20170063 Ver 1_Approval Letter_20170208

Water Resources
Hnvironmeatal Quality
February 8, 2017
Jack and Lilian Thome
P.O. Box 35
Mill Spring, NC 28756
ROY COOPER
c ...... ,
MICHAEL S. REGAN
se""."
S. JAY ZIMMERMAN
Direelm
DWR If 17-0063
Polk County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
2452 Lake Adger Parkway Shoreline Stabilization
Dear Mr. and Mrs. Thome:
You have our approval for the impacts listed below for the purpose described in your
application dated January 8, 2017, and received by the Division of Water Resources (Division)
on January 12, 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 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 are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
-" Nothdrrg Compares";.....
Stats of North Camllna I rinvhoninoad Quality I Water Resources
2090 U.S. Highway 70, Swannanor, North Carolina 28778
82&2964500

Thome -2452 Lake Adger Parkway
DWR4 17-0063
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0086 acres
0.0086 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 General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at
the water/land interface. Riprap shall be placed as a linear protective measure upon
the regraded slopes. Stone used in stabilization shall be of a size and density sufficient
to prevent movement by wave or current action or stream flow and shall consist of
clean rock or masonry material free of debris or toxic pollutants. The riprap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized area.
This authorizationshall in no way be construed as allowing the installation of
bulkhead or seawall. [15A NCAC 02H .0507(c)]
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 htto://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, INC 27699-6714
Thome-2452 Lake Adger Parkway
DWR# 17-0063
401 Approval
Page 3 of 3
If sending 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 DENR:
William F. Lane, 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 Andrew Moore at 828-296-4684 or
[e-mail] if you have any questions or concerns.
Sincerely,
aZ n Price, Assistant Regional Supervisor
Water Quality Regional Operations
- - Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — DEMLR (via email)
Cathy Ruth — Polk County Planning (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\wQ\Polk\4015\Non-D0T\Thom 2452 Lake Adger Parkway\APRVL.Thom2452LakeAdgerParkway.2-8-17.dou

Water Quality Certification No. 3898
The State of North Carolina certifies: that the specified category of activity willnot violate
applicable portions of Sections 301; 802, 303, 300 and 307 of the: Public Laws 92-600 and 95-217
If conducted in accordance withthe conditions hereinafter set forth.
Activities meetingany 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 I'
high water level, or i
b) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWO Wetland Rules (15A NCAC 021-1.0500). Isolated Welland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A. NCAC: i..
028 0200); or .
c): Any impacts to streams and/or buffers in the Nauss, 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:143.215 3,D(e), written approvaf fora 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 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 Authorizedin: 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, water$,. 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 andmaintenance 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 arm 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 withthe 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.
a. If the projectoccurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
$A, 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 Sensitivo Yatershads.
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, If placement of sedimentend erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
conducted in manner that may result in dis-equilibrium of wetlands, stream beds or banks,
adjacent to or upstream and downsheam 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 NC6o1,0000 _
An NPDES Construction Stormwater Permit is required for construction pmjects.. 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 reoortma reaukements is required A copy of the general Permit(NC©Qt00g0),
Water Quality Certification No. 3898 2

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NO DOT) 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.
All moratoriums on construction activities establishedby 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 (26)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 conditionrequire application submittal to and written approval by the
Division.
7. Riparian Area. Protection (Buffer) Rules
- - --------
Goose
• •.
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 NCACi 028 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 diffus
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 Ne state Water
thatinadvertently 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 shallbe 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. Dead 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 timebf recording of the aropert+gr of In illdual lots whichever is appropriate. A
sample deed notification can. be downloaded from the 4011N/etlands Unit website at
h'ttpJ/portal ncdenr oro/web /swolws/401/car<sandpermits/apoly/forms. The text of the
sample deed notification maybe modified dM, 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..
13.1n the twenty (20) coastal counties, the: appropriate DWQ Regional Office must be contacted
to determine if Coastal $tarmwater 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 appllcantlpermittee and their authorized agents shall conduct all activities In a manner
conslatent 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 conditionsare 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
16. 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 dateof 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 Certificationfor the project and may also result in. criminal and/or civil.
penalties,
The Director ofthe 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 asignificant adverseeffect 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 held for speotflc 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
DIVISION OF WATER QUALITY
By
Charles Wakild,.P E:
Director
History Note: Water Quality Certification Number3898 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007, WQC Number 3639 Issued March 19, 2007, WQG
Number 3492. issued December3l, 2604, and WQC Number 3373, issued March 1$ 2002,. Thiis
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

r ckl_
Water Resources
fr1aimmnavn1Qoafily
WR Project No.:
Applicant:
PmjectName:
ROY COOPER
Gorr„..
MICHAEL S. REGAN
suetmy
S. JAY ZIMMERMAN
Dirertnr
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification car 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
1, , hereby state that, in 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 Penance 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
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2090 UA Highway 70, Swaart Nana Comlina 28778
82&2564500