20070211 Ver 1_Approval Letter_20070330

d~ W ATFR Michael F. Easley, Governor
~,~~
~~' '`~~G William G. Ross Jr., Secretary
~ ~ '~ ~ North Carolina Department of Environment and Natural Resources
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p ' -~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 30, 2007
DWQ Project # 07-0211
McDowell County
Darryl Penner
3713 Mooreland Drive
Charlotte, NC 28226
Subject Property: Old Wildlife Club/Phase 1/Lot #8
Old Wildlife Club Drive, Nebo, NC 28761
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Penner:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 1495 linear feet of shoreline for the
purpose of stabilization at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on February 5, 2007. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3639 (GC3639). The Certification(s) allows you
to use Regional General Permit(s) 19820030 when issued by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, and buffer
regulations. Also, 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 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the nev~r owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
No ehCarotina
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North Carolina Divison of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterqualiry.org FAX: [phone]
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Darryl Penner Property
Page 2 of 4
March 30, 2007
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Shoreline 1495 linear feet) A
2. Erosion & 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 in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the

Darryl Penner Property
Page 3 of 4
March 30, 2007
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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 the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length :height) slope and riprap applied at
the water /land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
9. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
10. Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky

Darryl Penner Property
Page 4 of 4
March 30, 2007
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow,
sycamore) to provide long-term bank stability and stream shading. Note, silky
dogwood, silky willow and black willow can be planted as live stakes collected during
the dormant growing season. Cuttings should be randomly planted on four (4) foot
centers from the waters edge to the top of the bank. Trees should be planted on ten
(10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 1506 of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnett(a~ncmail.net or at 828-296-4657.
Sincerely,
____---
~t Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3639
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Mrs. Larissa Castle
Bennick Enterprises
1769 Waterford Way
Morganton, NC 28665
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-0211.PennerProperty.WQ3639.Approval