19950075 Ver 1_COMPLETE FILE_19950127

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
1:3 FE 1=1
January 30, 1995
Montgomery County
DEM Project # 95075
APPROVAL of 401 Water Quality Certification
Mr & Mrs. Kenneth John
5407 Eastovych Court
Charlotte, N.C. 28226
FILE. N 11vr
Dear Mr. & Mrs. John:
You have our approval to place fill material in 0.0247 acres of wetlands or waters for the purpose
of boathouse and pier construction at Holiday Shores subdivision, as you described in your application
dated 25 January 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2674. This certification allows you to use General Permit
Number 030 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go; ahead with your
project.
If you do not accept any of the conditions.of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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, P.O. Box 27447, 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
P ton How , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Fayetteville Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
95075.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% pmt-consumer paper
DEM ID: ACTION M:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
T ENGINEER WATER QUALITY PLANNING
CO ODIVISION OF ENVIRONMENTAL MANAGEMENT -
DEPAR ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
Grc
P.O. AND NATURAL RESOURCES
' gto890 rY P.O. Box. 29535
ATTN: CEeighNG 27626-0535
Telephone
ATTN: MR. JOHN DORNEY
Telephone (919) =733-5683 ? 3 3 - "715
ONE (1) COPY OF THIS COMPLETED' APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN -(7) COPIES.SHOULD.: BE -SENT. TO THE N.C. DMSION OF ENVIRONMENTAL -MANAGEMENT:
PLEASE PRINT.:
1. Owners Name: ? =•°? -
2. Owners Address:
3. Owners Phone Number (Home): h° ?S S I }? (Work): 7 ?• 3 ?- /? 6
4. If Applicable: Agent's name or responsible corporate official, address, phone number. -
5. Location of work (MUST ATTACH MAP). County: & VAn 6ti/
Nearest Town or City: /tk
Specific Location (Include road numbers, laudmarks,'etc.): ?'26M 5?Z/?'?f?tli-/
V r`l
e. o-
s d? 6. Name of Closest Stream/River.. r t?v
7. River Basin:
.7'
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS 1, or WS II? YES [ ] NO [
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO, [e
If yes, explain.
10. Estimated total number of acres of waters of the U. ., including wetlands, located on project site:
C
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: LOA 7' !
-Drained:
Flooded:
Excavated:
Total Impacted: 6
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work: a rG e
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Service
(NMFS) regarding the presence or anFFy orproposed for listing endangeredor threatened species or critical
habitat in the permit area that may proposed project. Have you done so? YES RESPONSES FROM THE.USFWS SHOULD BE FORWARDED TO CORPS.
16 . You arc required to contact reservation Officer (SHP%, regarding the.-presence _ofhistori..properties in the permit area whic y the Preps Project? Have you done so? YES ] NO [
RESPONSE FROM THE SHPO SHWARDED TO CORPS ; . t; c ___I,_, _ - •s s
17 Additional information required by DEM:
v?,f
Is
- i
A. Wetland delineation map showing all a+etlaads, streams, and lakes `oa the property.
B. If available,'representative photograph of wetlands to be impacted by project.
C. If delineation was perfornned by a consultant; inchideall data sheets relevant to theplacemenf of the
delineation line.
D. If a stormwater management plan is required for this proj a h copy.
E. What is land use of surroundin
g pro 1? Y?
R H applicable,-what is proposed method of sewage disposal?
1 / Q _ ?
Owner's Signature Date
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C P&L
950-75
401 ISSUED
4 ?..,lJ
a ` `? 1995
=- 5
AN
Form No. 2482
8/94
Drawer 1037
Aberdeen, NC 28315
!? 1 X95
RE: CP&L's Approval for. Erecting Facilities (Pier, One-Story Boathouse, Bulkhead/Riprap
Material) on CP&L's Property/Reservoir. ,
Tillery Hydroelectric Development/
Lot Nos i.7;1 -13v /j? / r4d.,, A14-s- Subdivision
MONTGOMERY'°r? r "' COUNTY
Dear Lessee:
CP&L's current Lease with you provides that you may erect and maintain a pier and a one-story
boathouse on the leased, premises and the appropriate adjoining water of Lake Tillery. Likewise,
CP&L does not object to the installation of :a bulkhead or riprap material for eroding shoreline
stabilization and erosion control purposes. You have described. the "improvements you plan to
construct on CP&L's property leased to you as follows:
and have further identified such improvements by their locations and dimensions on the sketch
you prepared which is hereto attached. .
NOTE: A pier and a one-story boathouse must be properly located relative to
adjoining owners' lots and their leased premises/water rights. Encroachments on
adjoining owners' leased premises or water rights that are not promptly relocated
after written notice to do so from CP&L will subject your Lease to possible
cancellation. For your additional information, you may not construct other
improvements/structures, i.e. roof overhangs, driveways, porches, decks, garages,
buildings, storage buildings, wells or septic tanks on CP&L's property leased to
YOU.