20160963 Ver 1_Approval Letter_20161020

Water Resources
ENVIRONMENTAL QUALITY
October 21, 2016
Robert Matthews
6152 Plantation Pointe Drive
Granite Falls, NC 28630
PAT MCCRORY
0--c'
DONALD R. VAN DER VAART
Secre(my
S. JAY ZIMMERMAN
D,..
DWR# 16-0963
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Matthews — 6152 Plantation Pointe Drive
Dear Mr. Matthews:
You have our approval for the impacts listed below for the purpose described in your application
dated September 26, 2016, and received by the Division of Water Resources (Division) on
October 6, 2016. 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 obtain 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 certification(s) 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
Permanent
Open Waters
Above Pool
Below Pool
0.0045 (acres)
0.0045 (acres)
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/Authorization. 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
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8292964500

Matthews- 6152 Plantation Pointe Dr.
DWR# 160963
401 Approval
Page 2 of 4
General Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Stabilization techniques must meet the General Conditions listed in the Shoreline
Stabilization Technique Selection Process found in Duke Energy's Shoreline
Management Guidelines for the Catawba-Wateree river system 2006 Shoreline
Management Plan.
4. The Permittee shall replant the vegetation within temporarily disturbed areas located
within 30 feet of the shoreline in an "in kind" manner immediately following
construction. (Example: Disturbed areas with pre-existing grassed lawns can be
replanted with grass or trees and woody vegetation. Disturbed areas with pre-existing
trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed
areas with pre-existing forest vegetation must be replanted with forest vegetation
including at least two different native hardwood tree species at a density sufficient to
provide 260 trees per acre at maturity. This density can usually be achieved by planting
approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Replanting of
trees/shrubs/forest must be completed by the first subsequent planting season (November
1 through March 30). Note, if the tree plantings do not survive, they will need to be
replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A
NCAC 02H.0507 (c)]
5. The access corridor(s) must be the minimum width required to get the construction
equipment to the shoreline and shall not exceed 15 feet in width. The number of access
corridors should be limited to the minimum number required to get the construction
equipment to the shoreline (many times only a single corridor is required) and shall not
exceed 2 corridor(s). The access corridor(s) should cross the buffer as close to
perpendicular as practicable and disturbance to existing vegetation should be minimized.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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 http://www.ncoah.com/ or by calling the
DAH Clerk's Office at [phone] 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:OOam and 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the DAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:

Ijsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Matthews- 6152 Plantation Pointe Dr.
DWR4 16-0963
401 Approval
Page 3 of 4
Ijsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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 Kevin Mitchell at 828-296-4650 or
Kevin.mitchellno ucdenneov if you have any questions or concerns.
Sincerely,
(//N`
ZanP.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: William Elliott — USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy (via email)
Andrea Leslie — NC WRC (via email)
Caldwell County Planning
DWRARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
WWR\WQ\Caldw]lA0ls\Non-D0T atthews- 6152 Plantation Pointe DrWPRVL.Mattlam-6152 Plantation Pointe Dr. 10212016.docx

Water Quality Certification No. 3898
&ENE AL CE IFICATIO O7 ROJECT ELIGIELE 'ORU•S. MYCCOORPSSOO
EREERS�GION QP! IT ; 520115 S,f�V _ P E oU�` LIjTP0
PUBLIC UTILITIES) ND R �010yyA� NIT 1BSi0b�fl„(Y�OE LAKE AN RESERVOIR
MAINT ANC�P IRi4ND 9:, y TI A IAV �iI
AND RIPARIAN AREA PROTFlbtg, t. IEUF1'ER R I s1.
The State of Noith Carolina certifies that tbespecified category of activity, will not violate
applicable portions of Sections 301;'50,2, 303 306 and 307 of the Public Laws 92-500 and 95-297
it conducted In accordance with. the Conditions hereinafter set forth. -
Activities meeting any one (1) of this following thresholds or circumstances require written
appmvdf tote 401 Water Quality Certification from the Division of Water 'Quality (the
"DIVlsion"I:
a) Activities thatresult in fill, dredging or egcAationof watpm or wetlands below the normal
high water level; or
b) Any Impact associated with a Notice of Vlotatign or an enforcement a0lon for violation(s)
of DWO Wetland Rules (15A NCAC 02H 000), Isolated: Welland Rules OSA NCAC 02H
rules or
Included In this
written approval from the Division Is_retfufted,
Conditions of Certification:
1.. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
ofthiaCodification
No waste, spoil,. solids, or fill of any kind shall occur In wetlands, waters, or riparian areas
beyond the footprint of theimpacts depicted In the Pre -Construction Notifloatlon, as
authorized in the written approval from the Division or beyond Me thresholds established for
uas of this Certifloation without written authorizallon including Incidental Impacts All
construction activities Including the design,installation, operation, and maintenance of _
sediment anderosioncontrol Bost ManagemanI .PracITOes shall be performed so that no
violations of at." water quality standards statutes, or rules obour Approvedplans and
Water Quality Certification No. 3898 1

