20141270 Ver 1_Approval Letter_20141230

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 30, 2014
Jerry Patton
5674 Anchor Drive
Granite Falls, North Carolina 28630
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
5674 Anchor Drive
Dear Mr. Patton:
John E. Skvarla, III
Secretary
DWR # 14 -1270
Caldwell County
In accordance with your application dated December 9, 2014, approval has'been granted for the impacts listed
in the table below. This approval requires you to follow the conditions listed in the enclosed certifcation(s)
or general permit and any additional conditions listed below.
Project 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 30 issued by the
U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal,
state or local permits before proceeding with your project, including those required by (but not limited to)
Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
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.
ADDITIONAL CONDITIONS
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/Authorization. If you change
your project, you must notify the Division and you may be required to submit a new application package
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] FAX: [phone]
Internet: http: / /portal.ncdenr.org /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer
Amount Approved
Type of Impact
Permanent
Open Waters
Above Pool
Below Pool
0.009 (acres)
0.009 (acres)
ADDITIONAL CONDITIONS
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/Authorization. If you change
your project, you must notify the Division and you may be required to submit a new application package
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] FAX: [phone]
Internet: http: / /portal.ncdenr.org /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer

Patton
12/30/2014
Page 2 of 3
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.
2. Replant or allow the re- establishment of native vegetation in areas within the project boundary where it
has been removed, per Exhibit 1 of the Duke Shoreline Management Guidelines.
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 15.013 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 (919) 431 -3000 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:OOam and 5: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 via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
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:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in 15A NCAC 02H 0.500. Please contact Ed Williams at 828 - 296 -4686 or
[e-mail] if you have any questions or concerns.
Sincerely,
Fu �
G. Lando D idson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Patton
12/30/2014
Page 3 of 3
Enclosures: GC 3898
Catawba Buffer Fact Sheet
Certificate of Completion
cc:
Wade Harmon — Duke Energy
Caldwell County Planning
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ \Caldwell \401s\Non- DOT\Patton 5674 Anchor Dr\APRVL.401Patton 5674 Anchor Dr.12- 30- 2014.doc

Water Quality Certification No. 3898'
Water Quality Certification Number 3898 is issued i n
401 92
, Public Laws -500 and 95-217 of the United
Division of. Water Quality Regulations in 15A NCAC
discharge of fill material to waters and wetland area
Regional (General) Permit Number 198200030 and
the Riparian Area Protection Rules (Buffer Rules) in
conformity with the requirements of Section
States and subject to the North Carolina
02H .0500 and 15A NCAC 02B .0200 for the
s as described in the Wilmington District's.
Regional Permit Number. 198200079 and for
15A NCAC 02B.0200.
The State of North Carolina certifies that the specified category of activity will not violate,
applicable portions of Sections 301, $02, 303, 306 and 307 of the "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 fora 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 (or any 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 KC, Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
Water Quality General Certification must
CAMA;Permit, then one payment to both
two fees,
pct also requires a
be the higher of the
Activities included in this General iCertif cation 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.
21 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 operation 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 Sedirne ,nt 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 -11, 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 sediment 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 .
control devices shall be removed; and the natural grade_ restored within two (2)' months of the 11
date that the Division of Land Resources (DLR)'or locally delegated program has released
the specific area within the project,
4. Construction Stormwater'Permit'NCG01000Q'
An'NPDES'.Construction
one (1) or more acres of
disturbing construction a
Js covered by this permit
, edimentation control plan,
ind reporting requirements
Water Quality Certification No. 3898
Zr it is required for construction projects that disturb
-mit allows stormwater to be discharged during land .
plated in the conditions of the permit. If your project
e with permit conditions including the erosion &
and maintenance, self - monitoring, record keeping
A copy of the general permit (NCG010000)
tition may be found at
2

Water Quality Certification IVo. 3898
The North Carolina Department of Transportation (NCDOT) shall be required. to be in full
compliance with the conditions related to construction at within <the most recent version
of their individual NPDE.S (NCS0.00250); stormwater permit.
5. Construction Moratoriums and Coordination
If activities mustoccur during periods of high biological activity -(Le. 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 riot),
4 Within the. Neuse, Tar- Parnlico, ;or Catawba River B asins or in the Randleman; Jordan, 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 1'5A NCAC 02B .0233_025%,
.0243, .0250,..0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality ta'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

http % /portal ncdenr orglvveb /wwg /swp /ws/ 401 /certsandpermits /apply /farms. The text of the
sample 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,lmpact (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 a pplicant/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 laves are not being
met, including failure to sustain a designated Or achieved use, or that 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 wit h'altapplcable water qualityand effluent
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 GeneralPermit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life cf 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 downstrearn waters are precluded.
Water Quality Certification No. 3808

