20110870 Ver 2_Approval Letter_20161115

KC
Water Resources
ENVIRONMENTAL QUALITY
November 15, 2016
Larry7. Fox
1238 S. Orange Avenue
Sarasota, FL 34239
PAT MCCRORY
ar.—
DONALD R. VAN DER VAART
seoremry
S. JAY ZIMMERMAN
Direemr
DWR # 11-0870-V2
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Fox Lots 6 & 7 - Lake Glenville
Dear Mr. Fox:
In accordance with your application dated August 30, 2016, and received by the Division of
Water Resources (Division) on September 31, 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
I Below Pool
0.0179 (acres)
0.0179 (acres)
State ofxonn Carolina I Enetronmental Quality I water Resmuces
2090 US Hwy 701 Swannanoa, NOM CUT— 28778
8282964500

Fox Lots 6 & 7
Page 2
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. [ 15A NCAC 02H .0507(d)(2)]
2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear protective
measure upon the regraded slopes. Stone used in stabilization shall be of a size and
density sufficient to prevent movement by wave or current action and shall consist of
clean rock or masonry material free of debris or toxic pollutants. The rip -rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This
authorization shall in no way be construed as allowing the installation of a bulkhead or
seawall. [I 5A NCAC 0211 .0507 (c)]
3. Replant or allow the re-establishment of native vegetation in areas within the project
boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management
Guidelines.
4. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 0211 .0507 (c) and 15A
NCAC 0211.0506 (b)(2) and (c)(2)]
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.

Fox Lots 6 & 7
Page 3
A petition form may be obtained from the OAH at http://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: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
One (1) copy of the petition must also be served to DENR:
Sam 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 Tim Fox at 828-296-4664 or
tim.fox9nedem.eov. if you have any questions or concerns.
Sincerely,
r
Zan rice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion

Fox Lots G & 7
Page 4
cc: DWR ARO 401 files
cc: Bob Martin— TheSeawallCo./Bobs Docks (via email)
Kevin Holland — Duke Energy (via email)
David Brown - USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — DEMLR (via email)
DWR 401 and Buffer Permitting Unit (via email)
G\WR\WQVackson\401s\tdon-DOT\Larry Fox Lots 6&7Lake GlenvilleN RVl401Lar Fox-Lots6&711-15-2016.docx

Water Quality Certification No. 31198
E E LO RT CATIO FOR .6 ECSELI IE FORDS.
ENGfNEERS REGIONA P poo M 0 I VA OR FERO REGULATED
PUELIO UTILITIES) AND REGIONAL ERM T 19 200019 01 LAKE AND RESERVOIR
_
1 T E ti GTi N A "In
i I
AND RIP RIAN APRO7EO7t01 qUL 6f,,,,UFFER RLit. I
Water Quality Certification Number 3890 Is headed in conformity with the requirements of $edticn
401,'Public Laws 92.500 and 96277 of the United States and subject to the North Carolina -
DIVI's'lon of Water Quality, Regulations in l BA NQAG 02H ,0609 and 16A NCAC 028.0200 for the
discharge of fill material to waters and wettand areas as doscrdred in the Wilmington Dishicl's -
Regional (General) Permit Number 1982Q0030 and RaglonafPermil Number 198200099 and for
the Riparian Area Protection Rules,(Buffer Rules) in 10A NCAC 02B.0200,
The Stats, of North Carolina cartiflea: that the $pecifted category of activity will not violate j
applicable portions of $actions 301,'302, 303, 806 and 807 of the Public Laws 92-800 and 96,217
if oonduoied In accordance with the Conditions hereinafter set fodh. -
Activities m9eting'Any 000 (11 Of the following thresholds or circumstances require written
app rfiviovAl foraf 401 Water OUalIty Certification from the Division of Water Quality (the I
a,) Activities that result in fill, dtedgmg of eMcava0on of watersor wetland's below the normal
high:watorlevel`, or
b) Any Impact associated with a Notice of violation or an, enforcement action for violation(s)
of the
Included in this
written approval from the Division Is raqulted�
Conditions of Certification:
7. No Impacts Beyond those Authorized in tha Written Approval or Beyond the Throshold of Use
of this Certification
No waste, $poll,. solids, or fill ofany kind shall occur In wetlands, waters or riparian areas
beyond the footprint of the Impacts depleted In the Pte-Construollon Notification, as -
othonted In the written approval from the Division or beyonothe thresholds established for
use of this Certification without written authorization, including fnoidentafimpacts: All
construction activities including the design lnstallstion, operalbn, and maintenance of _
sediment and erosion control Best Management Rootless shall be performed so that no
violations of state water quality standards statutes, or rules occur, Approved plans and
Water Quality Certification No. 3898 1