Wates' Quality Certification No. M8
speelfioatonsfor this project are Incorporated by reference andare enforceable parts of this
Parrott, _
&. Standard Eroslon and Sediment Control Practices
Erosion god5editent control practices most be to fullcompltampe with all specifications
governing the proper design, Installation and operstlonand maintenance ofsuch Best
Management Ptacticae and if applicable, comply With the specific conditions and
requiramerile of the NPOE$ Constwoffon StormWater. P0md%Sgoa0 to the site:
a, Desipn,. 0"' operation, and malMenance of thateedimentand erosion control
Measures must be suchdhatthey aqual or exceed, the; ragilTraments Specified in the Most
recent verston of the Ndith r ending Sedfi'nentadd Erc.sidnControfMalydal, The devices
shall be maintained on all construction slide, borrow sltbs .and Waste pile ($poll) projects:
Including contractor -owned or leased borrow pitsassoolatod With theprojeof,
b. For borrow pit sites, the erosion and sediment control measures must be designed,
Installed operated and maintained In accordance with the most recentversion of the
North Carolina Surface Mining Manual. - -
.c. Reglamatkm measures and implementation roust comply -With the reclamation in
accordance With the regQirsundnts of the Sed(MeMaton Poltuton Control Act and the: -
14100 Act of 4971,
d. Sufficient materials required for stablUano0andwfe)2alfoferasiemcohtrotmeaedres
and stormwater routing and treatment shall be on she stalltitnea.
a. if the project occurs In waters or, watersheds classified as primary Nursery Areas (PNAid,; - -
SA, WS•l, WS -11, High Quality (HQWh or Outstanding Resource (QAW1 Waters than the
sa Gmantado0 and orosloh 7,gnVAl dssfgns must comyVvfth the requirements set Icsth
In') SA NCAC04B -0'124, Design Standards in Sensitive lNefelsherla.
1 No Sediment and Emslon Control Measures in Wetlands or Waters -.
released
4. Consfructlon Stotmwater Permit NCG010000
An NPOES Construction Storrawa ar-Parmit is required for'donsbuedon projects' that disturb
.one (1) on more acres of land, This Permit allows gtormwater to be discharged during land
disturbing construction aebvities as stipulated In the conditions of thepcomif Ifyourproled't
is covered by this permit, full coropltanod with permit conditions mciarling the erosion &
sedimentation control plan, fnspectena and maintenance, Selfmanitorin99 record keeping:
and repotting requirements Is required. A copy of the 0erreral permlt(NC©p:10000)
inspection log s,haets, and other information meq be found at
bloc /Ibdrtal P araLWeblwalN e(sdlbodessv HlL&w- .
Water Quality Certification No. 3898 'Z-

