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Home My WebLink About20160910 Ver 1_401 Application_20161016 (2)KC WarerResaarces ENVIRONMENTAL QUALITY October 4, 2016 Stephen M. Webber 266 Burnt Ridge Road Lake Lure, NC 28746 PAT MCCRORY coon.n„r DONALD R. VAN DER VAART Ser.'ie", S. SAY ZIMMERMAN Djmc r DWR# 16-0910 Rutherford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Webber — 266 Burnt Ridge Road Dear Mr. Webber: You have our approval for the impacts listed below for the purpose described in your application dated September 15, 2016, and received by the Division of Water Resources (Division) September 19, 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. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool i Below Pool 0.0010 (acres) 0.0010 (acres) SLAe ofNVA Cmalina I RTvi=ment Quality[WaW RAs ctA 2090 US 70 Highway, SQUAvoe, NoAh Carolina 28778 82829&4500 Webber -266 Banat Ridge Road October 4, 2016 Page 2 of 3 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/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 CAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAR during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: 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 Webber -266 Bumt Ridge Road October 4, 2016 Page 3 oft 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.mitchellancdenr.gov if you have any quesfions or concerns. Sincerely, U— Zan Pri eA Y.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: David Brown – USACE Asheville Regulatory Field Office (via email) Andrea Leslie – NC WRC (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\Rutherford\401sWon-nOnWebber 266 Brant Ridge RoadW RV1.401 Webber 266 Burnt Ridge Road 10.042016.doex Water Quality Certification No. 8898 GC L(`RzT F6ICNAp 10 R b TR -ELI 19LE?50 S. VC A E. PUBLICU UTILITIES) L.P I, B 9 r 58ERVOIR E 10 d L IT 1...O,OE9 OELAK PT RIR' "� T INA iVITE - ANDRIPARIANAREA ROT OTI N LE$IBUFFER`RULE Ater Quality Certification Numhar 3898is Issued In oonformlty With the requirements of Section - 1 Public Laws 92.500 and 95217 of, the United States and subject to the North Carolina I dslenofWater Ouality'Regulationsin1IIA NCAC 02H 0500 and 16ANCAC 026.0200for the charge of fill material to waters and wetland areas as described In the Wilmington District'a glohal (0ionarsl) Permit Number 198200030 and Ragigrta6Rermit'Number 198200079 and for The State of North Carolina certifies, that the specified galegcry of ectwity will not violate applicable portions ofsections 3011'302, 803, $09 and 307 of the Public Laws 92.000 and 95,217 If conducted In acoardanca with the conditions hereinafter set fain. - Activities meeting any 000 (9) of the following thresholds or circumstances require written approval fora 401 Water Quality Certlflcatfodfrom the Division of Water Quality (the "DIVlaron'7+ _ - a) Activities that result in fill, dredging orexcaualionof waters or wetland's below the normal high water level; or b) Any Impact associated with a Notice ofViolatign or anenforcement action for violaffon(s) of DW.Q Worland Rules 0IIA NCAC 02H..0300), Isolated Wetland Rules (ISA NCAC02H 1300), DWQ Surface Water orWafland Standards, or Riparian Buffer Rules (15A, NCAC 028,:0200;; -or In this written approval. from the Dlvlsioh Is.rarfuRed. Conditions of Certification. 1, No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Uss ofthipCertification No Waste. spall, solids, or fill of any kind shall occur In WedandS,. waters, or riparian areas L beyond the footprint of the Impacts depicted In the PreConstructlon Notification, as ill authorized in the written approval from the Division or beyond the thresholds establishedfor use ofthis Certification without written authorization, Including Incidental Impacts. All [[[ Construction activities Including the design Ihs(ahation, operation and maintenance of _ sediment and erosion control Best Management'Praofiees shall be performed so that no violations of state water quality standards, statutes, or rulesoteur Approved plans and - Water Quality Certification No. 3898 1 I Water Quality Certification No. 3898 specUloaflonsfor this project are Incorporated by reference and are enforceable parts of this permit. 