20160949 Ver 1_Approval Letter_20161017

NC
Water Resources
ENVIRONMENTAL OVALITY
October 17, 2016
Chris and Cara McCoy
8941 Summer Club Rd.
Charlotte, NC 28277
PAT MCCRORY
0--
DONALD
nr—
DONALD R. VAN DER VAART
Snoretary
S. JAY ZIMMERMAN
D—.
DWR # 16-0949
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
McCoy -2172 Dragoon Demise Drive
Dear Mr. and Mrs. McCoy:
You have our approval for the impacts listed below for the purpose described in your application
dated September 28, 2016, and received by the Division of Water Resources (Division) October
3, 2016. This approval requires you to follow the conditions listed in the enclosed
certifications) 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
Pool
0.0018 (acres
0.0028=
ADDITIONAL CONDITIONS
State ofNoM Carolina I Environmental Quality l WaW Resources
2090 US 70 Highway, Swarms , NoA Carolina 28718
828/296-4500

McCoy -2172 Dragoon Demise or
October 17, 2016
rose 2 of3
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. 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 htto://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 8:00am 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 OAH:
If sending via US Postal Service: If sending 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:

McCoy -2172 Dcagom Demise or,
October l7, 2016
Page 3 of3
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.mitchellgricdem.aOV if you have any questions or concerns.
Sincerely,
an Price,
Assistant 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)
Andrea Leslie —NCWRC (via email)
Ron Harmon — McDowell County Planning
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G\WR\WQQNCDowellMhWon-DOToIcCoy- 2172 Dregooa Demise EI RVL401 WC,- 2172 Dragoon Demise Dr: I0.1720M6docx

Water Quality Certification. No. 38:98
GENERAL CERT FIO I PORP OdECTS EL G E FOR MY. RIPS 0
E GWPE R CION IT N °f b' R E 0 EGUL T O
PUBLIC TILITIES AND ti, LJ. 0. GO L N R'SERVOI.
til ISI OE'1 00 7J NA.T„JTE ;
A RIPARIAN REA R O CIN LE Etl ^ER UL
Ths Blots of North Carolina Certifies: that the specified category ofactivity will not violate
applicable portions of Sections 301, 302, $03, 306 and 307 of the. Public Laws 92-600 and 96:217
if conducted In aocordanee with: the condttiona hereinafter set forth.
a) Activities that rasultin fill, dredging orexcavatiolof waters or wetlands below the normal
high water level,, or
b) Any Impact associated with a Notice of Violation or so enforcement potion for viola0on(s)
ofDWO Wetland Rules (15A NCAC 02H 0600), Isofated Wetland Rules (t5A NCAC-02H
.1300). CWO Surface Water or Wetland Standards, or Riparian Buffer Rules (1'6A, NGAC'
or
CAMA Permit, then one payment toboth agencies shall be Submitted and will be the higher of
two fees, -
Activities Included in this Goners[- Certificationthat do not most one of the thresholds
listed above do not require written approval frgm tho Division as long ss they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be mot, 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 Waster spot[,. solids, or fill of any kind shall occur In wetlands,waters, or riparian areas
beyond the footprint of the Impacts depicted In the Pro-Constroo.tlon Notification, as
authorized In the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorita0on including Iircldental Impacts. All
construction activities mcludIng the design, installation, oparaHoq and maintenance. of
sediment and efos7on control, Best Management Practices shall be performed ad that no
violations of state- water quality standards statutes, or rules occur Approvedplans and'
Water Quality Certification No. 3898 1