Water Quality Certif cation No. 8898
The North Carolina DepartmerAcif Transportation (NODCT)shall be requited to be in full _
opmpliahoe with the conditions related to construction sohvittes within the must recent version
of their Individual NPDES (NCS00025D) stormWater permss "
8, ConstructionMoratariumsandCpordinalion
it activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), the" biological mothering may be required at the request of other
state or federal agencies and coordinated with these activities.:
All Moratoriums on construction activities alta ,fishad by the NO Wildlife Resources -
Commiseioq (WRC), US Fish and Wildlife Service (USFWS) NC Division of Marine Fisheries,.
(DMF) or Natlonal Marina Fisheries Service (fNMFS) to lessen Impacts on trout, anadromdus
fish, laNallposFlarVal fishes and crustaceans, Ar gther aquatic species of concern shall he
Implemented Rxcephons tothiscondition require written approval by the resource agency .
responsible for the given moratorium..
Work within the lwehty 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 oMF personnel.
9. Work In. the Dry
All Work In or adjacent to stream waters shall be conducted so that the flowingstreamdoes
hot come in contact with the disturbed area. Approved best management practices: from the
mosteurrent version of the NO $edfriant and Eroaigo Control` Manual, or the NO DCT
Construction and Maintenance Activities Manual, such as sandbags rock berms, cofferdams,
and other diversion stroofuresgliall be, used to mininike excavation in flowing water:
Exceptions to this condition requite applloaffonsubmlttai to and written approval by the
Division.
y. Riparian Area. Protection (Buffer) Rules
8, if concrete isused during the conetruotion, (bon all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the stadst, Water
that Inadvertently contacts uncured concreteahall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic rife/ fish kills:
Ot Rip -rap shall be installed waterward of bulkheads Installed in freshwater lakes to ensure
proteclron of aquatic habitat Construction overwetlandsshalnte elevated at least three (3).
foot above any wetlands; and Rustling structures shall not rest Periodically on the bottom, - -
1A Piers and boat houses shalt be constructedto provide for storage and removal of sewage .
radr er than allowing raw waste or other sewage to be disposed directly into surface waters.
II Deed nolifipations or similar mechanisms shall be placed on all retained jurisdictional
Wetlands waters, and protective buffers Within the project boundaries in ordef to assure
I
r
Water Quality Certification No. 3898 3'

Water Quality Certification No. 3898
'compliance for future wetland, water, and buffer impart These mechanisms shall be out In
place at the time of recording ofthe brod6rhiptof9ndiyidu61169Whidhayer 19 AWroortate, A
sample dead notification can be downloaded from the 401/Watl0hds nit website at -
The:te%tofthe
aarlmr deed notification may ba modified as approo ate id Olt to 00060010pmle0t,
- -Documentation of deed notifications shall be provided 10 the DIVISlon Upon request
12,. If an environmental document is required under the Net[ phal or State Environments( policy
Act (NEPA or SIPA), then this. General Certlfleation is not validuntil a Finding: of No
Significant Impact (FONSI) or' Record of Decision (ROD) It issued by the Slate
Clearin4hmise.
13. in the twenty20) coastal counties the appropriate DWO Regional Offloe must be copteetod
to determine I. Coastal Stormwaler Regulations will be required:
14_. This General Certification does not relleve the applicant of the respohsibil(ty to obtain all other
required Federal. State or Local approvals. -
15. The applicant/parmttee and their authorized agents shall conduct all activldee ih a manner
consistent with State water quality standards (including any fsputramehrs resulting from
compliance with 5303(d) of the. Clean Water Act), and any other: appropriate requlraments of
State and Federal Law, If the Division determines that such standards or laws are not being
met Including failure t0 sustain a deaignatedor achieved use, or that State or Federal law is
being violated, of that further conditions are necessary to assure compliance, then the
Division may reevaluate and: modify this General Water quality, Certification.
16, When written authorization lsnegolred for use of this certification upon compietion:of all
permitted applicantt$Rillbe rects qluded uired to lthin the return the 8erifcate of compedouentchedmodifications, the
nettache to the approval.
Ono copy of the certificate shall be sent to the DWO Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NO, 27658.1660. -
17. Additional site-saeeiflocon'dltlona, Including monitoring and/or modeling requirements, may
18. This cerBflcatiortrah9s permission tO tba dire€tor, an authorizedrepresentative of the:
`Dlreotdr, dr DEN& 6taff, upon the. presentation of proper credentials to enter the property
dudhg normal business hours,
in
of'a formal
determined
Water Quality Certification No. 3880, 4

Water Quality Certification No, 3898
PUbko heads maybe held for specific applications orgracp of a plBdtfons prior to a
Oertlfioation ocisfoh if deemed in the P1100's best Interest by that irector of the North Carolina
Division of Water Qua@y, -
Effective date: March 19, 2012;
DIVISIO40F WATERQUALITY
By
Charles Wakild, p.E,
Director
Water Quality Qertlficatlon No, 3888 8

Water -Resources
ENVIRONMENTAL DUALITY
WR Project No.:
Project Name:
PAT MCCRORY
G--
DONALD
oy—
DONALD R. VAN DER VAART
s"r -ry
S. SAY ZIMMERMAN
D.11i ,
County:
Date of Issuance of 401 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 to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Appli'cant's Geri ficatlon
1, 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 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:
!f this project was designed by a Certified 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
sma ofNOM CNV1- I E ----MI Quality I W.Mraesources
1611 Mol wma, C-R, I Rdm h, North C—om 47699-1611
919]079000