20161050 Ver 1_Approval Letter_20161115

1�
Water Resources
ENVIRONMENTAL QUALITY
November 15, 2016
James Kindley
401 Macedonia Road
Asheville, NC 28804
PAT MCCRORY
covemor
DONALD R. VAN DER VAART
S—M,
S. JAY ZIMMERMAN
IJ11eC10Y
DWR# 16-1050
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Mndley Sunset Pointe Lot 9
Dear Mr. Mndley:
You have our approval for the impacts listed below for the purpose described in your application
dated October 20, 2016, and received by the Division of Water Resources (Division) on
November 2, 2016, with additional information received on November 10, 2016. These impacts
are covered by the attached Water Quality General Certification Number 3898 and the additional
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 any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed,
and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. 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. [15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
ool
Pacres)
Below Pool
0.0218 (Above
0.0103 (acres)
2. 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
S., fN.MCardma IEmwnmemel Quality Weler Resources
2099 U S. Hwy. 70 1 S =moa, Nm h C=Iwa 281)8
8282964500

Kindley Sunset Pointe Lot 9
DWR# 16-1050
401 Approval
Page 2 of 3
General Certifrcation(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. 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).
4. 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. [G.S. 143-215.5]
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 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 8:00am 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:
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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Kindley Sunset Pointe Lot 9
DWR# 16-1050
401 Approval
Page 3 of 3
This letter completes the review by 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,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: William Elliott—USAGE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy (via email)
Andrea Leslie —NCWRC (via email)
Ron Harmon — McDowell County Planning (via email)
Cathleen Adkins—Catawba Valley Property Management (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQQ cDo 11\401s\Non-DOT\Wohlgemuth 1066 Harborside Dr1Ve\APRVL.Woh1gemuth 1066 Harborside Drive. 10.27.2016.docx

i
F
Water Quality Certification No. 3898
GERAS&EL0I
fNEO�9LL.pRCY
ERONMIT 00tEOU,LATeo
PUBLIC UTILITIES) AND RE 1FIN MITIJI
T3 AK ND RESERVOIR
ihT fCE TItlNA TVI, Et^'
ANDD RIPARIAN REA PROIgOTION RULES (01JEFER RULES).
Water Quality Cedihttation Number 3898 to is owed In conformity with the requirements of Section
401, Pqbllo Laws 02.500 and 95.217 of the United'States and sobieet to the North Comilre
DIVision of Water Quality Regulations irk 16A NCAC 02H 0560 and 15A NCAC 029 0200 for the I
discharge of hit material to Waters and Wetland areas as described in the Wilmington District's
Regional (General) permit Number 198200030 and,Regiohal Permit Number 198200099 and for
the Riparian Area' Protection Rules (Buffer Reis) In t5A NCAC 02B.0200,
The State of North Carolina certifies. that the, specified category of activity will not violate
applicable, portions of Sections 901,,'302, 303 396 e,'ntf 307 of the: Publ Ic Laws 92.500 and 95.217
If conducted In accordance with. the conditions hereinafter set forth. -
Activities matting any one (1) of the following thtoeholds or circumstances require written -
approve) four a 401 Water Quality Certification from the Division of Water Quality (the
"Dlvishmi'l:
a) Activities that result in fill dredging or-excavation'of waters- or wetlands below the normal
b) Any impact associated with a Notice of Violation or anenforcement action for violation(s)
of DWQ Wetland Rules (18A NCAC 02H,0000), Isolated Wetland Rules (I NQAC 02H
.1300), DWO Surface Water or Welland Standards, or Riparlen Buffer Rules (15ArNCAC
028 000): or - -
ol,. Any Impacts to streams andldr buffer$in'the Nouse Tar -Pamlico or Catawba River
delegation for "ALLOWABLE"activities, - -
LAMA Permit, then one payment to both agencies shall be submittal and will be the higher of the
two fees, _
Activities included In this General Certification that do not most Otis of the threshold$:
listed above do not require written approval frgm� tho Division as long as they comply with
the Conditions of Certlflcation listed below. If say of these Conditions cannot be met, then
written approval from the Divlslohls requited.
Conditions of Certification:
1, No Impacts Beyond those Authorized in the Written Approval Or Beyond the Threshold of Use,
of•dil Unification. -
Nowaste, &poll,.solids, or fillofany kind shall occur In wetlands waters, or riparian areas
beyond the footprint of the Impacts depicted In tine Pre•Constructlon NMI cation, as
authorized in the written approval from the Division or beyondthe thresholds established for
use ofthis Certification without written authorization, Including Incidental Impacts All
construction,activ(tles including the design, installation operation and maintenance of _
sediment and erosion control Bost Management Practices shall be performed so that
violations of state water quality standards statutes or rules recur Approved plans and
Water Quality Certification No. 3898

