20170084 Ver 1_Approval Letter_20170130

4
Water Resources
Divlro uaccal Quality
January 31, 2017
ROY COOPER
Gm error
MICHAEL S. REGAN
S'ecr"""
S. JAY ZIMMERMAN
Director
DWR# 17-0084
McDowell County
Josh & Charlene Williams
274 Seasons Circle, Apt. 308
Fletcher, NC 28732 -
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Williams 24 Anchor Dr. — Lake James
Dear Mr. and Mrs. Williams:
You have our approval for the impacts listed below for the purpose described in your application
dated January 17, 2017, and received by the Division of Water Resources (Division) on January
20, 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. 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 0211.0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0017 (acres)
0.0023 (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
Slaa ofNarlh Carnfin I E,,,.iac,Aal Quullry I WW, Rea ,m.
20%U S. fth., 70, Swanmmx, Natlh Carolina 28778
828-2964500

Willaims 24 Anchor Drive
DWRH 17-0084
401 Approval
Page 2 of 3
General Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The proposed project must comply with the McDowell County local riparian buffer
ordinance approved by the Division of Water Resources under the Catawba River Basin:
Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b).
4. 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.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Ibis 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 bitp://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:
Ifsending sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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

Willaims 24 Anchor Drive
DWR# 17-0084
401 Approval
Page 3 of 3
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.mitchellgDncdem.gov if you have any questions or concerns.
Sincerely,
ani" Price, P.E�tant 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 — NCWRC (via email)
Ron Harmon — McDowell County Planning (via email)
Carissa Parker — Bennick Enterprises, LLC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\McDowell\401sWon-DOT\Willaims 2A Anchor Dr\"RVL. Williams 24 Mchor Dr 01 3t 2017.docx

KDO
Water -Res iurces
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant
Project Name:
PAT MCCRORY
Gov—
DONALD R. VAN DER VAART
s—v,
S. JAY ZIMMERMAN
D—.,
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 retained 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
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:
/f this project was designed by a CerlifredProfessional
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
SMv ofNoA Car Im I Emvc, nRl QmI, I WaRr Resources
1611 Ylad service Centx I aD i,[L Notlh Camlw 2 7 6 9916 11
919707 M00

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 05217 of the United States and Subject to the North Carolina
Division m Water Quality Regulations in 15A NCAC 02H.0500 and 16A NCAC 028 0200 for the
discharge of fill material to waters and Welland 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 certifiesthat the specified category of activity willnot violate
applicable portions of $actions 301,002, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted inaccordance with the conditions hereinafter setforth.
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: resultin fill, dredging or excavation of waters or wetlands the normal
high water level;: or
b) Any Impact associated with a Notice of Violation or anenforcement action for violations)
of DWG Wetland Rules (15A. NCAC 02H .0500) Isolated Wetland. Rules (15A NCAC 02H
.1300), DWO Surface Water or Wetland. Standards, or Riparian Buffer Rules (I6A. 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 (DOM)
delegation for "ALLOWABLE"activities.
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 thethresholds.
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 shalloccur in wetlands, waters,or riparian areas
beyond the footprint of the Impacts depicted in the Pre-Conatmchen Notification, as
authorized in the written approval from the Division or beyondthe thresholds established for
use of this Certification without written authorization Including incidental Impacts. All
construction activities, including thedesign, 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. i:-
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
Managament Practices and if applicable. comply with the specific conditions and
requirements of the NPOES 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 versionof 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. -
e. Reclamation measures and implementation must comply with the reclamation In
accordance with the requirements of the Sedimentation Pollution Control Act and the
Minting 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 (PNAa),
SA WS -I, WS -II High Quality (HQW) or Outstanding Resource (ORW}waters, then the
sedimentation and erosion Control designs must complywith the. requirements set forth
In 15A NCAC 0413.0124, Design Standards in Sensitife•Watersheds.
3, No Sediment and Erosion Control Measures in, Wetlands or Waters _
Sediment and erosion control measures shall not be placed inwetlands or waters.
EaCeptions to this condition require application submittal to and written approval by the
Division If placement of sediment and erosion control devices In wetlands and waters is
unavoidable, then design and. placement of temporary erosion controlmeasures shall not be
conducted fn a manner that may result in dis-equilibrium of wetlands, stream beds, orbanks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devicesshall 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 NCO010000
An NPOES 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 condition including. the erosion &
sedimentation control plan inspections and maintenance, self- monitoring,: record keeping
and. reporting requirements srequired. A copy of the general permit (NCG010000),
inspection log sheets, and other Information may be found at
http�i/oortal ncdeororg/web/wq/wslsu/nodessw#tab,w,
Water Quality Certification No. 3898 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 therequest of other
state or federal agencies and coordinated with these activities..
INC Wildlife Resources
;:.NC Division of Marine Fisheries
it -larval fishes and crustaceans, or other aquatic speciesof concern shall be
Exceptions tothis condition require written approvalby theresource agency
r 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
B. 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 bestmanagement practices from the
most current version of the NC Sediment and Erosion Control Manual, or the INC DOT
Construction and Maintenance Activities Manual such as sandbags, rock berms, cofferdams,
and other diversion structuresshall 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
Goose Creek Watersheds (or ar
to "uses" identified within and cc
.0243,.0260,.0267 and .0605, F
to have minimaldisturbance to r
through the use of best manage
flow requirements, must be met.
be
3.. 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. possibleaquatic life/ fish kills.
9. Rip -rap shall be installed watemard 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 toprovide 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 futorewetland, water, and buffer impact These mechanisms shall be put In
place at the time of recording of the Property or of individual lots Whichever is appropriate, A
sample deed notification can be downloaded from the 401/Wetlands Unit Web site at
httb4/portal ncdenr org/web/wd/swp/ws1401/certsandoermlts/soply/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 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/permidee 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; Includingfailure 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 27599-1656.
17. Additional site-specific conditions, Including monitoring and/or modeling requirements, may
16_ This certification grants permission to the director, an authorized representative of the.
Director, or:DENRstaff, upon the presentation of proper credentials, to enter the: property
during normal business hours.
This General Certification shall expire onthe same day asthe 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 aformal
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 adverseeffect upon water quality, including state of
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 maybe held for specific applications or group of applications prior to a
Certification decision it deemed in the publio's best interest by the Director of theNorthCarolina
Division of Water Quality, -
Effective date: March 19, 2012
DIVISION; OF WATER QUALITY
By
7-'� 'ezc —1-n�
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