Water Quality Certification No. 3898
"speclfloadons'for 'this prolackars incorporated by roference, and are enforceable parts of this
Permit.
2. Standard Ereslonond Sediment Control Practices
Eroslon and sediment controlpra4hoes must lie to full cpmpl(anpe with all specifications
governing the properdasigh, installation ahtl o��ratlanand maimenange of such Best
Management Practices and if applicable, comply with the speciffoconditions and.
requlremants of the NPbES Construotton Stoftoweter Permit issUea to the site;
a, Pesign,Installation,operation, and Maintenance cftho-sadimant and erosion control
measures must be such that they equal or exceed the isquIremants specified in the most
recent version of the North Carolina Sediment and Erg81dn Control Manuel, The devices
shall be maintained an all construction sites{ bp[row sltds,ard waste pile (spell) projepts,
including contractor -owned or leased borrow pits associated with the prof Edi
b, For borrow pit sitos the erosion and sediment control measures must be designed;.
Installed, operated, and maintained In accordance with the most recentaerglon of the
North'Carpllna Surf s Mining Manual, -
c. Reclamation ereasuresand implementation must complYWith the reclamation in
accordance with the requirements ofthe 5edlmentatfod Pollution Control Aot and the:
MlnlhgActof19,71. -
d, Sufficient materials required for stabilization Wine rbpair oflerosloncontroffneasures
and etormwater routing, and treatment shall be�on site al all'times.
�a If t W5 -h ot'WS-h,uHi to water MQWTwatersheds Quo fa-ss,flgd as Primary Nursery Areas (PNAo;),-
At
y Cetandlhg pasdiuce QRWI, waispej leen the
sedimonta lorn and erosion control designs+must comply wIn the 6squirements set fickh
la faA NCAC 045,9124Veargn Sttandard$ in Sensitki Wa(ehshOds.
8. No Sediment and Eroslon Control MeasuresinWetlands or Waters
4, Construction Stotmweter ParmitNCt4g19g9q _
An NODES Construsfloh Stormwater Permit is required for construction projects that disturb
one (1y or more sera$ of land This Permit allows stormwaterto be discharged during land
disturbing c4nstniotioneotlyit(es ass31pwated In the conditions of thepermit I€yourproject
is covered by thiS'ppscrollfull compl(ahod with permit conditions iholuding the erosion &
sedimentation control plan, inspection and maintenance, self-monitoflngg record keeping
andreporting,reguiremantsisrequlred, Agppvotthegooeralpermjt(NCGQfooga),
insiodchcnlpgshasts,dnd6lh8rinfdCmatipntpa beidund9t
.hied:/lborial ncddntom/weB/v�giyislsuYriodasavrNtdb�nr
Water Quality Certification No. 3898
2

Water Quality Cer'tif lotion filo. 3898
The North Carolina Department of Transportation (NCDOT) shall be requited to be In full ; _
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NOS000260) stormwdter permit, -
1.
S. Construction Moratoriums and Coordination
if activities must occurduring periods of high bfologieal activity (i.e. sea turtle nesting fish
spawolngr or bird nesting), then biological mdpiitoring may be required at the request of Other
State or federal agencies and coordinated with these setivgtes.,
All moratoriums on construction activities established by the NO Wildlife Resources,
Commission (WRC), U$ Fish and Wildlife eerylps (USpWS) NO Division of Marine Flshedes.
(DMF), or National Marine FisRepes 3enijce (NMF$) to lassen'Impacts on trout, anadromOus
fish, larvallpost larval fishes and crustaceans,: or Other aquatic species of concern shall be
implemented. Rxcoptkms to this condition require written approval by the resource agency .
responsible (Or the given: moratorium.. -
Work within the -twenty-five (2F+) designated trout counties or Identified estate or federal
endangered or threatened species habitat shall be coordinated` with the: appropriate WRC,
USFWS, NMr$,. and/or DMF personnel:
8.. Work in. the Dry
All, work in or adjacent to stream waters Shall be conducted so that Ins flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NO $ediment and Erosion ControlManual, or the NO DOT
Constructmh and.Malntenartca Activities Manual, suet: as sandbags rock berms, cofferdams,
and other diversion structures ahall be used to minimize excavation in flowingwater.
Exceptions to this condition requilre application adbmittal tO'ond written approval by the
Division.
7. Riparian Area. Protection (Buffer) Rules
identified
to have minimal ch
through the use: of
flow requirements,
diffuse
8, if c9ncrate Is paed during the construction, thea all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and Waters of the state. Wafer
that. Inadvertently contacts uncured concrebaashafl cot be discharged to Waters, of the state
due to the potential for elevated pH and possible aquatle life/ fish kills:
9. Rip -rap shall be Installed watefw8rd of bulkheads installed In freshwater lakes to ensure
protection of aquatic habitat Construction overvadands 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-shallhe constructed to provide for storage and remuyahof sewage
rather than allowing raw waste or other sewage to be disposed dlreotly Into surface waters,
11, Deed notlBcahonsorsimilar mechanisms Shall t be placed on all retained Jurisdictional
wetlands waters,; and protective buffers Within: the project boundaries in ordertd assure
Water (Quality Certification No. 3898 - 3

