20210294 Ver 1_Approval Letter_20210422

ROY COOPER.
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROL! NA
Environmental Quality
April 22, 2021
DWR # 21-0294
Stanly County
Jeff Henley
Eagle Creek Renewable Energy
P.O. Box 575
Badin, NC 28009
Delivered via email to [e-mail]
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, 711 Tuckertown Rd., Tuckertown Reservoir
Dear Mr. Henley,
You have our approval for the impacts listed below for the purpose described in your application
submitted on March 29, 2021 and fee received by the Division of Water Resources (Division) on March
29, 2021. These impacts are covered by the attached Water Quality General Certification Number 4134
which can be located at: https://deq.nc.gov/about/divisions/water-resources/water-quality-
permitting/401-buffer-permitting-branch/general and the conditions listed below. This certification is
associated with the use of General Permit Number 30 once it is issued to you 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, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to all conditions. The following proposed impacts are hereby approved. No
other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters — below normal pool
150 sq. ft. (0.003 ac)
Open Waters — above normal pool
1400 sq. ft.
Shoreline Length
30 ft.
1) 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. 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 Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0506]
NORTH
D E
Department of Emlrunmenlal Wally
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

2) The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC
28115) shall be notified in writing once construction at the approved impact areas has
commenced. [15A NCAC 02H .0502 (e)]
3) To the extent practicable, a vegetated strip (trees) along the shoreline should remain to mediate
storm water runoff to the lake.
4) All staging, including spoil, stockpile and construction material, should occur away from the
shoreline to prevent incidental impacts to water quality.
5) All stormwater should be directed as diffuse or sheet flow (not piped) at non -erosive velocities
and should not re -concentrate before discharging into the lake.
6) The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. 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. 15A NCAC 02B .0200
7) The applicant and/or authorized agent shall provide a completed Certificate of Completion Form
to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms) or see attached.
[15A NCAC 02H .0507 (c)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Doug Perez at 704-743 -6872 or [e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
A4.4t4V H Nue4 for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

CERTIFICATE OF COMPLETION
NCDWR 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
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR 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:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee 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