21 Standard Eroslori and Sediment Control Practices Eroelon and sedi mant control: practice$ must be In full eom Bance With all spe4Uloatlons governing the proper design installation and operation andpmsimenange of such Best Management Piaetloes andff applicable, comply With the spjolfro conditions and requirements of the NPWS Construction Stormwater PerrhJUssuad to the Wo: a, tlestgn,. irretallatlon, operation, and maintenance oftha'aodlrhenf and erosion contml measures must be such,ihatthey 0JUal oni3(0eedthe requi emerits speoitiedin the most recent version ofthe North Carolihie Sadlhiant andEro�alo_n,Conlroi�tanuaL The devlpes shall be maintained on all construction slt0s{' bgrmd / spas and waste pile ($poll) projects, including contractor -owned or leased borrow pits assoolated with thoprojeat. p,. For borrow pit alias, the erosion and sediment control measures must be designed, Installed operated, and malhtafned In accordance with the most recentWnston of the North Carolina Sumacs Mining Manual, - - ,c. Reclamation measures and hriplamemsl(on must comply with the reclamation in accordance with the requirements of lheSed(mentatton Pollution Control Act and the'. Mining Act of 1921. d, Sufficient materials required for stabllitation andlor repair df` erosiolrcomro('rmaaeurea -. and stprmwater routing: and treatment shall be On alfa at all times. ---:a.'if the projedt,occurs In waters or, wakeisheds classified as Pr(margNursery Areas (PNAe),.- SA WS -1, WS -II, High quality (HqW), or Outstanding r3asdpros (ORWf Waters, than the. secOmantation and oroslon Vontrol designs must comply with the requirements set forth In 15A NCIAO 048.nj24' pari Standards in Sens;6,b 6lfatershods. 3 No Sediment find Eroalon Control Measures In Wetlands drWaters: - be the Specific area within the project 4, Oanattuotion Sfrtimweter Permit NCOk1,Pg6q An NPbES Construction Stormwelter Permit la required for construction projects that disturb one (1y or more acFas of larid: This permit allows stormwater, to be discharged during land dlaturhIngconstruddonaativitlesasalipolatedinthe oondiflons:bfthe permit If your project Is covered bythJ.,patmlt full oompllance with permit conditionsincluding the erosion & $a 11hamis n Control Olen, inspechbns and maiptenanca, selfmanitoring, record fieeping: all hepariing,regutramanrsls.requlred Aoopy'Qtthegenetalpermit(NOG010000), Inslaaetton log sheets, and dtharinformatlon may be foundat hltD /)Donal hcdanf oraJweb/wa/wslsulggdassW W491 Water qualityCertificaboh No. 3898 2' Water Quality Certification No. 3898 s The North Carolina Department of Transportation (NCDOT) shall be requited to be in full compliance with the conditions related to ednatructicn a0tivilles within the most recent version - of their Individual N,POES (NOS000200) slormwater permit. !— @, Construedon Moratdpnma and Coordination. Ifaotlwoss must occur during periods of high biolggical activhy(i a see turtle nesting fish spawning, or bird nesting) thenbiological 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 (UBFWS),;NO Division of Marine FiShef,tes- I MF), or National Marino Fisheries Service (NMFS) to lessen"impacts on trout, anadromods fish larvolrpost-larval fishes ahl crustaceans. or other egiwip species of: concern shall be imprlamented, Exceptions to this condition require written approval by the resource agency . responsible for the given moratorium., - Work within the twehly--five (26)designated trout counties or Identified state or federal endangered or threatened species hatchet shall be coordinated with the appropriate WRC, USFWS NMFrtS,and/or DMFpersonnel. 8, Work 'in.the Dry All work In or adjacent to stream waters shall be conducted se that the flowing stream does not come in Contact with the disturbed srba Approved best management practices fromthe .. most current version of the NO Sediment and Erosion Control Manuel, or the NO DOT Construction and Maintenance Activities Mantiai, such as sandbags rock berms, cofferdams, _ and other diverelon struotura9shall be used to minimize excavation in howling water. _ Exceptions to this condition require application submittal to'snd written approval by the Division. 7. Riparian Area. Protection (Buffer) Rules to have minimal disturbance to protect water quolitto the maximum extent practicable through the use of best managelhentpracNo9$. All buffer rule requirements, including dOwes flow reculrsments, must be mot. 8,. If concrete is used during the construction than all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and Waters Ofthe state. Water that Inadvertently: contacts uncured concretesnall not be dlspharged to waters: of the state due to the potential for elevated pH and. possible Aquatic life/ fish kills. 