Water Quality Certification No. 3898
Specifications forthls project are Incorporated by reference and are enforceable parts of this
permit: - - - -
2. Standard Erosion and Ssdiment Control Practices
- Erosion and sediment control practices must beln full Comdance with all specifications
governing the proper design, Installation and oparathda anTmeintenance of such Best
Management Praeticssand if applicable, comply with the specific condiflons and
requhamants of the NPbES Constructfon Stonhwater. 00nnR MSLad to the site:
a, Design, .installation,operation, and maidtenance oftha'sedmahfand erosion control
measures must be such that they equal or exceed the raguiraments Specified In the most
recent version of the N67lh Carolina Sadlirfent The derv(ces
shelf be maintained on all construction aites, borrow sites and waste PRO, (arch) Projed1k
Including contractor -owned or leased borrow pits assoofatadwith theprojeet,
-b, Por borrow pit sires the erersion and sediment control measures must be designed; -
Installed, operated, arid Maintained In accordance whthtlisiMost recentverslon of the
North Carolina Surface Mining Manual, -
0. Raclamahon Measufaeand%mplementationMust comPlyWith the reclamation in.
accordance with the requiretuanis of the Sodtmentathoil Ppllution Control Act and the:
Mimhg Act of t971.
d. Sufficient materials required for stabilization and7of repair Of'.aro0troontrol Measure$
and stormwater routing and treatment shall be, on 44 91,01h times.
-:e. If the project occurs N weans or watersheds classified as"Primary Nursery Areas (PNAa)„
SA,MVHlgh Quality(NQWt or Qutatanding Rasouree(ORW} were re, than the
safiimentatlon and0 G01onS ntrpl dssfgn€must com'Rlywith the requirements set f6hIr
Ifs i5A NCA<2-BWB )124., Do3rgn3fanyafSfSin Sansltll�aWe'rerededs -
1. No Se ilmantand Erosion Control Messures in Wetlands or Waters -
4 Obhstruothod StormWster PermitNCC301,0000
An NPDESConstruction Stormwater Permit is required for Constmctionprojects that disturb
or mora 00'05 of i0nd, 7"5 Permit allows stormwater to be discharges during (end
disturbing oonahu00 aouvideses sfipufatad, inihe condiflonsdP (he parmif I€pour projeor
sCoveredbylhk'pperrn fuleoulpl(0h06with
permitconditionslholodingtheerosion&
sedimentatian ndhtrol pian, Inspebtione and maintanance, t9f monitoring, record keeping.
arcd repo ting feeja¢em0nIs isregulred ACdpy of
the
genera perm t(NCCalutlg9j,
fnepaotfon log sh0.ets, and dtherinfnrmatldti may ps foond0f
hi'td•17annslb asmwaw/we0h�a/bis?suModasavNllalSw.
Water Quality Certification No. 3899
2.

Water Quality Certification No. 3898
The North Carolina Departmenf of Transportation (NCDO1)shall be required to be Infull
compliance with the conditions related to construction aotivitlss within the most recent version
of their Individual NODES (NCS000260) stormwater permit.
s. Construction Moratbnumsand Opordnadon
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning or bird nesting) thenblologlgaj mon1tonhg may be required at the requestof other
Slate or federal agencies and coordinated with thew activities.: -
AII moratoriums an construelionactivities established b the NO Wildlife Resources -
Commission (WRC), US Fish and Wildlife $ervi e(US WE), NO Division of Marine Fisheries.
(QMF), or National Marine Fisheries Sarytco-(NMR$) to lessen "impacts on trout, anadromods
fish, lahtallpostolarval fishes and crustaceans, or other aqualio species of concern shall bo
implemented, Excophons to this condition require written approval by theiesource agency .
responsible for the given moratorium,
Workwdhfn the twenty-five (25) designated trout counties or Identified state or federal
endangered or throa(onad species habitat shall Oe coordinated with the appropriate WRQ
USFWS NMFS,_and/or DMFpersonnel
6. Work to the Dry
All work In or adjacent tostream waters $"It be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved bestmanagement practices: from the
_. most current version of the NO Sediment and Erosion Control' Manual, or the NO DOT
Cohstruetion and Maintenance Activities Manual, wohas sandbags rock berms, cofferdams, _
and other diversion atrootuies s'h'all be used'.(o minimize excavation in flowing water:
-- -- Exceptions to this condition require applioationsubmitlal to and writterrapproval by the
Division.
7. Riparian Area Protection(Buffer)Rules
:0248 .0250-0267 and .0805, and shall be located designed, oonshucted, and maintained
to have minimal disturbance to protect water qnplit, to the maximum extent praobceble
through the use: of best managementproo0ces.. At buffer rale requuemonts, including dlffus
flow requirements, must be: met.
8. If concrete Is used during the esnslruotion, than all necessary measures Shall be taken to
prevent direct contact between uncured or curing concrete end waters of the state Water'
that inadvedentfy contacts uncured concreteshall not be discharged to waters: of the state
due to the potential for elevated pH andpossibleaquatic life/ fish kills:
0. Rip -rap shall be installed waterw0d of bulkheads installed In freshwater lakes to ensure
protection of aquatic habitat Construction over "watlands shall'be elevated at least three (3).
feel above any wetlands and floating structures shall not rest periodically on the bottom.
to, Piers and boat houses shall.. be. constructed toprovide for storage and removal of sewage
rather than allowing raw waste or ther sewage to be disposed directly Into surface waters„
11 . Dead 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. 3808 3'

