19950276 Ver 1_COMPLETE FILE_19950313

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
[D EHNR
March 13, 1995
Warren County
DEM Project # 95276
APPROVAL of 401 Water Quality Certification
Mr. Michael A. Murphy
200 White Springs Circle
Raleigh, N.C. 27615
F YME COPY
Dear Mr. Murphy:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
constructing a boathouse, pier and bulkhead at Lot # 39, Westwinds Subdivision at Macon, as you
described in your application dated 10 March 1995. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 2733. This certification allows
you to use Nationwide Permit Number 18 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.
S' cerel
ston Lard, Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
95276.1tr
P.O. Box 29535, Raleigh, North Carorina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Michael A. Murphy
200 White Springs Circle
Raleigh, North Carolina 27615
[phone] (H)
[phone] (O)
March 8, 1995
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NC Department of Environment, Health
And Natural Resources
PO Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
I hereby apply for a permit to erect a single slip boathouse, pier and bulkhead on Lake
Gaston at lot #39, Westwinds subdivision, Macon, Warren County North Carolina. Enclosed
are the following:
• US Army Corps of Engineers Nationwide Permit #18
0 North Carolina Power Construction and Use Agreement
• Copy of plans for boathouse
• Site plan showing placement of boathouse, pier and bulkhead
• Map to lot
• Driving directions to lot
Concurrent with this application, I am submitting the same documentation to the US
Army Corps of Engineers (Ms. Jean Manuele) and the North Carolina Power (Mr. Joe
Peterson).
Thank you for your assistance. If you have any questions, do not hesitate to contact
me.
Sincerely,
DEM ID: 5 l? ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): S .4()! <^s ti a
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MAN
NC DEPARTMENT OF ENVIRONMENT,
AND NATURAL RESOURCES
P.O. Box 29535 11995
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone] f THAN!'
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORF9,4 ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ! C- Ce- ( C
?? 6Gr Co??'t s (gym-. +s
2. Owners Address: O?lici We-s4- wvr1fL uJK++e- 5D111aS C4 "04 C- _R^(t4 NC- 4-74.
3. Owners Phone Number (Home): g!lci '/I S-Jr- (Work): 51-q 7,57 ff?DD
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: VLx-c- c e
Nearest Town or City: )eir Mdc-n r%
SpecificGLocation (Include road numbers, landmarks, etc.): (,of ?` 3? U)ES?-Wry ScJ?G?tyr3v+-
7? c P- of 4v h G(1Ak4G f2DG?JG (S f- 13 3c.) - TDy'kn f e-*--f- I'-fv 3,)6dG v ti
+-? ?"?? ?? vt?l ?x rv C'?fa?(? r26ak, L of -0-3-7
6. Name of Closest StreamlRiver. Ld4,e
7. River Basin: V-4N'. v e r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [y'
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
O.\
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: S?1. \
Drained:
Flooded:
Excavated:
Total Impacted: (,?. \ c cr Q

