20160703 Ver 1_Approval Letter_20160816

NCO
Water Resources
ENVIRONMENTAL QUALITY
August 16, 2016
Bruce E Johnson
25 Upper Brush Creek Road
Fletcher, NC 28732
PAT MCCRORY
G --
DONALD R. VAN DER VAART
Seorelory
S. JAY ZIMMERMAN
D—d-
DWR # 16-0703
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Johnson — 308 Burnt Ridge Road
Dear Mr. Johnson:
You have our approval for the impacts listed below for the purpose described in your application
dated July 11, 2016, and received by the Division of Water Resources (Division) July 18, 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
Below Pool
0.006 (acres)
Sure ofNoM Caulwa I Eawo—W Quality I Fame Resources
2090 US 70 FEghwa,,, Swannanoa, NoM Carolina 28778
828296-0500

Johnson -308 Burnt Ridge Road
August 16, 2016
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. No Impacts Beyond those in Application
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. 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. The turbidity standard
of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A
NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to
meet this standard. Lake Lure is classified as B; Trout waters.
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 httn://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 (I) 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 OAR 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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

Johnson -308 Boost Ridge Road
August 16, 2016
Page of3
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
[e-mail] if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regiona� sor
Water Quality Regional Operations
Asheville Regional Office
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Clint Calhoun — Town of Lake Lure (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\RuNerfordW0lsWon-DONohnson-308 Bum[ Ridge Road1APRVL401.JOhn,. - 308 Bumt Ridge Road 08.16.2016 Aocx

Water Quality Certification No. 3898
Water Quality Certification Number 3898 is issued in conformity with the requirements of Section
401, Public Laws 92-5Q0 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 18A 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 02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 308 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance withthe conditions hereinafter set forth.
Activities meeting. any one (1) of the following thresholds or circumstances requirewriften
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division" )i
a) Activities that resultin fill, dredging or excavation of waters or wetlands below thenormal
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 021-1.0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Welland. Standards, or Riparian Buffer Rules (I6A 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 Certificationmust 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 kindshall 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 they 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 must bedesigned,
.
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 Primary Nursery Areas (FNAs),
SA, WS -I, WS -II High quality (HOW), or Outstanding. Resource (ORW) waters then the
sedimentation and erosion control designs must comply with the requirements setforth
in ISA NCAC 048 .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 conditionrequire application submittal toand 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 measuresshall not be
conducted in a manner that may result indis-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 Lend Resources (DLR) or locally delegated program has released
the specific area within the project,
4. Construction Storm Water Permit NCG010000
An NPDES. Construction Stormwater Permit is required for construction projects 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, seif•monhoring, record keeping.
and reporting requirements is required. A. copy of the general permit (NCG010000),
inspection loge sheets, and other information may be found at
http7/portal.nodenr.org/web/W(I/­`ws/ou/npdessw#tab- .
Water Quality Certification No. 3898

Water Quality Certification No, 3898
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their Individual NPDES (NCS000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS); NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25)designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work In or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area.. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
_ _.
within the Neuse, Tar -Pamlico, or Catawba River Basins 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 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 contactbetween 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

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 orooertv or of Individual lots whichever is appropriate. A
sample deed notification can be downloaded from the 401)Wetlands Unit web site at
htto://portal ncdenr orci/web/wci/swi)Ms/401/Certsandpermits/apply/forms. The text of the
sample deed notification may bemodified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
12. If an environmental document is required under the National. or State Environmental Policy
Act (NEPA or SEPA), then this General Certification. is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the State
Clearinghouse.
13. In'the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater..Regulations -will be required.
14. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. The applicant(permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Divisiondetermines 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 reevaluateand modify this General Water quality Certification.
16. When written authorization Is required for use of this certification, upon completion of all
permitted Impacts included within the approval and any subsequent modifications, the.
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office In Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
17. Additional site-specific conditions, including. monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order'to ensure compliance with all applicable water quality 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 theproperty
during normal business hours,
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forthby a specific project may result
in revocation of this General Certification for the project andmay 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 asignlficant 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
Charles Wakild, P.E.
Director
History Note: Water Quality Cetbrication 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

Water -Resources,
exvlxoNnenrAL ocAury
PAT MCCRORY
ca>ann.
DONALD R. VAN DER VAART
S""'q
S. JAY ZIMMERMAN
D..'
WR 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 D WR 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 Pennitee 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
Slab ofNort Cvo1—I Hnv4—nn l Quality I Wame R,s—es
1611 Mail setnce Cenbt IRalei614 No C-1-21699-1611
9197079!100