20170005 Ver 1_Approval Letter_20170123

Water Resources
Environmental Quality
January 23, 2017
Don Underhill
157 Uwharrie Landing Dr.
Mt. Gilead, NC 27306
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DW R # 17-0005
Montgomery County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
157 Uwharrie Landing Dr., Lake Tillery
Dear Mr. Underhill:
You have our approval for the impacts listed below for the purpose described in your
application dated December 12, 2016, received by the Division of Water Resources (Division)
December 30, 2016. These impacts are covered by the attached Water Quality General
Certification Number 3898 and the conditions listed below. This certification is associated with
the use of General Permit Number 198200030 once it is issued to you 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, and Water Supply Watershed 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 are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and (c)]
-:> Nothfng Compares`: -
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-161.1
919-707-9000

Van Der Noord
DWR# 17-0005
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Water
0.0083 (acres)
(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.
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)]
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 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 http://www.ncoah.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:OOam and S: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 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

Van Der Noord
DWR# 17-0005
One (1) copy of the petition must also be served to DEQ:
John Evans, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Chad Turlington at [phone] or [e-mail] if you have
any questions or concerns.
Sincerely,
Trent Allen
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC 3898
cc: Brennan Dooley - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 file
DWR 401 & Buffer Permitting Unit file (via email)
Robert Gallagher — Lakeside Contractors (via email)

Water Resources ~
Environmental Quality
DWR Project No.:
Applicant:
Project Name:
ROY COOPER
Governor
MICHAEL S. REGAN
Secreuny
S. JAY ZIMMERMAN
Director
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 DWR Central Office—
Wetlands and Buffers Permitting Unit at 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
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:
Agent's Certification
Date:
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 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:
Date
Registration No.
' >^ othing Compares,-
State of North Carolina I Environmental Quality
16t 1 Mail Service Center I Raleigh, North Carolina 27699-16t I
919-707-9000

Water Quality Certification No. 3898
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 15A NCAC 02B.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 95-217
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" )`
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 violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAG 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (I 6A NCAC
02B .0200); or
c) Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River
Basins or in 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 1A3-21 ,3D(e), written approva ora .
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 most 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, installationand 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 ErosionControl Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or [eased borrow pits associated with the project.
J. 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 1971,
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater'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, WS -I, WS -Ii', High Quality (HQW), 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
and erosion control measures shall not be, placed In or waters.
is to this condition require application submittal to and written approval by the
If placement of sediment and erosion control devices in wetlands and waters is
pie, then design and placement of temporary erosion control measures shall not be
J in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
o or upstream and downstream of the above structures. All sediment and erosion
:vices shall be removed and the natural grade restored within two (2) months of the
the Division of Land Resources (DLR): or locally delegated program has released
is area within the project,
4. Construction Stormwater Permit NCGO10000'
An NPDES Construction Stormy
one (1) or more acres of land. 7
disturbing construction activities
is covered by this permit, full cor
sedimentation control plan, inspi
and reporting requirements isle
inspection log sheets, and other
Water Quality Certification No. 3898
3rmit is required for construction projects that disturb
mit allows stormwater to be discharged during land
ulated In the conditions of the permit. If your project
e with permit conditions including the erosion&
and maintenance, self-monitoring, record keeping
A copy of the general permit, (NCG010000),
3tion may be found at
2

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),'NC 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 adjacentto stream waters shall
not come in contact with the disturbed area.
most current version of the NG Sediment and
Construction and Maintenance Activities Man
and other diversion structures shall be used t
Exceptions to this condition require applicati
Division.
7. Riparian Area Protection (Buffer) Rules
in
be conducted so that the flowing stream does
Approved best management practices from the
Erosion Control Manual, or the NC DOT
ual, such as sandbags, rock berms, cofferdams,
o minimize excavation in flowing water.
on submittal to and written approvalby the
Goose Creek Watersheds (or any other basin or
to "uses" identified within and constructed in ace
.0243, .0260, .0267 and .0605, and shall be loca
to have minimal disturbance to protect water quF
through the use of best management practices..
flow requirements, must be met.
tional wetlands or not),
Randleman, Jo-rdan", or
buffer rules) shall be limited
A NCAC 02B .0233, ,0259,
onstructed, and maintained
ium extent practicable
quirements, including diffuse
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 shalt 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 of recording of the Property or ofindividual lots whichever is appropriate. A
sample deed notification can be downloaded from the 4 %Vetiands Unit web site at
http•//portal ncdenr oralweb/wq/swp/ws/401 /rertsandpermitstapplyiforms. The text of the
sample deed notification may be 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 SEPA), 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 Stormwater 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 applicant/permittee 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 standards 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 subsequentmodifications, 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, 27699-16$0.
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 of this 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 a
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
DIVISIONOF WATER QUALITY
By
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