past. Brushy Creek feeds the First
Broad River approximately 0.5 miles below our intake point.
VII: Impact Justification
No other source of water other than the City of Shelby's system which is severely strained at this
time.
Thursday, August 15, 2002
GOP RATE / / i
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August 15, 2002
I,David C. Neisler, authorize Richard G. Yount to act as the agent for Dicey Mills, inc. with
signatory authority in reference to Nationwide Permit Application #18, "Temporary Dicey Dam"
project.
David C. Neisler
Secretary,Dicey Mills, Inc.
P. O. BOX 1090 / SHELBY, NORTH CAROLINA 28151-1090 / TFLFPHONF [phone] / FAX [phone]

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Attachment for Nationwide Permit # 18
A dam 25 feet long, 3 feet high and 3 '/z feet wide will be constructed by Jack Kennedy of
Kennedy Concrete & Utilities Inc. It will be constructed with 2 concrete barriers that are 10 feet
long, 3 feet high, and 2 feet wide and rocks covered with polyethylene liner. This will take
approximately 9.722 cubic yards of material.

Eon
Kez'nedy Conc rate
& Utiltes Inc. a
2106 Cedar ?4 R?CA•S
JACK
Shed Circle Drive by, N Res./ONlce: (704 -C• 2815 Mobile:
KENNEDY y
) 482- 2 913-1291
Fax: [phone] JOHN KE
Mobile: 913-129Y
Thursday, August 15, 2002
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