20180582 Ver 2_Approval Letter_20200408

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Cashiers Canoe Club Development LLC
Attn: Ms. Roseanne Giordani
PO Box 300849
Austin TX 78703
NORTH CAROLINA
Environmental Quality
April 8, 2020
DWR # 20180582 v2
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Cashiers Canoe Club Development
USACE Action ID. No. SAW-2016-00032
Dear Ms. Giordani:
Attached hereto is a copy of Certification No. WQC004221 issued to Ms. Roseanne Giordani and
Cashiers Canoe Club Development LLC, dated April 8, 2020. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including those required by
(but not limited to) Sediment and Erosion Control, NC Dam Safety Program, Non -Discharge, Division of
Waste Management, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. 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 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 8:00am 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.
North Carolina Department of Environmental Quality I Division of Water Resources
E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
� noon t`oi e� �. men�d�oua1fly 919.707.9000

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 2 of 8
Mailing address for the OAH:
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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This Certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
S
S. Daniel Smith
Director, Division of Water Resources
cc: Clement Riddle, ClearWater Environmental Consultants Inc. (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20180582v2CashiersCanoeClub(Jackson)_401_IC.docx

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004221is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
to Ms. Roseanne Giordani and Cashiers Canoe Club Development LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 12, 2019 and subsequent information on July 15, 2019, August 12, 2019,
August 21, 2019, August 30, 2019, November 27, 2019, December 16, 2019, December 20, 2019, March 3,
2020, March 26, 2020 and by Public Notice issued by the U. S. Army Corps of Engineers and received by
the Division on May 9, 2019.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the Certification below.
Conditions of Certification:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
Impact# 3
0.10 (acres)
0 (acres)
Impact# 9
0.03 (acres)
0 (acres)
Impact# 10
5.07 (acres)
0 (acres)
Impact# 11
0.21 (acres)
0 (acres)
Impact# 12
1.15 (acres)
0 (acres)
Impact# 13
0.36 (acres)
0 (acres)
Impact# 14 & 15
0.21 (acres)
0 (acres)
Open Waters
Impact# 1
3.34 (acres)
0 (acres)
Impact# 2
0.52 (acres)
0 (acres)
Impact# 5
0.87 (acres)
0 (acres)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: [15A NCAC
02B .0506(h)l

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 4 of 8
Compensatory Mitigation Required River and Sub -basin Number
Wetland 1 10.07 (acres) Savannah 03060102
Prior to the construction of any future impervious surfaces within the adjacent Cashiers Canoe Club
Development properties, you are required to secure a stormwater management plan (SMP)
approval from the Division of Energy, Mining and Land Resources (DEMLR) in accordance with 15A
NCAC 02H .1021 The project must be constructed and maintained in compliance with the approved
SMP at all times. After the approval letter is issued, the SMP may not be modified without prior
written authorization from DEMLR. [15A NCAC 02H .0506(b)(5)] [15A NCAC 02B..0506(b)(5)1
4. The Permittee shall conduct a preconstruction meeting with the construction contractor prior to
disturbance of the impact area. The Division shall be notified of the meeting three weeks prior to its
scheduled date. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
Streamflow must be maintained within the Chattooga River downstream of the lake during
maintenance activities and pond/lake re -filling. A minimum of 70% of lake inflow shall be
maintained in the receiving stream at all times. The Permittee shall measure inflow and outflow
throughout the duration of the project and shall keep records of all flow measurements. [15A NCAC
02B .0211 (2)]
6. The receiving stream shall be monitored for turbidity and sedimentation throughout the duration of
the project. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15A NCAC 02B .0200. The Permittee shall conduct turbidity monitoring in accordance
with the proposed Turbidity Monitoring Plan version 2.1 dated November 27, 2019. The Permittee
shall cease all in -water activities other than to modify or repair erosion and sediment control
measures and shall notify the DWR Asheville Regional Office and NCWRC within 24 hours of discovery
of any exceedances of the above stated turbidity levels. [15A NCAC 02B .0211 (21)]
7. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
9. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973). The Permittee shall inspect all erosion
control measures after each precipitation event and maintain and/or repair all measures immediately
as necessary. [15A NCAC 02B .0211 (21)]

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 5 of 8
10. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
12. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
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
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
13. All work in or adjacent to streams 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. [15A NCAC 02H .0506(b)(3) and (c)(3)]
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
15. If concrete is used during 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. [15A NCAC 02B .0200]
16. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. All proposed and approved temporary pipes/culverts/riprap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 6 of 8
18. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
19. Any riprap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
20. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall
be put in place at the time of recording of the property or individual parcels, whichever is appropriate.
[15A NCAC 02H .0501 and .0502]
21. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
22. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
23. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
24. In accordance with 143-215.85(b), the Permittee shall report to the Asheville Regional Office at 828-
296-4500 (after hours and on weekends call 800-858-0368) any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 7 of 8
25. Ms. Roseanne Giordani and Cashiers Canoe Club Development LLC shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State and Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws
are not being met (including the 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, the
Division may reevaluate and modify this Certification. Before modifying the Certification, the Division
shall notify Ms. Roseanne Giordani and Cashiers Canoe Club Development LLC and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Ms. Roseanne Giordani and Cashiers Canoe Club Development LLC in
writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
26. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
27. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
28. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
29. 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. [15A NCAC 02H .0502(e)]
30. 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.

Cashiers Canoe Club Development
DWR Project #20180582 v2
Individual Certification # WQC004221
Page 8 of 8
31. The permittee shall report to the Asheville Regional Office at 828-296-4500 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 to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 81h day of Apri 202
S. Daniel Smith, Director
Division of Water Resources
SLH
WQC004221