19960541 Ver 1_COMPLETE FILE_19960605

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
?&T.W?FA
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1:3 EHNR
June 8, 1996
Montgomery County
DEM Project # 960541
COE #199603450
APPROVAL of 401 Water Quality Certification
Mr. Guy Lail
3007 Quail Drive
Newton, NC 28658
Dear Mr. Lail:
You have our approval to place fill material in 500 square feet waters for the purpose of
constructing a bulkhead with back fill at Lot 39, Heron Bay subdivision, as you described in your
application dated 3 June 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 2665 and 2733. These certifications allow
you to use Nationwide Permit Numbers 13 and. 18 when they are 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.
Attachment
cc:
Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
960541.1tr
Sincerely,
11 l
Wton ard, IrP.E.
Enviro nmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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REPLY TO
ATTENTION OF
May 24, 1996
Regulatory Branch
Action ID No. 199603450 and Nationwide Permit No. 18 and 13
Mr. Guy Lail
3007 Quail Drive
Newton, North Carolina 28658
Dear Mr. Lail:
,4(?1 ISSUED
Reference your application of May 7, 1996, for Department of the Army
(DA) authorization to discharge fill material into approximately 500 square
feet of Waters of the United States (Nationwide Permit No. 18) and construct a
bulkhead along 300 feet of shoreline (Nationwide Permit No. 13) adjacent to
Badin Lake. This project is on your property located at Lot.'19 on Pearl Bay
Drive, in the Heron Bay Subdivision, near Denton, Montgomery County, North
Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was provided by Nationwide Permit No. 18 for discharges of
dredged or fill material into all waters of the United States provided:
a. The discharge does not exceed 25 cubic yards in open water areas;
b. The discharge will not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage limitation includes the filled area plus special aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
Additionally, for the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in
the Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided by Nationwide Permit
No. 13 for bank stabilization activities.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and any
required State authorization. A Section 401 water quality certification is
required from the North Carolina Division of Environmental Management.
Contact Mr. John Dorney, telephone [phone] for this certification.
This nationwide permit does not relieve you of the responsibility to obtain
other required state or local approval.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain iormed of changes t othe nationwidec permits,, or
which will be announced by publ
are under contract to commence, lwillthaveytwel?eemonthsafromhtheadatewofe
permit is modified or revoked, you ent
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to me at telephone [phone].
Sincerely,//
)/vZ ?,2
Michael L. Hosey II
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
4L._ .a
4C?1 ISSUET)
I)EM ID: 960541 CORPS ACTION ID:
IIATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : /3 ggvjt Sjad ibzaTiaA/
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
YIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
('7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
L
MAILING ADDRESS: 3o 61 ?l?C /q f DRIVE
SUBDIVISION NAME
CITY: N??itJ (d /? STATE:
PROJECT LOCATION ADDRESS, INCLUDING SU
"TAILING ADDRESS ABOVE) : L ay' 3
0/1) 8AbIiv L19 A-E, 4Jl? ILIA / s
IVISION N
Z I P CODE: a ??0 5
(IF DIFFERENT FROM
/ A/ /Pl e-, T? o•a? e ? y Cb u A,, T
3. TELEPHONE NUMBER (HOME) : ( WORK) :
9. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: /j/?d/?rT p n,P A Y NEAREST TOWN OR CITY: bL _A)7V AJi N• C

SPECIFIC LOCATION (INCLUDE ROAD
. . - It

T
h-pie-, B c_;?;t_ ° i' ? f P a .Q !z -Q
AW 76e

NUMBERS, LANDMARKS, ETC .) : /777 4-
{ . +.
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN:
nor (-"-A.4hiA) LAll ?
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [v]im IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PER ITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [* IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PER}M T REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [?J IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 3 ??l? ?LG2Q
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE:
FT AFTER:
FT
WIDTH BEFORE (based on normal high water contours): FT
/.
WIDTH AFTER:
FT
AVERAGE DEPTH BEFORE:
FT AFTER:
FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):
13. PURPOSE OF PROPOSED WORK:
-t9-^? QL
n , f ,?-
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
15. YOU ARE REQUIRED TO CONTACT
AND/OR NATIONAL MARINE FISHERIES
SHEET) REGARDING THE PRESENCE OF
LISTING ENDANGERED OR THREATENED
AREA THAT MAY BE AFFECTED BY THE
THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
SERVICE (NMFS) (SEE AGENCY ADDRESSES
ANY FEDERALLY LISTED OR PROPOSED FOR
SPECIES OR'CRITICAL HABITAT IN THE PERMIT
PROPOSED PROJECT. DATE CONTACTED: -`I.YA,
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC

r
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: S - 7 - 7
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ I NO [vj (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [j NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH
CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 19, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST
BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/ E ' SIGNATURE
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DA ' E
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

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1. PROPERTY ZONED R-I
L-11 2. ALL LOTS T01 BE SERVED BY INDIVIDUAL W
c 43. ,111 ROADS, TO BE 20 RIBBON.'PAVING CO,
s 4. ;,ij NMUM BUILDING LINES TO BE 30' AT RC
ye roN Qa / REAR.
?jo ?o t rd ti. APPROXIMATELY, tcw?t LINEAR FEET IN STJ
C' 'S 1 SLA6dI V!S/c 6. TOTAL AREA - !0.79 ACRES ( CALC
3 7. 14PLOTS IN PHASE
C% d. SMALLEST LOT LOT •4!
D. PROPERTY SHOWN AS AN Ul1(STUDIED FLOOD H%
COMMUNITY PANEL NUMBER 370366 0025 B, Ef
A? J lO. DA7F Of BOUNDARY SURVEY: MAY 16, 1994.
Area calculated by Coordlnore Geometry 14 PROPERTY IS WOODED NO ROCK OUTCROPS
.,.,., O.: SWAMPS VISIBLE A i TIME OF SURVEY.
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Reidsville
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Elkin ? 51 Luke 2
lonesvitl \ \ 8I 501
Boonville I •
Winston Sale 158 Stokesdale 29
Yadkinville •
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Burlington 8 5 Hillsboro • Ourhal
?I Hamptanvllle
109 Graham
52 1 Greenshoro
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Mocksville 1 HlghPolnt 0 49 Ohl
?I • 421 15
`t Iesvllh?J 85 ?Riidleirian 5DI HMI
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Lexington Jordo"
? 601 Pittsboro
s 64 64 _...., J
109 Siler City 1W
Salisbury 49 Asheboro
• High Hock Denton
Mooresville Lake • a. 220
hina Grove
KannePollsMoncure
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P 52 49 ? Badin Lake t" sea
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Concord Sanford f /
New London' Eldora0o 7 /
421
85 49 13 Badin. ?'wcr 134 f/
100 j' j;Troy Carthage 81
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Lake Tille.v; j! NAiI NA!'I 15
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Rockingham 15
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f 0 ? 14 Red Springs (,
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