9. Rip -rap shall be installed waterwerd of bulkheads installed in freshwater lakes to ensure protection of aquatic habitat. Construction over wetlands shall be elevated at toast three (0) feet above any wetlands and firstling structures shall not rest periodically on the bottom. f0, 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, Doed notttipatipns or similar mechanisms shall be placed on all retained jurisdictional wetlands waters,and protective buffers within, the projeot boundaries in order to assure Water Quality Certification No. 3898 3' Water Quality Certification No, 3898 compliance for future wetland, water, and bufiar impact These-modhanisma shall be put in place atthe timoof recordingg of the broDdrtv or 6firkilvidillillotsw 'evarisappropriate. A sample deednotifieatlon can be downloaded from lhe'401fftfland Unit web site at Illi/!penal notlehr aralwab/wq/sWD e1 01/� andfiafmitsfaobl drm8 Thebodofthe aempledeed gotiFlsalion maybe modlBed os�opptoph to to slit td a apeciflo'PmJegt, Dooumentallpp of deed notifications shall be provided to the DIVIO166 Upon ragaest 12 If an environmental document is required under the National or State linv,Iahmentaf Policy Act (NEPA or SEPA), then this General Certification Is net validuntil a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State _ Gleatin9house. 13. In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted to detormineif Coastal 9lormwalor Regulations will be required. 14, This General Certification does not relieve the applicant of the irespohslbilityto obtain all other required Federal, State or Local approvals. PS The applicarrYpormittaa and their authorized agents shall conduct all activitiesJh a manner consistent whit State water quality standards (including any requirements resulting from compliance with §303(d) of the Olean Water Apt), and any other appropriate requlroments of - State and Faderal Law If the Division determines that such standards or laws are not being metmrstj including failure to sustain adestgnated or achieved bee, or that State or Paderal law fa tieing violated, or that further conditions are: necassary le assure oompliance, then the Division may reevaluate and modify this General Water QualityCertification. le, Whom written authorization I's'required for use of this canlfication, upon eomplation:Of all _.. perml4[sd Impacts Included within the opproviefontl any subsequent modifications, the applicant shall be required to return the certificate of completion. attached to the approvej. Ono copy of the certificate shall be sent to the DWO Central Office is Raleigh at 1650 Mail Service Center. Raleigh 90, 27699-1660. 17. Additional alta,specific conditions. Including monitoring and/or modeling requirements, may 16. This certification grants permission to the director, an authorizedrepresentative of the Direotdr, 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 dxphatlan date of the corresponding Natiopwlde and/or Reillonal General Permit The sgmdiftops In affect on the date of issuance of Certification for a specific project shall in effect tor the life of the protect regardless of the expiration date oftnts Certification. Non-cetnpliancewith : or violation of the conditions Herein set forth Fina specific project may result In revocation of this General Certification for the. project and may also resultinctimfol ane(or olyti Penalties,,. Water Quality Certification No. 3898 4 3 i Water: Quality Certification No. 3898 - 8 r I Water Quality Certification No. 3898 i Publik hearings maybe held for specific applications or group ofappp6cattons pyliu t0 a Vii — Certification decision if deemed m the pttblids bestifnterest by the ector of the, North Carolina Division of Water Quality. _ - Effective dale: March 19, 2012 - 7 j - 1 - DIVISICJR OF WATER. QUALITY By - _ Charles Waklld PE, - - Dlreafbr - History Note Water Quality. Certification Numbor3898 issued March f9, 2012 replaces WQC t Number 3693 Issued November 1, 2607; WQC Number 3639 issued March 19, 2007" WQC Number 3492 Issued December 31, 2604; and WQC Number 9373 issued March 18 2002. This Genera/ Certification is rescinded wheh the Carps o Engineers feauthorizes any 046 correspondingNationwide andPodegional Geheral Permits or when deemed appropriate by the Director of the Division of Water Quality. I f r 3 i Water: Quality Certification No. 3898 - 8 r Water -Resources ENVIRONMENTAL QUALITY WR Project No.: Applicant: Project Name: _ PAT MCCRORY C.— DONALD renin.DONALD R. VAN DER VAART '""I" S. JAY ZIMMERMAN D,—., County: Date of Issuance o£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 1, , 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 1, , 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 1, , as a duty 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. SfeRofNOMC—Ii IEwirVn—.1Q-1iry l Water Resources 1611 Mull service Conk, I Us,.o, North Caroline 27699-1611 9197079000