20161231 Ver 1_Approval Letter_20170118

Environmental
Quality
January 18, 2017
John D'Angelo
441 North New Drive #3206
Ft. Lauderdale, FL 33301
ROY COOPER
Gena"
WILLIAM G. ROSS, JR.
AChow Soc C11
DWR # 16-1231
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
D'Angelo Hummingbird Trails — Lake Glenville
Dear Mr. D'Angelo:
You have our approval for the impacts listed below for the purpose described in your application
dated December 15, 2016 and received by the Division of Water Resources (Division) on
December 15, 2016, with additional information received on January 11, 2017. 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. Array 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. f 15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0615 (acres)
0.0385 (acres
->-> Nothing Compares.:'.....
State of Noah Carolina I Eavimnmemal Qusiity
2090 U.S, Highway 901 Swonvvmq Notth Caro0na28fl8
828-296-4500

D'Angelo Hummingbird Trails
DWR# 16-1231
401 Approval
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/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 General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Stone used in stabilization shall be of a size and density sufficient to prevent movement
by wave or current action and shall consist of clean rock or masonry material free of
debris or toxic pollutants. The rip -rap shall be installed over a toed in filter fabric to
prevent soil erosion behind the stabilized area. [I 5A NCAC 02H .0507 (c)]
4. Replant or allow the re-establishment of native vegetation in areas within the project
boundary where it has been removed per Exhibit 1 of the Duke Power Nantahala Area
Shoreline Management Guidelines.
5. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)]
This approval and its conditions are final and binding unless contested. [G. S. 143-215.5]
-
ThisCertification 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 GAIT) within sixty (60) calendar days.
A petition form may be obtained from the OAH at htto://www.ncoab.com/ or by calling the
OAH 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 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAR at [phone], 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 OAR

D'Angelo Hummingbird Trails
DWR# 16-1231
401 Approval
Page 3 of 3
If sending via US Postal Service. If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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.mitchellknedem.eov if you have any questions or concerns.
Sincerely,
Z ce, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Melissa Mathis — B.H. Graning Landscapes, Inc. (via email)
Kevin Holland — Duke Energy (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Steve Beasley — Jackson County (via email)
DWR ARO files
D WR 401 and Buffer Permitting Unit (via email)
G:oNR\WQVackson\40l,Wrm-D0nDaagelo Hummingbird Tr Lot 3L\APRVL.401 Dengelo Hummingbird Trails 1.18.2017.doex

Water Quality Certif cation No. 3898
GENERAL CERTIFYCATI f�,F4R PRWECTE ELf IES ON qIq'll
ENGINEERS.REGIONA I N "f 'r00g'C (l,LATE6•
PUBLIC I TILTPES ANU R191 NL IT.1200972 LA ANP,RESERVOIR
hT � � - 3 it NA TVI
AND RIPARIAN REA PR. t7E t Nl1FFER`kULE3Y
Water Quality certification Number 3890 is issued in conformity with the requirements of$edtlon
401, Pgblic Laws 92.800 and M217 of the united States and subject to the North Carolina
bivl5lem of Water Quality Regulations in 18A NCAA O2 .0800 and 16A NCAC 028 0200 for the
discharge of fill material to Waters and wetland areas a$ described in the Wilmington DistelceS -
Regional (General) Permit Number 198200030 and Re kmalTermit Number 198200079 and for
the Riparian Area protection Rulas,(BdfferRulas) In l0 NOAG 02B 0200.
The Biala of North Carolina certifies that the spaclfted category of Activity will not violate
Applicable portions of Sections 301;'302, 803, 300 And 307 of the: Public Laws 92.800 and 95,217
If conducted in accordance with the conditions hereinafter set forth.
(the
of Activities that result in ffi7 dredging orakoavationof waters orweflands below 'the normal
- high waterlovel; or
b) Any Impactassociated with a Nollea of Violation or qq enforcement' Action for violatron(s)
of DWQ Wetland Rales MAA NCAC'02H,08007, Isolated: Wetland Rules fSA NGAC.02H
or
Included In this
Conditions ofCertificstlon:
1. No Impacts Beyond thoseAuthorized ih tha Whtan Approval or Beyond the Threshold of Use
of this Cartiftoation. No waste, spoll, solids, or fill ofany kind shall occur In wetlands„ waters, or riparian Areas
beyond the footprint of the Impacts depicted In the Pra,Conatmoflon Notification, as
apthodzed in the written approval from theOlvisron or beyond the thresholds establishedfor
use of this 00rdfleetion without written allthorizafioll, including Inctdontal Impacts All
eonslntobon activities, Includingthe design, Installation, opatakibn, and maintenance Of
Sediment and aroalon control Best Management:Praotieas shall be parformed so that no
v(olationsof state water quality standards statutes, or rules occur. Approvedplans and
Water Quality CertifiaationNo. 8898 - 1

