20160792 Ver 1_Approval Letter_20160906

1�
Water Resources
ENVIRONMENTAL QUALITY
September 7, 2016
PAT MCCRORY
G.—
DONALD R. VAN DER VAART
S""Z
S. JAY ZIMMERMAN
D—, -
D WR 4 16-0792
Burke County
Amos Morse
6234 Drake Lane
Nebo, NC 28761
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
PROJECT NAME: Morse — 6234 Drake Lane
Dear Mr. Morse:
In accordance with your application dated August 10, 2016 and received by this office August
16, 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. Ibis 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
0.0021 acres)
0.0041 (acres)
SMte ofNoM Carolina I envi VLnAntal Quality I Water RMAUYw
2090 US 70 ughy SwT—Aca, NOM Cmfra 28778
8282964500

Morse -6234 Diakc Lane
September 7, 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/Authorizafron and is responsible for complying with all
conditions.
2. The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Resources under the Catawba River Basin: Protection
and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b).
3. 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.
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.corn/ 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 S: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 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

Mone -6234 Drake Lane
September 7, 2016
Page of3
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
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,
..� k
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosure: GC 3898
Certificate of Completion
cc: Carissa Parker— (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy
Peter Minter—Burke County (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\ .,ke\401aN..-DOTUd ,ra - 6234 Drake L..\APRVL401.M.,S. - 6234 Drake Lege 09.07.2016 doe.

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 96-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in. 15A NCAC 02H.0500 and 16A NCAC: A2B .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, 806 and 307 of the Public Laws 92-500 and 95-217
It conducted in accordance with the conditions hereinafter set. forth.
Activities meeting any one (1) of the followingthresholds or circumstances require written
approval for -a 401 Water Quality Certification from the Division of Water Quality (the
"Dlvislon'T
a) Activities that. result Infill, 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($)
of4WQ 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 148 215.3D(e), written approval for a 401' --- "--
Water. Quality General Certification must includethe appropriate fee. If a project also requires. a
CAMA Permit, then one payment to bothagencies 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:
t. 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 I"
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 most be in full compliance with allspecifications
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 SedrYtienf and Erosion Control Manual The devices
shall be maintainedon 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 withthe most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the. reclamation 1n
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d, Sufficient materialsrequired for stabilization and/or repair of erosion control measures
and stormwater routing. and treatment shall be on site at all times.
e. if the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS -I, WS -11, High Quality (HOW), or Outstanding Resource (ORW)waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
In 15A NCAC 046 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 orrwaters.
Exceptions to this condition require application submittal to and written approvalby 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 manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream ofthe above structures. All sedimentanderosion
control devicesshall be removed and the natural grade restored within two (2)months of the
date that the Division of Land Resources (01,R) or locally delegated program 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 stormwaterto 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 (NCG91 0000).
inspection log. sheets, and other information may be found at
htto7/portal ncdenr OM/web/wa/"/su/npdesswMab-w .
Water (duality Certification No. 3898

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) shall berequired to be infull
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),: 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 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 minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
T 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.028.0233, :0250,
.0243, 0260_0267 and .0606, 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
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 kilts.
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 propegy properor of Individual lots whichever Is appropriate. A
sample deed notification canbe downloaded from the 401/Wetlands Unit web site at
htto //portal ncdenr ora/web/wd/swo/ws/401/certsandoermits/aoblylf0rms. The text of the
sample deed notification maybe 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 $EPA), then this. General Certification is not valid until a Finding of No
Significant Impact.(FONSI) or Record of Decision (ROD) isissued 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 (includingany 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 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 QWQ Central Officein 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 thewritten approval letter for projects proposed under this Water Quality
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 asthe expiration date of the
corresponding .Nationwide and/or Regional General Permit The conditions in effect on the data
of issuance of Certification for a specific project shalt 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 Certificationfor the project and may also result in criminaland/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 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 Wakiid,:P. E.
Director
History Note: Water Quality Certification Number3896 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 6

Water Resources
E NVIPONMENTAL QUALITY
PAT MCCRORY
c—mor
DONALD R. VAN DER VAART
S ­.
S. SAY ZIMMERMAN
L -1Y,
WR Project No.: County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completionof 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:
Date
Registration No.
slereurNUM Camli,a I nmwnma IQmlity I wme, R-.
1611 Mail serum Cm[ I aaleigb, NoM CazoWe 27699-1611
9197079000