20140426 Ver 2_Approval Letter_20161005

I�
Water Resources
ENVIRONMENTAL QUALITY
October 5, 2016
David C. Vorhoff
1516 Queens Road West
Charlotte, NC 28207
PAT MCCRORY
coaamo.
DONALD R. VAN DER VAART
Sa IS,
S. JAY ZIMMERMAN
D,re.,
DWR # 14-0426-V2
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
David Vorhoff-Old Wildlife Club 66 Otter Waller Dr.
Dear Mr. Vorhoff:
You have our approval for the impacts listed below for the purpose described in your application
dated September 14, 2016, and received by the Division of Water Resources (Division)
September 26, 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
0.0083 (acres)
0.0124 (acres)
Stam of North Carolina I Envuoomenml QuId, l Wamf IURAECeS
2090 US 70 HLhwU, Swami NoM Carolina 28778
828f296-4500

David Vorhoff-Old Wildlife Club 66 Oaer Waller Dr.
October 5, 2016
Page 2 of3
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. The proposed project must comply with the McDowell 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 httu://www.ncoah.con3/ 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 CAH:
Ijsending 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

David Vorla ff--Old Wildlife Club 66 Otter Waller Dr.
October 5,2016
Page 3 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
kevin.mitchell a;ncdenr.2ov if you have any questions or concerns.
Sincerely,
�� 1 iL—
Zan Price, P.E., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosure: GC 3898
Certificate of Completion
cc: Carissa Parker - Bernick Enterprises LLC (via email)
William Elliot - USACE Asheville Regulatory Field Office (via email)
Wade Harmon – Duke Energy (via email)
Ron Harmon – McDowell County Planning
D WR ARO 401 files
D WR 401 and Buffer Permitting Unit
GAWK\WQWcDowel1\40ls\Non-DOi1David Vorboff-Old Wildlife Club 66 Otter Waller DrivcWRVC 01 David Vorhoff-Old Wildlife Club
66 Otter Waller Dr: 10.052016.docz

Water Quality Certification No. 3898
GbIrAL CERTIFICATION FOR PI;,qhEC�TS ELIC B S. RMY. RPS OF
ENGiNEER3 RE010NAL PERMIT NG 1102 61 ;(TVA R •E 'R '(1LATED
PUBLIC UTlfailE31 AND REGIONAL' E MIT 78 gix(OELAKE AND RESERVOIR
INT OE" R TEtN AOT IE
AND RIPARIAN ARBA RO CTf L IV RULBSY
Water Quality Certification Number 3898 is issued;to conformity with the requirements of Section
411 Public Laws 92-900 and 96217 of the Untied States and subject to the North Catalina
DNfsicn of Water Quality Regulations in 16A NCAC 02H .0500 and 16A NCAC 028 0200 for the
discharge of fill matehal to watersand Welland areas as dosgrllied in the Wilmington Distriofs
Regional (General) permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection RUIes(Sufferitules) in I 0 NCAO 023.0200.
The $late of North Car .1tha certifies: that the specified category of activity will not violate
applicable portions of $actmns 301,102, 203 308 angi 307 of the Public Laws 92-900 and 96417
if conducted In accordance withthe condltipns hereinafter set forth. -
A) Activities that result in fill, dredging crexcavatroll of waters ,or watiancis below the normal
high watertavef; or
h) Any Impact associated with a Notice of Violation or an enforcement action for violeRon(s)
ofDWOWatland Rules MSA NCAC 62H.09061isolated-Wetend Rules (16A NOAG02H
Authorization Certificate is Issued through N.0 Division ofCoastal :Management (acm)
delegation for ALLOWABLE' activities
Activities Included in this Gensrsl Certification that do not most one of the thresholds
listedabovedo not require written. approval from the Dl9islon as long as theycomply with
fbe Condition of Cartlgcation.11sted holoW. If any of theso Conditions cannot he met, then
written approval from the Divislo" Is roolulmd.
Conditions of Certification:. -
1. No Impacts Beyond Ihose.Autnorized in the Written Approval or Beyond the Threshold of Use
of this Oartifioetion
No waste, spo% 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 Nohfipa(Ion, as -
authorized in the written approval from the DIVlsi'en or beyondthe established for
use pf this Certification withoutwritten authorizatloh Including Incidental Impacts All
constmoWn aotivihes Including the design, installation, operator, and maintenance of _
sedirllent and 'erostc n control Best Management; Practices shall be performed ad that no
violationsof state water quality standards statutes, or rules bacur Approvedplans and
Water quality Certification No. 3898