Water Quality Certification No. 3898
specihcaticnS Cor this project�are Incorporated by reference and are enforceable parts of this
P9rmih -
2`. Standard ErOSlofland Sediment Control Practices
Emaloh and sedimebt controlpreoilcbs must ba in Pull compliance with all specifications
governing the proper design,. Installation and operation and maintonanos of such east
Management Practloa$ and if Applicable, comply with the specific, conditions and
requirements of the NPkES 00h$tmc6n Etoimwater peanut lasued to the site,:
a, Design;. installation. operation, and maintenance of the aredhirOntand erosion control
measures must be such that they aqua] or Oxosdi the•ragulmmanta&pecified In the moat
recemvarsTOn of the NORh G"eYofrpa SadiMantand E%Sion Control ManUah The devices `.
shalt be maintained on all construction Was borrow sitas,-and waste pile (spoil) pCojects,
Including contractor-ownad or leased borrow pita assoelated with the protect,
`b. For
hon'owpit altos the erosion and pediment control measures must be designed;
IttstaUed 6parated, a no maintained Irracaordance wah.thamost reeantVerSldn of the -
No th Ga oil,
SUnAoa Xflning Manual.
c. ROclamaa4n measuro$arla imptemerthrikn must comply With the reclamation in
accordance with the regUlrements of the Sedimentation PcJvbon Control Act and the,
MlnihU Act of 1071,
d> Suffictentmaterials required, for stabMIzati60.andict repair Of efoslotrcohtralm'eaeuros
end stormwafer routing, and treatment shall 110.011 site 81,011 itheS.
-:9.-'If the projeotoccurs Gt waters orwalersheds classified as Primary Nursery Areas (PNAg),r - -
SA. WS -I, WS -11 High Quality (HQW), or Outstanding Resource (ORW)rwaters, risen the
$0dimonlatlon and erosion control designs roust comply'wlth the reeuirememd set forth
Id 1 6 NOAC 04B4O124Desrgm Standards in$l nsb%Wetersdedfa. -
2: No Sediment find Erosion Control Measures in Wetlands orWaters
data that the ➢lvlsion of Land Resources (DI:R)l Or locally delegated program has released.
the epeafloarea within the project, - -
4 Cbhstruchorf Stprmwatar PermitNCtfdl,PQOO
An NPUES Coristruelion Stormwater Permitis required for construotlon projects that disturb
one (1) or mane acre$ of land, 9M1ts PemtiUallaws'*rmwater tp be discharged during land
disturbing construction ectwitles, as sdputated.ihthe conditions gfthe permit Ifyourprolect
is covered by thispermit full compliance with permhconditions Including the erosion&
sedimentation oonirol plan. inspections and maintenance self-mohitoring aecord keeping:
andrepdrtingrat(pUemanpls'.Yagtlhad.AcopygftheeeneraFpermit(NCQ0100DD),
h apdorion log shaetsi and otharimarmatlon ma bo topn(IEt
held /Iodrtal nod.9171'DI'tllwBbiw4fV3el`BU%noda555Yff[aliw,
Water Quality Certification No. a0ll 'Z

Water Quality Certification No. 3898
The North Carolina Departmenfol'Transportation (NC DCT) shall be requited to be in full
compliance with the conditions' rotated to Construction activities within the most recent version'
of their Individual NPDBB (NC8090280) stormwater permit
s. ConstfucdohMoratonumsandCgordinaflon
It obt(vnies must occur during periods of high biological activity (1,e. see turtle nesting, fish
SP9WOingr or bird nesting) than biological moidloriffg may be required at the request of other
state or federal agencies and coordfirl with these activities.,
All moratoriums on construction -activities established by the NO Wildlife Resources
Comindssion (WRC), U$ Fish and Wildlife Service (ttsFWS) NO Division of Marine Fisheries.
(DMF), or National Marine Fisheries Borvrioo (NMF$) to rasion' Impacts on trout, anadromous
lis%. laruallposMlerval fishes and crustaceans, or other aquatic species of Concern shall be
imipternonfed, Exceptions to this condition require written approval by the resource agency .
responsible for the given moratorium,
Work within the twenty Hve (26) designated trout counties or Identified state or federal
endangered or threatened species habitat shalt be Coordinated with the appropriate WRC,
USFWS, NMFB, anrvor OMF personnel.
s. Work In the Dry
Allwork in or adjacent tostream waters shall be conducted so Nat the flowing stream dose
not Come in contact with the distdrhad area. Approved best. managementpractices-from the _
-. most current version of the NO Eedfimantand' Erosion Control Manual, or the NO DCT
Construotlonand Maintenance Activities Mandel, such as sandbags rook berms, cofferdams,
and other divvetsion struoturosandl be used.to minimize excavation in flowing water.
- Exbopterrrs to this condition require application submittal to and widen approval by the - -
Division.
Z. Riparian Area. Protection (Buffer) Rules
"AnMaiPe fn,W dM fh.nInt.hMrl rnAdan areaeIWlinthAr firi9dinlin.91 WWlAnd.IYr n,n.
the use
8,, if concrete is used during the Construction than all necessary measures shall be taken to
prevent direct contact between uncured or curing conorete and Waters of the state Water'
that Inadvertently contacts uncured concrete shall not be disctlarged to waters of the state
-due to the potential for elevated pH andpossibleaquatle lifel fish kills.
9, Rip -rap shalt be installed waterdard of bulkheads installed in freshwater takes to ensure
protection of aquatic habitat. construction bvetvatlands 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 shalltie constructed toprovide for siorage and remoyal of sewage
rather than; allowing raw waste or other sewage to be disposed directly Into surface waters,.
11,. Dead notlffcaffpnsOr similar mechanisms shell be placed on allretained jurisdictional ,
wetlands waters, and protective buffers Within the project boundaries in order to assure
Water Quality Certification No. 3898 9