Water Quality Certification No 3898
compliance for futurewedand, water, and buffer Impact These mechanisms shelf be Out In
place at the time of recording of the orohanit ol` 6Plntllyitlu l Idfs wNidhevar is aharoprfate, A
sample deed notification can be downloaded from the 401Mlotlands [dint Wob. site at
mtt'/! nrt ncdehror Iweblw7sw / 0 Ifs(` I Roans. The'textof'the
- gample deed`gotifisation rosy oe modifledas approp ate to aultlo a 2paolf(oprojedf, -
Documentation of deed notifications shall be provided to the Division upoarequest.
12 If an envlronmental document is required under the National or State Envirohmantaf Policy
Act (NEPA or SizPA}, 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
tc detarmine if, Coastal $tormWator Regulatlons-will be requifadr
14,. The General Certification does not relieve the applicant of the xeepahsibifityto obtain all other
.. required Federal. State, or Local approvals. -
15. The applioant/permitteeand their authorized agents shall conduct all Activities in a Mannar.
consetent with State water qualityY standards (inoluding airy regWraments resviting Rom
cemPfianoe with 5303(d) of the Clean Water Act) and any other appropriate requirements of
State and Federsl Law If the Division determines that such standards or laws are not being
met Including failuretoaustainadesignatedorachieveduse,orthatStateorFederallawIs
being violated. or that fUrther, conditions are; necessary to assure oompliance, then the
DfAsion may reevaluate and modify this General Water quality Certification,
tri. Wham written authorization isrequired for use of this certifieatlon, upon completion of all
-. pprmdted hripadis ingNded w(ihin the approvaJd any subsequent modifaaticna, the _
APptieant shall be required to return the certificate of completion attached to the approval.
One copy of the gertiflcate shell be sentto the OWQ Cartrol Office in Raleigh at 1650 Mall
Service Center, Raleigh, NC, 21699-1660, - - - -
17. Additional slfespecifioconditione Including monitoring and/or modeling requirements, MAY -
Standards..
16. This certification grants permission to the director, an allthorited representative of the
Dfractor, of DENR staff, uponthe presentation of, proper credentials, to enter the property
during normal business hours,
This General CertiBcauon shall expire on the some day as the expiration date of the
corresponding Nationwide and/or Rag[oral General Permit The conditions in affect on the date•
of issuance of Certification for a spot ffc project shall remain in aP%at forthe life of protect,
regardless of the expiration date of this 0ardfisatian.
Non-compliance with or viola loq of the conditions herein set fonh by specific project may re alit
in revocation of this Ganoral Ced(ffoadon for the project and rheyalso result in criminal and/or croft
Potato.
The Director of the North Carolina Divislon 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 atggnifjcant adverso-effect upon water qualify, including state or
federally listed endangered orthYeatened equate species, or degrade the waters so that existing
uses Of the wetland or downstream waters ere precluded.
Water Quality Certification No. 3894 4

Water Quality Certification No. 3898
f
Public hearings maybe held for specific appffcahons orgroup ofapppnsahons prior to a
Certification decision if deemed in the publics best)nterest by the'ftector of the. North Carolina
Division of Water Dustily,
Malys data March 19, .2012
DIV1S1dNOF WATEE.QUALITY
AIZZ
Charles Waklld RE: - -
Diraefot
History, Note. Water Quality Certiffoaflon Numbor3696 issued March 19, 2412 replaces WQC
Number3693 issued November 1, 2007; WQC Number 3639 issued Mamh f9, 200,7, WQC
Number 3492 issued December 31,.2004- and WQC Number 9373 issued March 182602'.. TbTs -
General Certification is rescinded wham the Corps of Engineers reauthorizes any of the
corresponding Nationwide andlorReglonal GeharefPermits or when deemed appropriate by the
Director of th9 Division of Water Quality:
F
4
1
a
i
Water Quality Certification No.. 3898 - 6
r
i
I
1

WaterResources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant: _
Project Name:
PAT MCCRORY
G,v,.or
DONALD R. VAN DER VAART
secretory
S. JAY ZIMMERMAN
Limwor
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 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
L, 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:
pf this project was designed by a Certified Professional
L , 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.
SIM, ofNotlh C.I.a I ERYiR—M lel Qnliry l wale,Resources
1611 Mail eeivve Cwler I Roelgh, Nonh Caroline 27699-1611
919 707 9000