20151159 Ver 1_Approval Letter_20151124

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 24, 2015
Mark and Lori Davis
370 Pine Lake Drive
Siler City, NC 27344
Donald R. van der Vaart
Secretary
1\
1
DWR # 15-1159
Montgomery County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
400 Plantation Way, Swift Island Plantation
Dear Mr. and Mrs. Davis:
You have our approval for the impacts listed below for the purpose described in your application
dated November 2, 2015, received by the Division of Water Resources (Division) November 5,
2015. 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 certifications) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific
and general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and (c)]
225 Green Street -Suite 714 Fayetteville, North Carolina 28301-5095
Phone: [phone]/Fax: [phone]/Customer Service: 1-877-623-6748
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Davis
DWR# 15-1159
401 APPROVAL
Page 2 of 3
Type of Impact
Open Water
Amount Approved
(units)
Permanent
0.0103 (acres)
Amount Approved
(units)
Temporary
(acres)
s
2. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by referen
3. ce 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 General Certification(s)/Permit/Authorization and is responsible
for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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 httr)://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 [phone], 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 27609-62815

Yj
Davis
DWR# 15-1159
401APPROVAL
Page 3 of 3
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. Please
contact Chad Turlington at [phone] or [e-mail] if you have any
questions or concerns.
Sincerely,
T � �A�9'
rag- Belinda S. Henson
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC 3898
cc: Robert Gallagher — Lakeside Contactors (via -email)
Brennan Dooley - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 file
DWR 401 & Buffer Permitting Unit file

Water Quality Certification No. 38.98
GENERAL CERTIFICATION FOR, PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS REGIONAL PERMIT`,NUMBER •198200030- (TVA. OR -FERC REGULATED
PUBLIC UTILITIES1 AND REGIONAL PERMIT -198200079 1COE LAKE AND RESERVOIR
MAINTENANCE,REPAIR AND CONSTRUCT116N-ACTIVITIES)
AND RIPARIAN AREA PROTECTION RULES (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 026.0200 for the
discharge cif 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,NCAG 02B .0200.
The State of North Carolina certifies that the specified.category of activity will not violate
applicable portionsof Sections 301, 302, 303, 306 and 307 -of the Public Laws 92-50.0 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 WaterQuality 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 02"H .0500), Isolated Wetland Rules (15A NCAC 02H
.1300), RWQ 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 [%ffer 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 General Statute.143=215.3D(e); written approvahfor a
Water Quality General Certification most 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
listedrabove do, notrequire 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.-Marnagement 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 -opera tion -and mairitenance-of such Best
Management Practices anis if applicable, cd mply:with_the 6pecific.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•"exceedthe:requirerrients specified in the most
recent version of the North Carolina 'Sediment and Ei6s%On-Control'Manual. The devices
shall -be maintained on all --construction sites, -borrow site`_s;:and"waste pile (spoil) projects,
•induding.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 accor'dance;with'the most recent version of the
North Carolina Surface Mining Manual.
c. ;Reclamation -measures and implementation must compiy,with the•'reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. iSuffiicient materials required for stabilization •and/or 'repair oferosion-,control measures
and-stormwaterrouting and treatment shall�be=on site�afall'times:
e. If ilie.project occurs in waters or watersheds classified as Primary Nursery Ateas (PNAs),
SA,.=WS-I, WS -II, High Quality (HQW)„ orr7utstanding'Resource,(ORW)'waters,,;then the
sedimentation- and erosion control,.desig6t-must:corimpli'with;th6 requirementssetforth
in 15A NCAC 04.1:0124, Design• Standards in .Sensitive_ Watersheds: +
3. 'NO,- ediment and Erosion Control Measures in Wetlands 6r-Wat&(sr-
Sedimenfa -d erosion,control'rneasures•shall not:be placed;tii w6 lands or -waters.
Exceptions to this condition require_application submittallo;, , 'ritten approval by the
Division.- If placemenf�of=sediment-and -erosion control ---devices in-Wetlarids'and waters is
unavoidable, then design and placement of#erriporary erosion control measures shall not tie.
conducted in a manner that may result in dis= •equilibrium. ofwetlands; stream beds,,or',bank"s,,
adjacenfto 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)'monttis of the
date,that:the Division of Land Resources (DLR). or locaIly�delegated-,program m has released'
the -specific area within the project.
4. Construction •Stormwater_ Permit 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 cohditions of -the. permit. If your project
is,covered by.thispermit,-ful(compliance-with permit conditions=including the -erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record..keeping
and reparting'._requirements is required. A copy,of-the_g"eneral.:p_er''i it (NCG010000);
inspection log sheets,,and other information may be -found at
°http°%!portal ncden`r:orq%web/wpZws/sulnpdessw#tali=w:'.
Water Quality Certification No. 3808

Nater 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.concem 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,
OSFWS, 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
mostcurrent 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 Neuse, Tar -Pamlico, or Catawba River i3asins ar 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 with15A NCAC-02B .0233, :0259,
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 manageinentpractices. All' buffer -rule requirements, including diffuse
flow requirements, must be met.
8., If concrete -is used during the_construction, then all necessary..measures shall betaken 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 boathouses 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.j"urisdictional
wetlands; waters, and protective buffers within the project boundaries in order to assure
Water Quality Certification No. 3898

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-propertv`or of-individual`lots. whichever is appropriate. A -
sample deed notification can be downloaded from the 401/We00nds Unit web site at
http://Ddrtal.ficden-r.ora/web/wa/swb/ws/4011certsandD6rmits/aDDIY/forms. The text of the
sample deed notification may be�medified as�approphaite`to suit to - 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-reguirements 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
W66 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 foruse-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-sife-_specific conditions, including monitoring.and/or modeling requirements, may
Certifded tn'in order to ensure corn lr,for projects proposed under this Water Quality
be added to the.written a rova( tette
lance withal_ applicable_wafer.quality-and
standards.
18. This -certification grants"permission tc-thedirector, an authorized representative.ofthe
Director,-,,or.DENR staff, upon the presentation of proper credentials, -to enter the; property
duringnormal business hours.
This General Certification shall expire on.the same day as, the -expiration date of the
corresponding Nationwide and/& Regional .General Permit The, conditions in effect on the date
of issuance of_Certification-for a specific project-sha11 remain in effect forthe 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 Gene railCertification for the project and may also regiilt in criminal a_nd/or_civ'il
penalties.
-The Director of the North Carolina Division_ of Water Quality may require submission of a formal
application "forlridiVidual Certification for any project 1-n,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, wetiand `or dowr%treiamwaters are precluded.
WaterQuality Certification -No, 3898 4

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.
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 Nutnber 3373 issued March 18, 2002. -This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide, and%r Regional General"Permits or -when deemed_ appropriate by the
Director,of the Division- of Water Quality.
Water Quality Certification No. 3898 5

North Carolina Department of Environmental Quality
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 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: Registration No.
Date
225 Green Street -Suite 714 Fayetteville, North Carolina 28301-5095
Phone: [phone]/Fax: [phone]/Customer Service: 1-877-623-6748
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper