20151088 Ver 1_Approval Letter_20151026

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 26, 2015
Wade Harmon
Duke Energy Lake Services
Mail Code EC12Q
PO Box 1006
Charlotte, INC 28201 -1006
Donald R. van der Vaart
Secretary
DWR It 15 -1088
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Lake Summit Excavation
Dear Mr. Harmon:
You have our approval for the impacts listed below for the purpose described in the application submitted by
All Aspects Design & Construction Inc. dated October 2, 2015, and received by the Division of Water Resources
(Division) on October 20, 2015. These impacts are covered by the attached Water Quality General
Certification Number 3898 and the additional conditions listed below. This certification is associated with the
use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required by (but
not limited to) Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer
regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and
the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Open Water
Impact 01 1.5 (acres)
Dlvislon of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828- 296 - 4500 \FAX: 828 - 299-7043
Internet: http : / /portal.ncdenr.org/web /wq /ws
An Equal Opportunity \ Affirmative Action Employer

Lake Summit Excavation
DWR415 -1088
401APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of the Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and
General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)1
3. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 02B.0200. [15A NCAC 02B.02001
4. All mechanized equipment operated near surface waters will be regularly inspected and maintained to
prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other
potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee /contractor
shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional
Office at 828.296.4500 and after hours and on weekends call (800) 858 -0368. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A]
5. Follow the recommendations stated in the North Carolina Wildlife Resources Commission comment
email dated October 23, 2015.
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH Clerk's Office
at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with
any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday
between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

Lake Summit Excavation
DW Rk 15 -1088
401 APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DEN R:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H .0500. Please contact Andrew Moore at 828 - 296 -4684 or Andrew.W.Moore(@ncdenr:eov if you
have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Greg Spinella —All Aspects Design & Construction Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Natalie Berry — Henderson County (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ \Henderson \4015 \Non - DOT \lake Summit Excavation \APRVL.LakeSummitExcavation .1026 - 15.dac

/I
Water Quality Certification No. 3898
GENERAL CERTIFICATION F(1R PRDJECTS.Ei 'FOR U.S. ARMY CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 rfV& ORFERC REGULATED
PUBLIC UTILITIES) AND REGIONAL PERMIT 198209979 HIOE LAKE AND RESERVOIR
MAINTENANCE. REPAIR ANQDON$TRUCTION ACTIVITIE$V.
AND RIPARIAN AREA PROTECTION RULESJBUFFER RULE! r
Water Quality Certification Number 3898 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality. Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's.
Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) In 1$A NCAC 028.0200,
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 96 -217
If conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a.401 Water Quality Certification from the Division of Water Quality (the
"Division'T
a) Activities that result in fill, dredging or excavation of waters or wetlands below the normal
high water level; or
b) Any impact associated with a Notice of Violation or an enforcement action for violations)
of.DWQ Wetland Rules (15A NCAC 02H .0500) Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B.0200);or
c) Any impacts to streams and/or buffers in the Neuse, Tar- Pamlico, or Catawba River
Basins or M the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] In effect at the time of
application) unless the activities are listed as 'EXEMPT" from these rules or a Buffer
Authorization Certificate is Issued through N C Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina'. General Statute 143- 215.3D(e) written approval for a 401
Water Quality General Certification must include: the appropriate fee If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included In this General Certification that do not meet one of the thresholds .
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written. Approval or Beyond the Threshold of Use
of this Certification.
No waste, spoil, solids, or fill of any kind shall occur In Wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre Construction Notification as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including Incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
Water Quality Certification No. 3898

Water Quality Certification No. 3898
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2, Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, Installation and operation and maintenance of such Best
Management Practices and if applicable comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version . of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
Including contractor -owned or leased borrow pits associated with the project.
b.. For borrow pit sites, the erosion and sediment control measures must be designed,
Installed, operated, and maintained In accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply With the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1071,
d:. Sufficient materials required for stabilization and /or repair of erosion control measures
and slormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WSA WS-II High Quality (HOW),. or Outstanding Resource (ORW)'waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
In 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
3, No Sediment and Erosion Control Measures In Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division, placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dls- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR). or locally delegated program has released .
the specific area within the project.
4. Construction Stormwater Permit NCO01QQ00
An NODES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land, This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated In the conditions of the permit If your project
is covered by this permit full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self - monitoring, record keeping
and reporting requirements is required A copy of the general permit (NCG010000),
inspection log sheets and other information may be found at
httoa /oortatncdenr orb /web /wo /ws /sulnodessw#tab w:.
Water Quality Certification No. 3898 2
f

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) shall be required to be In full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Construction. Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established . by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS),.NG. Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMFS) to lessen Impacts on trout, anadromous
fish, larval /post -larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval . by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened . species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
6.. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area,. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area Protection(Buffer)Rules
wellands or
Goose Creek Watersheds. (or any other basin or watershed with buffer rules) shall be limited
to "uses' identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243 0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including . diffuse
flow requirements; must be met.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and.. possible aquatic life/ fish kills.
9. Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at least three (3)
feet . above any wetlands, and floating structures shall not rest periodically on the bottom.
10. Piers and boat houses shall be constructed to provide for storage and removal of sewage
rather than allowing raw waste or other sewage to be disposed directly into surface waters.
11. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, . and protective buffers within the project boundaries in order to assure
Water Quality Certification No. 3898

Water Quality Certification No. 3898
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time ofrecordinq of the oronertv or of individual lots whichever Is appropriate A -
sample deed notification can be downloaded from the 401/Wetlands Unit web site at r
htto// portal.nodenroratweh/wo /swo /wa/ 409 /ceitsandt)ermits /apoly /forms. The text of the
sample deed notification maybe. modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
12. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or $EPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
13. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwaler Regulations will be required,
14. This General Certification does not relieve the applicant of the responsibility to obtain all other
required federal, State, or Local approvals.
15. The applicantlpermittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such or laws are not being
met including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
16. When written authorization is required for use of this certification, upon completion of all
.permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion: attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh NC, 27699 -1650.
17. Additional site - specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval: letter for projects proposed under this Water Quality
18. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date ofthis Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties,
The Director of the North Carolina. Division. of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity If it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3898

Water Quality Certification No, 3898
Public hearings may be held for specific applications or group of applications prior to
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION. OF WATER QUALITY
By
7�2avc
Charles Wakild, P.E.
Director
History Note: Water Quality Certification Number 3898 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007, WQC Number 3639 issued March 19, 2007 WQC
Number 3492 issued December 31, 2004; and WQC Number 3373 issued March 18 2002„ This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3898 5

North Carolina Department of Environmental Quality
Pat McCrory - Donald R. van der Vaart
Governor Secretary
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of40l Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North
Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned in
D WR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant's Certification
I, . hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Cerdfcation
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
If th is project was designed by a Cert(Red Professional
I, as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Registration No.
Date
4018 Buller Pe. thn9 Unit
1650 Mai Semire Cantor, FnAigh, North Corolina 27699 -1650
Phone'. 919 SUM3001 FAX [phone]
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