Water Quality Certification No. 3898
specillpatlonsfor this pmjagi: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 complaanoe vwith all spaciffoodons
governing the proper design, installation and ops allorT arto M6inlenangs of such Best
Management Praoticas and if applicable,comply With the spfpiffc,condldons and. -
raqulremants of the N PLIES Oonstruction StermWerier. Perrnit Nsued to the site,
a, Desi;n�. instaliatlon,operation, and maintenance ofthe'sedimentand erosion control
measures must be auohthat they equal or exceed the Ysg41rarhents Specified in the mget
recent version of the North Carolina Sidlinent and Eroe�ssldJf;Cogfrolhianudl, The devices
shall be maintained on all cpnstruotfon sites borrow site9. and waste pile (spoil) projects:
Including contractor -owned or leased borroW pits associated With the project.
b, For borrow pitsrtas the erosion and sediment control measures must be designed,
Installed operated, and maintained III accordance wlthAhEmost recentversionofthe -
North Carolina Sarfaco MlMng Manual, - -
c. faglamafm Measures and"Implementation must comply Wlth-fhefeclame[ton In
acdordance with thfl requirements of the Sadimsmotlon Pollwffon Control Act and they.
Mining Act of 1979,
d $ufficientmaterials required for stabllizatid€i and/or rspalr of eroslmloontm(maasures
and stormwatermuting _and treatment shall be On site atalltimea.
if theprojaotoccurs In waters or, watershads classified as Prfmary NurseryAreaa (PNAe),: - -
SA, WV, WS -11, High Quality (HQW), or outetandmo fdesdurce (ORW)r waters tnen the
sokoritation andemsion.control deet;aeMust compiy4iththe fegeiremantsset f6tth
In 15A NCAC g4$,p12a, Design Standards in £iensltltT lNateranodis
3. No Sediment and Erosion Control Measures in Wetlands or Waters,
4. Construction Stprmwater Permit NCO01,QQ00 ..
Aa NPOES Construction Stormwater Permit isfaqulred for cpnstmodonprojects that disturb
one (1)orMaine acres ofland, This Permit allowsatormwatertobedischarged during land
disturbing eonstnlctionaOtivitles as stipulated in the conditions afthe permit I€yourproject
la cavered by lhis;pperml4 full complianoe with permitconditlonstholuding theerosion&
sedimentation oontrol plan, Inspections and maimanance Splfmonitoring, record keeping
slid reporting.requirements is required, Acopy ofthe general perot(NOGO.10000),
inspacdon Ip; shaet%and other Information may be round, at -
httdyluonalncdehPordlweb/t+•aNbsCsu/Soaaea<+'�tah,�S.
Water Quality Certification No. 3898
2

Water Qrdality Certification No. 9898
The North Carolina DepattmenFdf Transportation (NCDOT) §hall be required to be In full
compliance with the conditions related to construction activities wllhin the most recont version
of their Individual NPDE$-(NCS00o250)_ stormwater paimit.
5, Construction Moratoriums and Coordination
Ifactivltles must occur during periods of high biological activity (Le, sea tudie nesting fish <
.spawning or bind nesting). then biological mortlYpnngmay berequired atthe req uestofother
state or federal age409e5 and coordinated, with these activities,
All moratoriums on eonstrudtion'activibes established by the NC Wildlife, Resources -
Commisston (WRC), U$ Fish and Wildlife Servjge (USFWS) NO Division of Marine Hsheres
((O�MF), or National Marine Fisheries Ser9loa INtMFS) to less_an'impacts on trout, anadromous
fish, larvalipoaflarval fishes and crustaceans,, or other aquatic species of concern shallbe
impfamenfed Exceptions to this condition require written approval by - the resource agency
responsible for the given moratorium..,
Work wdhln the.lwentyfNe (25) designated trout counties or Identified state or federal
endangered or threatened species habitat shall be coordinated' With the appropriate WRC,
1JSFWS NMFS, and/or DM Fpersonnel.
s. Work in the Dry
All work In or adjacent tostreain Waters shall be conducted so that the flowing stream does
not dome in contact with the disturbed area.: Approved best. managementpractices from the
..
most currant version of the. NC Sediment and Erosion Control' Manual or the NC DOT
Construction and Maintenance Aetivlflas Manual, such as sandbags rock berms, cofferdams,
and other diversion struetureeshall be ased'fo, minimize excavghon in Rowing water:
--- - - exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area. Protection (Suffer) Rules.
Goose Greek Watersheds.((
to "uses" identified within. an
.0243-0250-0267 025g, .0207' and .061
to have minimal disturbance
through the use. of beat man
Flow requirements, must be i
8. of concrete is used during the construction, than all necessary measures shall be taken to
prevent direct contact between uncured or coning concrete end waters of the state Water'
that Inadvertently contacts uncured ooncreteshah not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/flah kills.
9. Rip -rep shall be installed waterwafd of bulkheads 'installed In freshwater lakes to ensure
protectron of aquatic habitat. Construction over -Wetlands shall' be elevated at least three (0)
feet above any:wetlands; and floating -structures. shall not real periodically on th. a bottom.
10, Piers and boat houses shall be constructedto prbvlda for storage end removal, of sewage
rather than allowing raw waste or other sewage to be disposed directly into stiffaee waters,
It Dead.notiftoatlons 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 - 3'

