20150559 Ver 1_Approval Letter_20150618

North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 19, 2015
Steven W. Pennell
1229 C 10th Street Boulevard NW
Hickory, North Carolina 28601
Donald R. van der Vaart
Secretary
DWR # 15 -0559
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
6144 Plantation Pointe, Hickory, NC, Caldwell County
Dear Mr. Pennell:
In accordance with your application dated June 4, 2015, approval has been granted for the
impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(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.
Amount Approved
Type of Impact Permanent
Open Waters Above Pool Below Pool
0.0215 (acres) 0.0062 (acres)
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: [phone] Internet: www,ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Steven W. Pennell
June 19, 2015
Page 2 of 3
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 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 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 httD: / /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 8:00am and 5:00pm, 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:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Steven W. Pennell
June 19, 2015
Page 3 of 3
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 ed.williams(a,ncdennizov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Catawba Buffer Fact Sheet
Certificate of Completion
ec: Wade Harmon — Duke Energy
Caldwell County Planning
Tasha Alexander - USACE Asheville Regulatory Field Office
Cathleen Adkins — Catawba Valley Property Management, LLC
cc: DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ \Caldwell \401s\Non- DOT\Pennell - 6144 Plantation Pointe \APRVL401Pennell_06182015.doc

4•a
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
DWR 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 and Buffer Permitting Unit, North
Carolina Division of Water Resources, 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: Registration No.
Date
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: [phone]'k FAX: [phone]
Internet: http : / /poral.ncdenr,orglweblwq /v6
An Equal Opportunity 1 Affirmative Action Employer

o�QFWnrFgoG North Carolina Division of Water Quality
Riparian Buffer Rules for the
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
( httl): / /portal.ncdenr.orq/web /wa/
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:
hfto://Dortal.ncdenr.ora/web/wa/swD/ws/401/riDarlanbuffers

Water Quality Certification No. 3898
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S.; ARMY CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC REGULATED
PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR
MAINTENANCE, REPAIR AND CONSTRLICTION ACTIVITIES)
AND RIPARIAN AREA PROTECTIONRULES (BUFFER RULESI
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 Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer:Rules) in 15A NCAC 0213.0200.
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 of the 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 (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 N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE activities
In accordance'with North Carolina General Statute' 143- 215.3D(e), written' approval for a'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.
Activities included 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. StandardErosion 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.these0iment and erosion control,
measures must be such that they equal or exc I eedAh . e require, me n,ts 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 andlor 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' Nursery Areas. (PNAs),
SA, WS- . I WS -Ili -Ili High Quality (HQW) or Outstanditig Resource (ORW) waters, then the
sedimentation and erosion control designa must cornplywith the requirements set forth
in 15A NCAC 04 8 10124, 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 abovestructures. All sediment and erosion
control devices shall be removed and the natural . grade restored within two (2) months of the
date that the Division of Land Resources (QLR) I or locally delegated program has released
the specific area within the project,
4. Construction StormwaterPermit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) 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, inspe..6tions and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCGO10.000),
inspection IN sheets, and other information may be found at
Water Quality Certification No. 3898 2

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 /past - 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 80 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, by the
Division.
7. 'Riparian Area Protection (Buffer) 'Rules
Activities' located in the protected' riparian areas (whe`
within the Neuse, Tar - Pamlico, or'Cdf wba River B`as
Goose Creek Watersheds (or any other basin or Ovate
to "uses" identified within and constructed in accordar
.0243,'.0250, .0267 and .0605, and shall be located, (
to have minimal disturbance to protect water quality ti
through the use:of best management practices, All bi
flow requirements, must be met.
irisdictional wetlands or not),
ed with buffer rules) shall be limited
with 1'5A NCAC 02B .0233, .0259,
igned,,constructed „and. maintained
e maximum extent practicable
r rule requirements, including diffuse
8. If concrete is used during the construction, then all necessery,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 of the time of recording of the property or of individual lots, whichever is'aonropriate.. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
httpa/ portal .ncdenr.oratweb /wglswp /ws/ 401 /certsandpermits /apply /forms. 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 Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse,
11 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 applicanVpermittee'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 approvafletter for projects proposed under this Water Quality
Certification in order to ensure compliance with'allapplicablewater quality "and 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 Gen eral <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 No. 3898
Public hearings maybe held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by thOirector 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, 2002. 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 bf the Division of Water Quality.
Water Quality Certification No. 3898 5