20160641 Ver 1_Approval Letter_20160728

Water Resources
ENVIRONMENTAL QUALITY
July 28, 2016
Ken Feldman
113 Boyberry Drive
State College, PA 16801
PAT MCCRORY
cooaMar
DONALD R. VAN DER VAART
ES,rSa,
S. JAY ZIMMERMAN
D—.
DWR # 16-0641
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Feldman — Broadwater Landing Lot #50
Dear Mr. Feldman:
You have our approval for the impacts listed below for the purpose described in your application
dated June 21, 2016, and received by the Division of Water Resources (Division) June 27, 2016,
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.
IMPACTSAPPROVED
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
Permanent
Open Waters
Above Pool
i Below Pool
0.0188 (acres)
0.0075 (acres)
Stamof N.MC-1.T I P.aVuoo nU1QuWiryIWVQRewurtes
20%US 70 Highway, Swvmoaoa, NoM Caroline 28778
828296-45M

Feldman—Broadwater Landing Lot #50
July 28, 2016
Page2 of 4
ADDITIONAL CONDITIONS
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/Authorizafion and is responsible for complying with all
conditions.
2. Stabilization techniques must meet the General Conditions listed in the Shoreline
Stabilization Technique Selection Process found in Duke Energy's Shoreline
Management Guidelines for the Catawba-Wateree river system 2006 Shoreline
Management Plan.
3. The Permittee shall replant the vegetation within temporarily disturbed areas located
within 30 feet of the shoreline in an "in kind" manner immediately following
construction. (Example: Disturbed areas with pre-existing grassed lawns can be
replanted with grass or trees and woody vegetation. Disturbed areas with pre-existing
trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed
areas with pre-existing forest vegetation must be replanted with forest vegetation
including at least two different native hardwood tree species at a density sufficient to
provide 260 trees per acre at maturity. This density can usually be achieved by planting
approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Replanting of
trees/shrubs/forest must be completed by the first subsequent planting season (November
1 through March 30). Note, if the tree plantings do not survive, they will need to be
replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A
NCAC 02H.0507 (c)]
4. The access corridor(s) must be the minimum width required to get the construction
equipment to the shoreline and shall not exceed 15 feet in width. The number of access
corridors should be limited to the minimum number required to get the construction
equipment to the shoreline (many times only a single corridor is required) and shall not
exceed 2 corridor(s). The access corridor(s) should cross the buffer as close to
perpendicular as practicable and disturbance to existing vegetation should be minimized.
5. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources commission (NCWRC) comment letter dated July 15, 2016 (attached)
to the maximum extent practicable. [15A NCAC 02H.0506 (b)(2)]
This approval and its conditions are final and binding unless contested.

Feldman — Broadwater Landing Lot #50
July 28, 2016
Page 3 of4
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 http://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:OOam and 5:OOpm, 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 fazed transmission.
Mailing address for the OAH:
Ifsending via US Postal Service. Ifsending via delivery service (UPS,
FedEx, etc),
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchellP_ncdenr.sov if you have any questions or concerns.

Feldman — Broadwater Loading Lot 450
July 28, 2016
Page 4 of 4
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: William Elliot — USACE Asheville Regulatory Field Office (via email)
Wade Harmon—Duke Energy
Caldwell County Planning
Andrea Leslie —NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
GAWMWQ\Caldwell\401 Mum-EaDnFeldanm- Broadwomr Landing Lot#50V ]JVMOI.Feldman-Broadwater Loading Lot 50728.16 doex

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 Stales 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 028.0200.
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: 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 resultin 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 streamsand/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), wnhen approval for a 401
Water Quality General Certification must includethe 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 donot meet one of thethresholds
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 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 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 mustbe 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 slormwater routing and treatment shall be on site at all times.
e. if the projectoccurs 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.
S. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion controlmeasures shallnot 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 shallnot be
conducted in 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
date that the Division of Land Resources (DLR) or locally delegated program has. released
the specific area within the project.
4 Construction Stormwater Permit NCG010000
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, 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
htto://portal ncdenrorci/web/wd/wslsutnpdesswttab
Water Quality Certification No. 3898

