20140655 Ver 1_Approval Letter_20140716

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 16, 2014
Billy Hendrick
6103 Philadelphia Church Road
Marshville, NC 28103
John E. Skvarla, III
Secretary
DWR # 14 -0655
Montgomery County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Shoreline Stabilization — 294 Springwood Drive
Dear Mr. Hendrick:
You have our approval for the impacts listed below for the purpose described in your application dated
June 24, 2014, received by the Division of Water Resources (Division) June 27, 2014. These impacts are
covered by the attached Water Quality General Certification Number 3898 and the conditions listed
below. This certification is associated with the use of General Permit Number 198200030 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
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. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Open Waters
0.003 (acres)
(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. 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
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone: [phone] \ Internet: http: / /www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by Recycled Paper

Hendrick
DW R# 14 -0655
401APPROVAL
Page 2 of 3
given a copy of this approval letter and General Certification (s) /Permit /Authorization and is
responsible for complying with all conditions.
3. 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 DWR Wetlands and Buffers
Permitting Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650.
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 1508 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice,,a petition must be filed with the OAH. 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 (919) 431 -3100, 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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
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:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
INC DENR -DWR — Wetlands and Buffers
Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR —Wetlands and Buffers
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Hendrick
DWR# 14 -0655
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at (910) 433 -3320 or chad.turlington @ncdenr.gbv if you have any questions or
concerns.
Sincerely,
Belinda S. Henson ,
Regional Supervisor
Division of Water Resources
Enclosures: GC 3898
Certificate of Completion
cc: Christy Wicker - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 files
DWR Wetlands and Buffers Permitting Unit Unit

Water Quality Certification No. 3898
Water- Quality Certification Number 3898 is issued in; conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of-the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B ,0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's
Regional (General). Permit Number 198200030 and Regi "onal Permit Number 198200079 and for
the Riparian Area, Protection Rules (Buffer Rules) in 15A NCAC 02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 ofvthe Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any 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
high water level; or
b) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules.(15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B,.0200); or
c) Any impacts to streams and /or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or.in the Randleman, Jordan or Goose Creek Watersheds (orany 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 (D'CM)
delegation for "ALLOWABLE" activities.
In accordance with :North Carolina,Geheral 5tafute 143- 215.'Z(e), written 61*oval 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.
Activitiesincluded in this General Certification that do, not meet one of the thresholds
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 Authorized in 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, .waters, 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, "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. Approved plans and
Water Quality Certification No. 3898

Water Quality Certification No. 3898
specifications for this project are 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'oper-ation 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 with the 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.
e. If the.project- occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, 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 Sensitive`- Watersheds.
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 sedi -ment and erosion control devices in-wetlands and waters is-
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted -in a manner that may result -in dis- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of -the above structures. All sediment and erosion- -
c9ntrcd 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 Storm water Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects thatdisturb
one -(l-) 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 reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets,, and other information may be found at
hftp://portal.nc'd6ne.org/W4b/wq /"ws/su/npdbts-W#t6b-'w.
Water Quality Certification No. 3898

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) 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 the request of other
state or federal agencies and coordinated with these activities..
All moratoriums on construction activities established by 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 (25) 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 condition require application submittal to,and written approval_ by the
Division.
7. Riparian Area Protection (Buffer) Rules
Activities - located in the protected riparian areas (whether jurisdictional wetlands or not),
within the euse, Tar,Pamlico, or Catawba River asins or Fn t e an eman, or an, or
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 NCAC 02B .0233, .0289,
.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 diffuse
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 the state., Water
that inadvertently 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 shall be 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. Deed 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 3

Water Quality Certification No. 3898
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from'the 401/Wetlands Unit web site at
http: / /Portal.ncdenr.org/ web /wd /swp /ws /401 /certsandO rtMitt /apply /forms. The text of the
sampie deed notification may be modified as 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. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to- determine if Coastal Stormwater 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 applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent 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 conditions are 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
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with-all applicable water = quality andrvef IU-- en
tT - -- "
standards.
18. 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 date of 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 Certification for the project and may also result in criminal and /or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application .-for Individual Certification.for.any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect 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 4

Water Quality Certification fro. 8898
Public hearings may be held for specific 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 Number 3898 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007; WQC Number 3639 issued March 19, 2007; WQC ,
Number 3492 issued December 31, 2004; and WQC Number 3373 issued March 18, 2.002. This
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

AA=
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
DWR Project No.:
Applicant:
Project Name:
John E. Skvarla, III
Secretary
County:
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 DWR Central Office —
Wetlands and Buffers Permitting Unit at 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:
Date
Registration No.
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone: [phone] Internet: http: / /www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by Recycled Paper