19950960 Ver 1_COMPLETE FILE_19950911

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
?EHNR
September 12, 1995.
Montgomery County
DEM Project # 95960
APPROVAL of 401 Water Quality Certification
Mr. David & Ms. Frances Hill
1617 Brookhaven Mill Road
Greensboro, N.C. 27406
FILE
Dear Mr. & Ms. Hill:
You have our approval to place fill material in 1620 square feet of wetlands or waters for the
purpose of constructing a boathouse and facilities at Carolina Forest, Balsam Circle, Lot # 428-A, as
you described in your application dated 2 September 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 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, 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 Dorney at 919-733-1786.
Sincerely,
I
OIL-
2war .
ton , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domey
Central Files
95960.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper

1 /1:tY1 W. a ^zr.a -1 J A <OV ALI I WIN 11.1:
Nationwide Permit Requested (Provide Nationwide Permit 401 !GGYED
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
.Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS f DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL. RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATM: CESAW-CO-E Raleigh, NC 27626-0535 W ?1r 2. n
Telephone [phone] ATTN: MR. JOHN DORNEY; z
Telephone (919) f33-5083 /) 3 3 - )'I ,'g ONE (1) COPY OF THIS COMPLETED AP ICATION SHOULD BE SENT TO THE?CORPS OF ENGINEE`,.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONNItN 'AL MA.NAGF-WENT.
PLEASE PRINT. / f /
1. Owners Name: JDA1/,rcd _ _r L tCc We Es
;?? L? r1.2
2. Owners Address
3. Owners Phone Number (Home): L',LQ_(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: /E z
Nearest Town or City: 1
Specific Location (Include roa numbers, landmarks, etc.):_ ?d /,? O?in/, - 5 f

6. Name of Closest Stream/River:
7. River Basin: Pe& c":DPe
8. Is this project located in a watershed classified as Trout, SA, 1-1 , ORW, WS 1, or WS 11? YES [' ] NO ]
`,5s"4
9. flave any Section 404 permits been previously requested lot use on us prop rty? YES [ ] NO
If yes, explain.
10.
Estimated total number of acres of waters of the U.S„ including wetlands, located on project site:
IS7
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:

-Drained:
Flooded:

Excavated:
Total I pacted:

12. Descnpti
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activi must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Wile OV
IWO/
15. You are required to contact the U.S. ish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangeredior threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES( ) NO[
]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES( J NOS J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. 4f a stormwater management plan is required ford' project, attach copy. E. What is land use of surrounding property?/ r '
F. If applicable, what is proposed method of sewage disposal?
"r??d'st

Owner's Signature Date

?P
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30-days (calendar); have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested fora
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to - notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWT 32, NWP 36,
and NWT 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
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C. NOTIFICATION/APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmental Management as specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by DEM. Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beaufort, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.

V ___4
Action ID No. 198200030
Name of Permittee: General Public
Effective Date: January 1, 1992
Expiration Date: December 31, 1997
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 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 unsinkable flotation materials, pressure treated lumber,
creosoted pilings and concrete; (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
2gencies' requirements are met.
These lakes and p?servoirs 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.

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1. Special Conditions.
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a. All floating structures will be supported by flotation material which
will not waterlog or sink when punctured.
b. Bulkhead and riprap structure alignments will not extend farther than
an average distance of 2 feet waterward or a maximum distance of 5 feet from
the normal high pool elevation contour and may not extend more than
500 feet in length along the 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, including riprap material, discharged into waters of the
United States must be suitable material, and material discharged must be free
from toxic pollutants in toxic amounts. Use of metal products, organic
materials, petroleum base materials, or unsightly debris is prohibited.
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.
h. The minimum clearance for aerial power transmission lines will be
governed by the system voltage as shown below:
Nominal System
Voltage, Kilovolts
-------------------------
115 and below
138
161
• 230
350
500
700
750-765
Minimum Clearance (ft)
Above Bridge Clearances
------------------------
20
22
24
26
30
35
42
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.

3
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i. 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.
r,
J. Where the activity has a potential to significantly affect any land or
water use or natural resource of the North Carolina coastal area, a
consistency determination or certification, as appropriate pursuant to
15 CFR 930, must be provided to the North Carolina Division of Coastal
Management.
2. General Conditions.
a. All activities authorized by this general permit that will involve the
discharge of dredged or fill material into waters of the United States will be
consistent with applicable water quality standards, effluent limitations, and
standards of performance, prohibitions, pre-treatment standards,' and
management practices established pursuant to the Clean Water Act (33 U.S.C.
1413), and pursuant to applicable State and local law. Activities that will
involve the discharge of dredged or fill material into waters of the United
States will require that an applicant apply for and obtain a Water Quality
Certification from the North Carolina Division of Environmental Management in
accordance witty Section 401 of the Clean Water Act before any work is
authorized by this general permit.
b. There will be no unreasonable interference with navigation or the L
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
authorized work in a manner so as to minimize any adverse impact on fish,
wildlife, and natural environmental values.
e. The permittee must perform the authorized work 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 50 NTU's or less are not considered
significant.

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f. The permittee will permit -the Wilmington District Engineer, or his
representative, to make periodic inspections at any time deemed necessary in
order to assure that the activity is being performed 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, state, or'
local laws or regulations, nor does it obviate the requirement to obtain state
or local assent required by law for the activity authorized herein.
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 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 claim 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 authorized work,
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 1
when the Wilmington District Engineer believes 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.

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(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and conserved in
accordance with the Endangered Species Act (16 U.S.C. 1531).
1. Permittees are advised that development activities in or near a
regulatory floodway may be subject to the National Flood Insurance Program
which prohibits any development, including fill, within a floodway that
results in any increase in base flood elevations.
m. At his discretion at any time during the processing cycle, the
Wslmington District Engineer may determine that this general permit will not
be applicable to a specific construction proposal. In such case, the
procedure for processing an individual permit in accordance with 33 CFR 325
will be available.
n. The permittee or the permittee's successors will maintain the
authorized work in good condition and in conformance with the terms and
conditions of the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
/s/
Walter S. Tulloch
Colonel, Corps of Engineers
District Engineer t