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) shall berequired 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 NO Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS),,NO Division of Marine Fisheries
(DMF), or National Marine Fisheries Service(NMFS) to lessen impacts on trout, anadromous
fish, larvai/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented Exceptions to this condition require written approval by theresource agency
responsible for the given moratorium.
Workwithin 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 streamdoes
not come in contact with the disturbed area.. Approved best management practices from the
most current version of the NO Sediment and Erosion Control Manual; or the NO DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimizeexcavation 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 Basins or in the Randleman Jordan, or
Goose Creek Watersheds (or any other basin or watershed withbuffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A 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 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
thatinadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possibleaquatic life/ fish kilts.
9. Rip -rap shall be installed waterwam: 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 housesshall. 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

Water Quality Certification No. 3898
compliance for future wetland, water, and buffer impact.. These mechanisms shall be put. in
place at the time ofrecorcimp of the property or of individual lots Whichever Is appropriate. A
sample deed notification canbe downloaded from the 401ANetlands Unit web site at
htto //portal ncdenr org/weblwa/swo/wa/401/certsandpermits//✓aDDDIv/forma. The text of the
sample deed notification may bemodified as appropriate tosuit 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 subsequentmodifications, the
applicant shall be required to return the certificate of completionattached 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
_- - Certifi6ad6n'm order to ensure compliance With all applicable water quality and effluent
standards.
18. This certification grants permission to the director, an authorized representative of the
Director, or:DENR staff, upon the presentationof proper credentials, to enter theproperty
during normal business hours.
This General Certification shallexpire onthe same day asthe expiration dateof 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 Certificationfor 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

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 the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
—In
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 of the Division of Water Quality.
Water Quality Certification No. 3898 5

NCO
Water -Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name: _
PAT MCCRORY
Guvemo.
DONALD R. VAN DER VAART
s"'N.q
S. JAY ZIMMERMAN
D.IM/
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 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
[f 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
Date
S. orNYRh C—Hn. I Emim—rUfl QLa1iry I W.UV R..-
1611 Mao.mv,Canter I a .,K NOMC-1W 27699-16n
9197D79DOO

Mitchell, Robert K
From:
Leslie, Andrea J
Sent:
Friday, July 15, 2016 12:29 PM
To:
Mitchell, Robert K
Cc:
[e-mail]
Subject:
Ken Feldman Shoreline Stabilization
Attachments:
Backyard5treamRepairGuide.pdf
Hi Kevin,
I have reviewed the information sent to me on the Ken Feldman Shoreline Stabilization project on Lake
Rhodhiss in Caldwelt Comity. The applicant proposes to stabilize 164 It of shoreline on Lake Rhodhiss with
rip rap.
We do not object to the project as long as it addresses an active and appreciable shoreline erosion
problem. The photos provided do not show appreciable erosion and the shoreline appears to be gently sloped
and stable, covered in native vegetation. This native vegetation appears to be providing adequate erosion
control.
The shoreline is covered with mature trees and shrubs, and downed trees lay along the shore, providing
important habitat ,for wildlife. Fallen trees and other large woody debris along the shoreline are especially
important, providing cover for various sunfish, largemouth bass, and other fishes in the lake. In addition,
trees and shrubs above the waterline not only stabilize banks but also serve as habitat for wildlife such as song
birds.
If this project is permitted, we offer the following recommendations to minimize impacts to terrestrial and
aquatic wildlife:
1.. Any shoreline stabilization should be limited anarea of appreciable erosion,
2. Large woody debris should be left in place or moved temporarily and replaced after stabilization work is
complete.
1 Retain as many shrubs and trees as possible on the shoreline. The applicants mention that they intend to
replant natural vegetation. Please see attached reference, which contains excellent recommendations on
native grasses, wildflowers, shrubs, and trees to plant on stream banks. These should work well for
Lakeshore, as well.
4. We recommend the use of bioengineering techniques over harclmdng where possible.
Thank you for the opportunity to review and comment on this project. Please contact me if you have any
questions about these comments or need further assistance.
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission

20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
828-558-6011; 828-400-4223 (cell)
www.ncwildlife.ore
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
Rmeil coevespnnd viae mond @um thie senderu subleet m the N.C. Nblia Records U w and m,, be disclosed to Third parties