Water Quality Certification No. 8898
compliance for future wetland, water, and bdffor impact These madhantsms shelf be put In
place atthe time of reoordMd of the orooertv'F ONadIVIt lits whlahe�saomeonefe A
sample deed notlFloatlon can be downloaded from tlie'401NVyflanda int Web site at
htt l,// rtL o r. r lwdw/sw "" a" er Itsi2 I /fdrms, rho,textofthe
sample dead notification may be modified as'oppro ate to suit to a apeoille proleot
Documentation of deed notifications shall be provided to the Civleton Uponrequest.
12, If an environmental document is required under the Mori prior or Store Environmental Policy
Act (NEPA or WA), ton this General Certification is hot valid until a Finding of No
Significant 'Impact(FONSI)or'Record of Decision(ROD,) It issued by the.$tate -
Clearinghouse.
18, In the (wanly (20) coastal counties, the appropriate DWO Regional Office Must be contacted
to determine If Coastal $tormwalor Regulations will be required.
14, This General Certification does not relieve the applicant of thefeapohsibil(ty to obtain all other
required Federal State or Local approvals. -
15. Theapplicant/parmlttee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any relulramehts resulting from
compliance with §303(d) of the Clean Water Act), and any other appropnarerequirements of:
Stabs and Fedarat Law, if thaOlvlOon determines that such s4hndords or laws are not being
metinoludingfailuretoousterAdesignatedorachleveduse,orthatStateorPoderallawis
being violated, or that further conditions are: necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification,
10. When written authorization [a required for use of this cenlficatton, upon completion of all
Permitted impaols included within the approvalertd any subsequent modifications the _
gpplleant shall be required to return the Certificate of completion attached to the approval.
Otte copy of the cartficate shall be senito the DWQ Cerrhal Office in Raleigh at 1650 Mall
Service Cantor. Raleigh NC, 21999-1660.
1T
may
18, This car lification grants permission to the direclor, an authorized representative of the
Director, er DENR staff, upon the presentation of proper ofedontlals,to enter the property
during normal business hours. -
This General Certification shal l expire on rho some day oaths axpBahon date of the
corresponding Nationwide arrdloe 1169tonal General Permit. The conditions in affect on the date
of Issuance of Certification for a apse fic Project shall remain in efl`Cot far the life of the prdleoE,
regardless of the expiration date of this Certification.
of the North Carolina Division ofWator Quality may require- submission of formal
state or
Water Quality Certification No. 3098 4

Water Quality Certification No, 3898
Public hearings maybe held for sp8bflo applications or group of appligatfons prior to a
Certification decision if deemed in the publics beat Interest by the'f)irector of the North Carolina..
Dlvlsiori of Water Quality,
Effective date: March19, 2012
DIVISJOIS4OF WATER QUALITY
By
Charles Weklld., RE,
DifeCter
Water Quality Certification No. 3898 - 8

Environmental
Quality
ROY COOPER
Governor
WILLIAM G. ROSS, JR.
'Whig Secret",
WR Project No.: County:
Applicant:
Project Name:
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.
Applicant's Certification
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:
Ifthis project was designed by a Certified Professional
1, , 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.
"^iVothing Comparesr—, -.
State of North Carolina I Environmental Qtolity
1611 Mail Service Center I Raleigh, Noah Carolina 27699-1611
919407-9000 -