Water Quality Certification No. 3898
compliance for future wetland, water, and llU#or` impact These medhanlsms sball be out In
place at the time ofrecordifin oEthe orodartvo6tlmdfVid0al l8 >: Whic varlsa0propriate, A
sample deed notifioalion Can be downloaded from the 4Q1MQtland5 Unit With, at
Y/ o I.nodehr. 1 /s f 6 / "" Ifsf - - I /form The text of the
aample deed notification rosy bemcdihed asa'pprop aceto Edi. to 0 p0cilleprol6ct,
Documentation of deed notifications shall be provided to the'Divlsioh upon request.
12,If an environmental document is required under the National or State Envirohmentafpolicy
Act (NEPA or SEPA),then this. General Certifloation is not validuntil a Finding of No
Significant impact (FONSI) or' Record of Decision f(ROp) 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/permdtee'and their authorized agents shall conduct all actlVltles in a member
conetatentwithStatewaterquatttystandards(includinganyrequirementsresultingfrom - -
compliance Withji303(d) of the Clean WaterAotb and any other spprepriatereq ulrementsof -
State and Federal Law. It (he Division 06idtmines thatsuch standards or laws are not being
mail including failure to sustain a designated or achieved uee, or that State or Federal law
:being violater, or that further conditions are: necessary to assure compliance, then the,
Dlvlsion may reevaluate and modify this General Water Quality'Cen,fieatfon.
15, When written auttwrisation is required for use of this certification opon completion of all
- permitted ImpactsitrCluded within the approwif and any subsequent modifications, the
applicantsnall ba mqulmd to rebrm lha csrlifloafe of completionattachedto the approval.
Onecopy of the certificate shelf be senUo the QWQ Centrat Office in Raleigh at 1650 Mail
SeNloe Center, Raleigh, NO; 24699.1660. - - - -
17. Additional slfe•speclfie conditions,Including monitoring and/or modeling requirements, may
} _ be added to the Written approval leper for proefts proposed under this Water Quality
W�, roe oA iri oitTie`nBuw4dPp,-lien's$ wlh"all ap"plloaBle"Water palfty-eri'd eltfEleflC""-"�'—..___..
standards
16. This certification grants permission to the d[rector, an authorized representative of the
Director, or DENR staff. upon the pressntatlon.ofproper credentials toonter the property
during normal business hours.
This General Certification shall expire On. the same day as the explraflon Oats Of the
corresponding Nationwide and/or Regional General Permit The conditrops In effect on the date
of Issuance of Oedification for a specific project shall remain in efffbo for the l(te.pf'the project.
regardless of the expiration date of this Certification,
Non compllanoe,wih or violation of the conditions herein set forth by aspecific project may result
In revocation of this General Certification for the project and may also result in criminal and/or civil
nanalfiex.
Water Quality certifioadon No. 8598 4

Water Quality Certification No. 3898
Public hearings may be held for specific applications or group of applications prior to a
Certification decislon if deemed in the public's best interest by the Rreelor of the,NorthCarolina
Division of Water Quality.
- Effe'ct'ive date March 18,.2012
DIVISIONOF WATER QUALITY
By
rhsrlaa WakII4 P.E,
Director
I
Water Quality Certification No. 3899 - 6

NCO
Water -Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
co.emor
DONALD R. VAN DER VAART
seg mN
S. SAY ZIMMERMAN
D—or
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, 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
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
1, , 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.
9mm ofNoM CmIW I avaa menw Qu fi`, l VIAW Reaowcas
1611 Mall wince Camm I Na1dgh, NYM Carol -27699 1611
9197079000