19870435 Ver 1_COMPLETE FILE_19880111

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
January 11, 1988

Mr. Lewis Vincent, Sec-Treas.
Northampton Subdividers, Inc.
P.O. Drawer E
Gaston, NC 27832
Subject: Proposed Dredging
Lake Gaston
Northampton County
Dear Mr. Vincent:
R. Paul Wilms
Director
After reviewing your plans for dredging in Dogwood
Branch area of Lake Gaston, I am of the opinion that your
project will not involve any fill to be placed in the waters
or adjacent wetland areas. Therefore, you are not required
to have a Section 401 Water Quality Certification for this
activity. Should you plan to fill below the water level,
please contact me to determine whether a General Water
Certification can be used for that fill.
Sincerely,
Original Signed By
William C C. Mills
Environmental Engineer
WCM/dkb
Pollution Prevention Pays
PO Box 27687, Raleigh, North Carolina 27611-7687 -Telephone [phone]
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t?J0F;ZTHAMFes'TiQ" !S 1 1E3 E> I " I E>EFR? I t? C1
DRAWER E.
GASTON, NORTH CAROLINA 27832
DECEMBER 9, 1987
MR. WILLIAM C. MILLS
N.C. DEPARTMENT OF NATURAL RESOURCES AND DEVELOPMENT
512 NORTH SALISBURY STREET
RALEIGH, NORTH CAROLINA 27611-7687
DEAR MR. MILLS.
WE ARE IN THE PROCESS OF CLEARING SOME SHORELINE IN PREPARING
TO DO SOME DREDGING ON LAKE GASTON WHILE THE LAKE LEVEL IS LOW THIS WINTER.
WE HAVE BEEN ISSUED A PERMIT TO DO THE DREDGING BY JOE PETERSON
OF NORTH CAROLINA POWER. HE HAS INDICATED WE NEED A 401 CERTIFICATE.
PLEASE BEND US THE NECESSARY FORMS AND INFORMATION TO ACQUIRE THIS
CERTIFICATE AT YOUR EARLIEST CONVIENCE. A
LY
LEWIS VINCENT
SEC-TREASURER
r "URTHoniMP7F0N SUBDIVIDERS, I "c .
P. 0. DRAWER E
GASTON, NORTH CAROLINA 27832
JANUARY 5, 1988
RECEIVED
J AN 6 11988
VVA h_ t QUALITY SECTION
GPERA7IONS BRANCH
MR. WILLIAM G. MILLS
N.C. DEPARTMENT OF NATURAL RESOURCES AND DEVELOPMENT
512 NO. SALISBURY STREET
RALEIGH, N. C. 27611-7687
DEAR MR. MILLS:
I AM ENCLOSING THE DOCUMENTS YOU REQUESTED DURING YOUR CONVERSATION THIS
AFTERNOON WITH HENRY MONCURE. THE LAKE LEVEL IS LOW DUE TO THE "DRAW DOWN" AND
WE ARE ANXIOUS TO GET STARTED DREDGING TO TAKE ADVANTAGE OF THE SITUATION.
YOUR PROMPT CONSIDERATION WILL BE GREATLY APPRECIATED.
ZR TRU )"IYOURS,
F
LEWIS VINCENT
SEC-TREASURER
if
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 23, 1987
IN MCYLT Htf-tm IV
Regulatory Branch
SUBJECT: General Permit No. SAWC082-N-000-0030
Mr. G. C. Warren
Northampton Subdividers
Post Office Drawer E
Gaston, North Carolina 27832
Dear Mr. Warren:
Through coordination with Virginia Electric and Power Company
we have learned of your plans to excavate an area in Lake Gaston
adjacent your property, Lots Nos. 4 through 34, Dogwood Branch,
Northampton County, North Carolina.
On January 1, 1987, we renewed general permit No. SAWC082-N-
000-0030 (enclosed) that authorizes construction activities in
waters of lakes and reservoirs in the State_of North Carolina,
owned, operated, and/or regulated by public utility companies
under license from the Federal Power Commission/Federal Energy
Regulatory Commission (FERC) and all lakes or reservoirs in the
State of North Carolina owned and operated by the Tennessee Valley
Authority (TVA).
Your proposed work is authorized if you can comply with all
permit conditions. Please read the enclosed permit to prevent an
unintentional violation of Federal law. As this Department of the
Army general permit does not relieve you of the responsibility to
obtain any other required approvals, you should contact
appropriate State and local agencies before beginning work.
If you have questions, contact Mr. Ken Jolly, Regulatory
Branch, telephone [phone].
Enclosure
Sincerely,
ha 1 s W. llis
C iL4tt
hie., Regulatory Branch
O
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Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. Ann Miller
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. Joseph A. Peterson
Reservoir Supervisor
North Carolina Power
Post Office Box 370
Roanoke Rapids, North Carolina 27870