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 NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33726 Pivers Island
RaleiVC 27636-3726 Beaufort, NC 28516
Telephone [phone] Telephone [phone]
Oav'. ck vem L-as- <-',
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]
er, e e c-' \ey be
Information obtained from these agencies shotfld forwarded to the Corps.
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 7.) eoal- h\n js Q YF,''+
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. to n .? bp
f-
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 any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [v]' 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 (v]' NO[
]
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. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? 5%mc,\e
F. If applicable, what is proposed method of sewage di sal? Semk l c ?uS rr?
3 9s-
Owner's Signature Date
13. Purpose of proposed work: 1n/ rr_ ?o a _ D? c c s t fv o ?-? l? o o;-e-
, GQ.2
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)
NWP 7
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)
NWT 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 for a
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, NWT 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 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.
It)
VIRGINIA POWER
NORTH CAROLINA POWER
Virginia Electric and Power Company
Construction and Use Agreement
COR 16
Date
You have requested that Virginia Electric and Power Company (company) agree to your construction and use of a Pl W oaf h D L)& e
/,id&A 11; y l k het rQ (herein called facility) on company-owned land in
W (xv,ee n County, %ftcpiPWNorlh Carolina, at the location shown in red on the
attached print. The company hereby agrees to your request, provided 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 a manner as not to interfere with the use of
the reservoir by your neighbors or others.
2. You shall construct such facility between your side property lines extended into the water.
3. You shall give at least five days advance notice to the Supervisor - Reservoir, or his designated representative, prior to commencing
construction of this facility.
4. You shall not use this facility for human habitation or overnight sleeping.
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, orother 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.*
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 Reservoir 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
responsible 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 responsibilities 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 agree-
ment, and/or restore company property to its approximate 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 indemnity 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) pursuant 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 provision to any other person or circumstance, and the remainder of the agreement, shall not be
affected thereby.
Company Representative Signature
We, the undersigned, hereby agree to and accept the conditions set forth in this aWbement.
Dated: 3 d55*
A, 1/ 11
Landowner Signature
14,41A-1_( A • A[urPA ?IG/IGZG
141z 4
Zoo A) +C- Spot Y7 .. Landowner Name (please print)
c4e c., Nc 2-7o f- &o-f a3e7 dS f! r.J, r,oQs
?qf9) 9qT-LH5T(It) A,,dSSress
yIa) 7kl-$5oo (o, Mkt ( Gt/a,??ein OJ ,) f JVIO?P&0A.?D1, n,,
* Upon your request the company 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.
Distribution: White-Station Copy; Canary-Army Corps of Engineers; Pink-Landowner
Fenn No. 723785(June 91 )

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Directions to Murphy House on Lake Gaston
39 Clark Road - Westwinds
Macon, North Carolina
From the South - 65 miles from North Raleigh
1. Take US-1 North from Raleigh . At Henderson, feed onto 1-85 North.
2. Turn off 1-85 at Manson Road (Exit 223), 10 miles south of the Virginia
border - proceed toward Norlina (east, a right turn).
3. Proceed along Manson Road for about a mile until it runs into US-1/US-158,
bear left (east) toward Norlina. In about a mile pass "Soul City" on your
right. Proceed along US-1/US-158 for another 4 miles until you enter
Norlina.
4. Once in Norlina, turn right at the Exxon station (US-158/US-401 East).
5. Proceed one mile on US-158/US-401 until you meet a fork in the road. Bear
left onto US-158 East Bypass. Proceed toward Macon.
6. In 5 miles, US-158 East Bypass ends in a "T". There are a number of signs at
this intersection including a sign for "Ferncliff" and a sign for James E. West
Heating and Cooling. Turn left onto US-158 toward Macon.
7. Proceed along US-158 for a mile until you reach the hamlet of Macon. Pass
through and beyond Macon (try to avoid rush hour!).
8. A mile beyond Macon, turn left onto Church Hill Road (there is no right turn
here). This is a little tricky since there is no sign that says Church Hill Road
until you have gone a half mile or so. At this intersection, there is a road
sign that says "Church Xroads". There is also a sign for Westwinds (our
subdivision) and a historical landmark sign (William Miller - Governor). This
is SR 1335. Fifty yards beyond the turn is the Halifax Membership Electric
Cooperative on your right. (If you pass this, turn around.- Don't worry you
are almost there!)
9. Three miles up Church Hill Road (SR 1335) is a fork in the road. Bear right
onto Hubquarter Road (SR 1336). At this intersection there is another sign
for Westwinds.
10. Proceed 3 miles up Hubquarter Road until the road ends at the Lake. The
entrance to Westwinds is on your left - Westwinds Road (no sign).
11. Proceed 0.8 miles along Westwinds Road until you get to your first true right
turn (Clark Road - also no sign). Before you get to Clark Road, ignore the
little half circle on your right.
12. Turn right onto Clark Road and proceed to the end (only a few hundred
yards). At the end are the entrances to 5 lots #39 - #43. We're #39 which is
the drive at the far right of the cul-de-sac. Welcome!
Ss r

Ssr 1335

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