Water Quality Certification No. 3898
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:
History Note: Water Quality. Certification Number 3898 issued March 19, 2012 replaces WQC
Number 3693 issued: November 1, 2007; WQC Number 363.9 Issued March 19, 2007; WQC
Number 3492 issued December 31 >2004; and WQC Number 3373 issued March 18, 2002, This
General Certification is :rescinded whon 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

oFwA'rF� North Carolina Division of Water Quality LIMA
Riparian Buffer Rules for the
Y ER
Catawba River and Mainstem Lakes
What is a riparian buffer?
A riparian buffer is a strip of
forested or vegetated land
bordering a body of water.
The vegetation and root systems
in a riparian buffer stabilize the
stream bank, preventing soil
from eroding into the water.
Riparian buffers also act as a
filter to remove pollutants.
Preserving riparian buffers is
critical to protecting our water
resources.
Why should we protect
buffers?
Lakes along the mainstem of the
Catawba River are in serious
trouble. Three lakes — Rhodhiss,
Hickory and Wylie —have docu-
mented water quality problems
from excess nutrients (nitrogen
and phosphorous), and others
may follow. Riparian buffers are
one way to protect the Catawba
River and its lakes from stormwa-
ter runoff pollution, particularly
from development activities. .
The benefits of riparian buffers are maximized when
there is diffuse flow of stormwater runoff.
What is diffuse flow?
Diffuse flow refers to overland
water flow that is spread out over
the landscape, not concentrated
into a defined channel.
When is diffuse flow
required? '
Diffuse flow is required on all
buffered streams, regardless of
property size or type of land use.
It must be achieved before storm
water runoff enters the riparian
buffer from new any ditch or
manmade conveyance.
How is diffuse flow
achieved?
Diffuse flow may be achieved by
installing a level spreader or
other diffuse flow device. Level
spreaders and other devices
must be designed according to
the N.C. Stormwater Best
Management Practices Manual
(hftp://portal.ncdenr.org/web/wq
ws /su /bmp- manual).
Benefits of buffers
include:
• Filtering stormwater runoff.
• Providing flood control.
• Stabilizing stream banks.
• Protecting property.
• Adding scenic value to
communities.
• Absorbing excess nutrients.
• Preventing erosion.
• Providing fish and wildlife
Habitat.
• Moderating water temperature.
Where do the Catawba
Buffer Rules apply?
Within 50 feet of all shorelines
along the Catawba River
mainstem below Lake James to
the NC /SC border and all
shorelines of the Catawba
mainstem lakes including, Lake
James, Lake Rhodhiss, Lake
Hickory, Lookout Shoals Lake,
Lake Norman, Mountain Island
Lake and the North Carolina
portion of Lake Wylie.

How are the riparian
buffers measured?
For the Catawba River, the ripar-
ian buffer is measured from the
top of the bank on each side of
the river. For the mainstem lakes,
the riparian buffer is measured
from the full pond level.
The buffer has two zones:
The Catawba Riparian Buffer
rules call for a two -zone buffer as
shown in the diagram. Zone 1
(closest to the shoreline) is an
undisturbed 30 -foot forested
buffer. Zone 2 consists of a 20-
foot zone of managed vegetation.
What is allowed in the
riparian buffers?
The riparian buffer must remain
undisturbed, regardless of the
property size or type of land use,
unless the use is listed in the
rules as exempt, potentially al-
lowable or potentially allowable
with mitigation.
Refer to the "Table of
Uses" in the rules for
specific activities.
Exempt uses are allowed in the
buffer without approval from
DWQ or local delegated
government.
Allowable uses may occur in the
buffer after written authorization
from the DWQ or delegated local
government.
Exempt uses are listed in the Catawba Buffer Rules "Table of Uses." Before
beginning any other activities, contact DWQ or local delegated government.
Potentially allowable with
mitigation uses may occur in the
riparian buffer only after written
authorization from DWQ or dele-
gated local government that in-
cludes a mitigation strategy.
What is mitigation?
Mitigation is a way of offsetting a
project's environmental impacts
to a buffer. A separate buffer miti-
gation rule establishes require-
ments for activities that are deter-
mined to be "allowable with miti-
gation." Mitigation, which is re-
quired at a 1.5 or 2 to 1 ratio, can
take three forms:
• Restoration or enhancement of
a non - riparian buffer.
• Payment of a compensatory
mitigation fee to a wetlands and
buffer restoration fund.
• Donations of real property.
For all uses not listed in the
"Table of Uses," please contact
the Division of Water Quality
or local delegated government
before beginning any activities
in the riparian buffer.
Please contact the N.C. Division of Water Quality regional office nearest
your property to learn more about the Catawba Buffer Rules,
request an on -site determination or report a violation.
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
828 - 296 -4500
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
704- 663 -1699
The Catawba Riparian Buffer Rules, forms and applications are available online at:
hftp://Porta1.ncdenr.org/web/wq/Swp/Ws/401/riparianbuffers