O

Application No.: SAWCO82-N-000-0030
Name of Applicant: General Public
Effective Date: January 1, 1987
Expiration Date: December 31, 1991
DEPARTMENT OF THE ARMY
GENERAL PERMIT _
A general permit, issued October 14, 1982, to perform work in or
affecting navigable waters and waters of the United States upon
the recommendation of the Chief of Engineers, pursuant"to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403)
and to Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby renewed and modified by authority of the Secretary of the
Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN
LAKES AND RESERVOIRS, IN THE STATE OF NORTH CAROLINA, OWNED,
OPERATED AND/OR REGULATED BY PUBLIC UTILITY COMPANIES UNDER
LICENSE FROM THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) AND
ALL LAKES OR RESERVOIRS IN THE STATE OF NORTH CAROLINA OWNED AND
OPERATED BY THE TENNESSEE VALLEY AUTHORITY (TVA).
Activities and work authorized are: (1) construction of boat
docks and shelters, boathouses and ramps.,using materials commonly
acceptable for such construction such as pressure treated lumber,
creosoted pilings, concrete and normally acceptable, unsinkable
flotation materials; (2) excavation of boat basins and
canals/channels for recreational boating; (3) construction and
backfill of bulkheads and placement of riprap material along
eroding shorelines for shoreline stabilization and erosion
control; (4) installation of submerged and aerial utility lines
where U.S. Coast Guard requirements for aerial lines are met and
pre-project contours are restored; and (5) construction of water
intake and waste water discharge structures where other State and
Federal agencies' requirements are met.
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These lakes and reservoirs were constructed and exist primarily
for the purposes of generating and producing hydroelectric power.
They were constructed and operate under laws and regulations
administered by FERC and TVA. Activities within these waters are
the primary concern of, and should be regulated by, those parties.
This general permit applies to all waters on or within lands owned
or under flowage easement to public utility companies or TVA.
1. Special Conditions.
a. All floating structures will be supported by flotation
material which will not waterlog or sink when punctured.
b. Construction and backf.ill of bulkheads and the placement
of riprap material along shorelines must reach no farther
waterward than 10 feet or an average of 5 feet from the normal
high pool elevation contour and must extend no more than 500 feet
along a shoreline.
c. Not more than an average of one cubic yard of fill
material per running foot of shoreline will be placed within
waters of the United States.
d. All backfill material will be obtained from an upland
source and confined landward of the permitted bulkhead.
e. All fill material, including riprap material, will be
clean and free of any pollutants except in trace quantities.
Metal products, organic materials or unsightly debris will not be
used.
f. All excavated material will be placed landward of the
normal high pool elevation contour and confined by adequate dikes
or other retaining structures to prevent erosion and
sedimentation.
g. The temporary placement or double-handling of excavated or
fill material waterward of the normal high pool elevation is not
authorized.

