20180891 Ver 1_Approval Letter_20180821

State of North Carolina | Environmental Quality
2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828-296-4500

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director Water Resources
Environmental Quality

August 21, 2018
DWR # 18-0891
Caldwell County

Doug Johnson
303 Captain’s Way Ct
Granite Falls, NC 28630

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Johnson, 5710 Lake Pointe Dr (Lot 29) – Lake Rhodhiss

Dear Mr. Johnson:

You have our approval for the impacts listed below for the purpose described in your application
dated June 21, 2018, and received by the Division of Water Resources (Division) on June 27,
2018, with additional information received on July 16, 2018 and August 15, 2018. These impacts
are covered by the attached Water Quality Certification Number 4145 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 comply with the following conditions listed in the enclosed
certification or general permit and the following 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. This
approval includes grading at the shoreline to achieve a 2:1 slope. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0243]

Type of Impact

Amount Approved
Permanent
Open Waters Above Pool Below Pool
0.0230 (acres) 0.0046 (acres)

Johnson, 5710 Lake Pointe Dr (Lot 29)
DWR# 18-0891
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. [15A NCAC 02H .0507 (c)]

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.

5. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer rules
[15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain
a description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.

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 thirty (30) 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 8:00am and 5:00pm, 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.

Johnson, 5710 Lake Pointe Dr (Lot 29)
DWR# 18-0891
401 Approval
Page 3 of 3

Mailing address for the OAH:

If sending by First Class Mail via US
Postal Service:

If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:

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 and
the Catawba Riparian Buffer Rules as described in 15A NCAC 02H .0500 and 02B .0243.
Please contact Amy Annino at 828-296-4656 or [e-mail] if you have any
questions or concerns.

Sincerely,

Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Enclosures: GC 4145
Certificate of Completion

cc: William Elliot – USACE (via email)
Wade Harmon – Duke Energy (via email)
Shelly Stevens – Caldwell County Planning Dept (via email)
DWR ARO 401 files

G:\WR\WQ\Caldwell\401s\Non-DOT\Johnson, 5710 Lake Pointe Dr\20180821_Johnson, 5710 Lake Pointe Dr (Lot 29)_APRVL.docx

North Carolina Department of Environmental Quality | Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

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
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:_________________________________
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:_________________________________
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: ______________________________________ Registration No. ________________
Date ____________________