Water Quality Certification No. 3898
compliance for future wetland, water, and butler impact These mechanisms shall be put IN
place at time of recordinn of the aroneriv or of in'UlVldaal l'fs.Wh shaver isanbmpdele A
sample deed notification can be downioaded from the'441/YVet cl site at -
t I. r I a /.:ys I 4091 ertsan ermifs/a /f rrns, The, text of the
_ - £ample dee4 notification may be modifed as OpProicriats, to suit to a sp$alflepr0leat.
Documentation of deed notifications shall be provided to the Olvldion Upon request.
12„ If an environmental document 3 required Ander the NaifimAl orState Environmental Policy
Act (NEPA or $EPA), then this General Certification is not validuntil a finding of No
Significant impact (FONSI) or Record of Decision (ROD) is Issued by the: State
Cleadnghouse.
13. In the twenty (20) coastalnounfias, the appropriate DWQ Reglonal Office Must be contacted
to determine if Coastal Stormwater Regulationswillbe require&
14.. This General Certification floes not relieve the applicant of the l:responsibility to obtain all other
required Federal, State or Local approvars.
15, The appllcarrflpemnttee°and their authorized agents shall oonduot all AdIVIVes In a manner
consistent with State water quality standards including any requirements resAQmg from
compliance with §303(d) of the Clean WAter Act), and any other appropriate requbemelits of
-State and Fadefe(4aw. If the Division petertnines that -such standards or laws are not being
met Including failure to sustain a'deslgnated or achieved use, or that$late or Federal few 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 writtenautnorizeition'Islrequired for use of this certification upon completion of all
pormlltsd ¢npacts inofuledl within the approval and any subsequent modification, the
app(ioahtshall be required to return the certificate of completion attached to the approvel.
Ona copy of the CoKifcete shall be aentte the DWCj Central C1ffice m Raleigh at 1650 Mail
SeNlice Cartery Raleigh, NC, 27809.1688. - -
17.
may
16. This certification grants permisslan to the director, an suthorIzed representative of the
Diro6tot, or DEN staff, upomthe presentation of proper credentials, to enter the property
during normal hdeiness hours.
This General Certification shall expire 6n the same day as the expiration date of the
correspondln Nationwide and/or Regional General Permit. The ponditfilm; in effect on the date.
of Issuance p? Certification for a specific project shall remain In effect [orthe life of the project,
regardlesso5the expiration date of this Certlildatlon,
Non-compliame,with or viola jon of the conditions herein sat forth bye specific project may result
In revocation of this General Certiffeation for the project and May also result in criminal Show clyil
panalhss,
The Director of the North Carolina Division of Water Quality may require submission of formal
anhtinafino fnrIndividual cadiflnetiomfor anv ordiect In this cateoorvof aollvity If It Is. determined
Water Quality Certification No 3598
4

I
Water Quality Certification No. 3898
Public hearings maybe hold for specific applications or group of appplications prior to a
Certification decision ifdeemed In the, p�rblics 6osontemst by the; Dnector of theNorthDerolina i
Division of Water quality,
Effective date March 19, 2612
DIVJ8104 OF WATERrQUALITY 1'
By
Charles Waklld P. E. - f�
Director h
I _
i
HistoryNote: Water Quality Certification Number3896 issued Match 19, 2612roplaces WQC
Number3693 issued November 1, 2067; WQC Number 3639 isaued Mardh 19, 2007, WQC
Number 3492 issued December 31,.2004; and WQC Number 9073:&sued March 16, 2002. This
Genera/ Cemficedep is rescinded when fho Corps oiEnglneers reauthorizes any of the _
corresponding Nationwide and/orR9y'ionsf Gen seat Permits or when deemed apprropriate by tiro
Director of the Division of Water Quality:
i"
Water Quality Certification No, 3898 - 6'
I

Water -Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Project Name:
PAT MCCRORY
on—
DONALD R. VAN DER VAART
S—r.,
S. JAY ZIMMERMAN
9—tv,
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
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 CerdfredProfessional
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.
SiUe.fNaM (arum I Environme 1QmGryl Wvr1]U —
1611Mail—to Center I Meigk NoMCeenLY216991611
9197079000