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h. The minimum clearance for aerial power transmission lines
will be governed by the system voltage as shown below:
oe Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
115 and below 20•-
138 22
161 24
230 26
3 50 30
500 35
700 42
750-765 45
Clearances are based on the low point of the line under conditions
which produce the maximum sag considering temperature, load, wind,
length, span and type of supports. Clearances for communication
lines, stream gaging cables, ferry cables and other aerial
crossings will be a minimum of 10 feet above clearances required
for bridges.
h. If an easement to fill or cross State or utility company
bottoms is required by the North Carolina Department of
Administration, State Property Office, or the reservoir utility
company, such easement must be obtained prior to proceeding with
work authorized by this general permit.
I. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of this
general permit. The permittee is not relieved of this requirement
if he abandons the permitted activity without having it
transferred to another party.
2. General Conditions.
a. All activities authorized by this general permit that will
involve the placement of dredged or fill material into"waters of
the United States shall be consistent with applicable water
quality standards, effluent limitations, and standards of
performance, prohibitions, pre-treatment standards, and management
practices established pursuant to the Clean Water Act (33 U.S.C.
1413), and pursuant to applicable State and local law. To assure
preservation of water quality, before any work is authorized by
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this general permit, an applicant, if required to do so, must
apply for and obtain a Water Quality Certification from the North
Carolina Division of Environmental Managment in accordance with
Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation _
or the right of the public to riparian access by the existence or
use of the activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the
Wilmington District Engineer of failure to comply with the terms
and conditions of this general permit, shall, within 60 days,
without expense to the U.S. Government, and in such manner as the
Wilmington District Engineer may direct, effect compliance with
the terms and conditions or return the worksite to a pre-work
condition.
d. The permittee must make every reasonable effort to perform
the work authorized herein in a manner so as to minimize any
adverse impact on fish, wildlife and natural environmental values.
e. The permittee must perform the work authorized herein in a
manner so as to minimize any degradation of water quality. The
activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction
or construction-related discharge. Increases such that the
turbidity in the waterbody is SO NTU's or less are not considered
significant.
E. The permittee shall permit'the Wilmington District
Engineer or his representative to make periodic inspections at any
time deemed necessary in order to assure that the activity is
being performed in strict accordance with the Special and General
Conditions of this general permit.
g. This general permit does not convey any rights, either in
real estate or material, or any exclusive privileges; and it does
not authorize any injury to property or invasion of rights or any
infringement of Federal, Stateor local laws or regulations, nor
does it obviate the requirement',to obtain State or local assent
required by law for the activity authorized herein.
h. Authorization provided by this general permit may be
either modified, suspended, or revoked in whole or in part if the
Wilmington District Engineer, acting on behalf of the Secretary of
-5-
the Army, determines that such action would be in the best public
interest. Unless subject to modification, suspension, or
revocation, the term of this general permit shall be 5 years. Any
modification, suspension, or revocation of authorization shall not
be the basis for any clair:. for damages against the U.S.
Government.
i. This general permit does not authorize the interference
with any existing or proposed Federal project and the permittee
shall not be entitled to compensation for damages or injury to the
structures or work authorized herein which may be caused by or
result from existing or future operations undertaken by the United
States in the public interest.
J. This general permit will not be applicable to proposed
construction when the Wilmington': District Engineer believes that
authorization may be warrented but that the proposed activity
would significantly affect the quality of the human environment
and determines that an Environmental Impact Statement (EIS) must
be prepared.
k. This general permit will not be applicable to proposed
construction when the Wilmington District Engineer determines,
after any necessary investigations, that the proposed activity
would adversely affect areas which possess historic, cultural,
scenic, conservation, or recreational values. Application of this
exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic
Rivers Act (15 U.S.C. 1273), those proposed for inclusion as
provided by Sections 4 and 5 of the Act, and wild, scenic, and
recreational rivers established by State and local entities.
(2) Historic, cultural;, or archeological sites listed in
or eligible for inclusion in the National Register of Historic
Places as defined in the National Historic Preservation Act of
1966 and Its codified regulations and in the National Historic
Preservation Amendment Act of 1980.
(3) Sites included in or determined eligible for listing
in the'<.National Registry of Natural Landmarks.
(4) Endangered of threatened species or habitat of such
species as determined by the Secretaries of Interior or Commerce
and conserved in accordance with the Endangered Specieis Act (16
U.S.C. 1531).
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At his discretion, at any time during the processing
cycle, the Wilmington District Engineer, may determine that this
general permit will not be appliable to'a specific construction
proposal. In such case, the procedure for processing an
individual permit in accordance with 33 CFR 325 will be available.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
?PA W. WOODBURY
Colonel, Corps of Engineers
District Engineer
N,,o b,'A,//,/,/v
November 24, 1987
Mr. G. C. Warren
Northampton Subdividers, Inc.
Drawer E
Gaston, North Carolina 27832
Dear Mr. Warren:
cold
NORTH CAROLINA
POWER
In reference to your recent request, enclosed are three
copies of our Construction and Use Agreement which gives you
our permission to dredge along the shoreline of Lake Gaston,
adjacent to your property at Dogwood Branch in Northampton
County after the agreements are properly signed by both you
and the company.
If the agreements meet with your approval, please sign each
copy on the line opposite the red check mark and return them
to me in the enclosed self-addressed envelope. In returning
the agreements it will be necessary that you enclose three
copies of a drawing of your property. This drawing should
indicate the dimensions of the area to be dredged, typical
cross section, vicinity map, spoil storage area and the
relationship to your land and shoreline. Also, include on the
drawing the name of your development and lot number along
with the names of your adjoining property owners. (See the
sample drawing attached).
After your plan has been approved by this office the
agreements will be signed by the company and one fully
executed copy shall be returned to you for your records.
If you have any questions concerning the agreements, please
do not hesitate to call me.
Yours truly,
Joseph A. Peterson
Supervisor-Reservoir
JAP/ca

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NORTH CAROL/NA POWER
I'API''l_I_ #N-22
Imf;Wiinl) IMANI'II
LOTS 4 thru 34
VIRGINIA ELECTRIC AND POWER COMPANY, RICHMOND, VIRGINIA 23261
November 23, 1987
Date
CONSTRUCTION AND USE AGREEMENT O
You have requested that Virginia Electric and Power Company (Compan ag ee your
construction and use of dredging (herein called facility) ompany-
owned land in _ Northampton County, Xb4" MKa/North Carolina, at the
location shown in red on the attached print. The Company hereby agrees to your request, pro-
vided such construction and use is in accordance with the following conditions:
1. You shall construct such facility substantially in accordance with the attached sketch and
in such manner as not to interfere with the use of the reservoir by your neighbors or others.
2. You shall construct such facility between property lines extended into the water and
generally at right angles to the shoreline.
3. You shall give at least five days advance notice to the Reservoir Supervisor, or his desig-
nated representative, prior to commencing construction of this facility.
4. You shall not use this facility for human habitation.
5. All work performed on Company property under this agreement shall be at your sole cost
and expense.
6. You shall not place earth or debris on Company land and you shall remove from Company
land all trees, limbs, stumps, brush or other debris which may be cut, removed, or transported to
the site in connection with work to be performed by you.
7. You shall not permit any nuisance on Company property nor permit an unsightly structure
to be placed or maintained on Company property during or following the performance of any
work or use authorized pursuant to this agreement.
8. The work to be performed by you shall comply with all applicable Federal, State or local
laws, ordinances, or regulations. Specifically, you shall obtain all necessary permits for any work
performed pursuant to this agreement.*
* Upon your request I can provide you with the names and addresses of certain governmental
agencies from whom you must obtain permits before commencing work on this project. This
list is for your convenience only, and does not constitute an opinion by the Company as to the
full range of regulatory permits required for the construction and use of the facility.

9. This agreement shall not constitute an interest in Company property and the activity
,./herein agreed to shall not in any way interfere with the Company's lawful operation of its Reser-
voir and Power Station, including flooding Company land and maintaining the reservoir in a
manner consistent with all rights and privileges conferred upon the Company. To the extent that
any alteration of Company property, including the erection of a structure thereon, is determined
by the Company to be inconsistent with the safe and efficient operation of the Reservoir and the
Power Station, you shall restore such property to its original condition, or remove such structures
when requested to do so, and at your own cost and expense.
10. All structures erected by you on Company property shall constitute structures appurtenant
to your real property. You shall be exclusively responisble for their maintenance, proper repair
and upkeep.
11. The structure constructed pursuant to this agreement, shall not be sold separate from the
real property to which it is appurtenant. In the event your property is sold, the purchaser shall
assume in writing, all conditions and responsiblities of this agreement. In the event a subsequent
purchaser should not accept the terms of this agreement, the Company may elect to remove any
structure erected pursuant to this agreement, and/or restore Company property to its approxi-
mate original condition at your expense.
12. The slopes of any area to be excavated by you or any excavation or dredging activity
undertaken pursuant to this agreement shall comply with the applicable Standards, Criteria and
Guidelines published in the Virginia Erosion and Sediment Control Handbook, under the author-
ity of the Virginia Soil and Water Conservation Commission or Rules and Regulations for Erosion
and Sedimentation Control required by the North Carolina Sedimentation Pollution Control Act
of 1973 which is administered by the Division of Environmental Management, North Carolina
Department of Natural and Economic Resources.
13. You hereby agree to indemnify and save harmless the Company, its officers, agents and
employees from any and all claims, demands, actions, causes of action, injury or death to persons
or damages to property arising out of or resulting directly or indirectly from any action taken by
you, your agents, employees or contractors (including presence upon Company property) pur-
suant to this agreement.
14. If any provision of this agreement, or the application of any provision of this agreement to
any person or circumstance, is held unenforceable for any reason, the application of such pro-
vision to any other person or circumstance, and the remainder of the agreement, shall not be
affected thereby.
To evidence your acceptance of this agreement upon the conditions stated above, please
sign and return to us all three copies of this letter.
Yours very truly,
ViRGIN1A ELECTRIC AND POWER COMPANY
By i '
We, the undersigned, hereby agree to and accept the conditions set forth in this letter.
Dated: ??- 0,2--J>7 t? • t; •-'.^-wren
Northampton Subdividers
Drawer F
l,aston, N. C. 27832 No.97556070
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