Water Quality Certification No. 3898
specifications for thls protect -are Incorporated by.raferenceand are enforceable parts of this
potmit, - -
2. Standard Emslonond Sedimeft Control Practices -
Erosion and sedhnent oontrolpraobces must be in full complmnge With all specifications
governing the proper design instabil0h and dporatlon.and maintenance of such gest
Management Praoticea and lfoppioablo, comply With the apec rile conditions and
- requlemonts of the N0bm Construction Btormwater Permit Issued to the site; -
a; Design,. iretellatlon,operation, and maintenance of the sgdJmgm and erosion control
measures must be such that they -equal or exceedthe requirements specified tithe most
recent version of the North Caroliha SadlMont and 8f016rl.Control Mapool, The devices
shelf be maintained on all construction saes; borrow sits i and Waste pile (spell) p(0)arts,
Including contractor -owned or leased honeW pits associstedwith the projadt,
k. For borrow pit altes the erosion and sediment control measures must be designed, -
Insisted, operated, and maintained Ip accordance with the most recentversion Of the
North Caroline Surface Mt(ftng Manual,
Q. Heclaldahon measures and fmplemantat(dn must complyylhh the reclamation In
accordance with tire reOU(rements-of the Sedimentation Pooltutlen control Act and they.
Mining Aot of 4971, - .-
d. fiufflcient materials, required fdr stabilitatidb andOr repair of eroslotrcontrof measures -.
and sformwater routing. and treatment shall kaon site a](01111 nes.
- -a.- 1f the project occurs In watara 9r watershedsrclassified as primary NdrseryAreas (PNAO); — -
9A, WS -C, W5-11, High Quality (HQW) or Qutstanding Resource (QRWi waters than the
saGmentaton andprosloncontrol, designs must comply with the requirements set forth
In ISA NQAC 04Q.A1241 Design standards in 9ensifi4,Waferaheds.
2 No Sediment and Eroslon Control MeasuresinWetlands orWatars
rho specific area within the project.
a Cbrtstrnobon9tormwaterPermitNc(401DopD
An NODES Construction Srurrowater permit is required for Construction projects that disturb "
one (1} or more acres of land This IPermit allows stparweiter to be discharged during lend
disturbing construction activities asstipulated 10 the conditions ofthepermit Ifyourproject
iscbveredbyths perrmt full colgpllphoa wlfhpernMl.conditions Including the erosion&
sedlmenrabon corifrol plan, inspections and maintananco, self-monitoring record keeping
and: reportingrequfrements lsrogulred AoopyoflhapaoeralperOt(NGCt1.10000),
inspection log sheats, and ogler information me ba found at
htta•nnorfsindelarsrvorarwek/wdlwslau/nodasswNldb-w
Water Quality Certification No. 3898 `2'

Water Quality Certification NO. 3898
The North Carolina Department 'of irensportat`lon (KCDOT) shall berequlred to be in full
compliance with the conditions related to construction aptivitias withinthe most recent version
of their Individual NPOn (NOS009260) stormwater permit.
6. Construction Moratorium$,end Coordinagon
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 orfederal aganoles and coordinated with these activities.,
All moratoriums on construction activities established by the NO Wildlife Resources
Cornlnlssion (WRC), US Fish and Wildlife $ervtoa(USFM) -NC Division of Marine Fisheries.
(OWN, or National Marine Fisheries Service (NMF6) to lesson impacts on trout, anadromous
fish, larval/pogWarvef fishes and crustaceans or other sguatf4 species of concern shall be.
implemented, 5xcaphons 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,
USMS, NMFS,: and/or DMFpersonnel.
6.. Work 16 the Dry
All, work in or adjacent to stream waters shall beconducted ,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 Erosren Control Manual, or the NO DOT
- Construction and MaintenanceActividee Manual, such as sandbags, rook berms, cofferdams,
_ and other diven lon etruoturogehall be used'',tomialmlza excavation in flowing water,
Exceptions to this condnioh require application submittal to and written approval by the
Division.
7. Riparian Area. Protection(I;ufferj Rules
is" identified within.
-.0250{ .0267 and
flow
dlffusa
8,. if concrete is used during the constrootron thanallrwessary msasures shall be taken to
prevenf direct contact between uncured or curing concrete and Waters of the stale Water'
that lnadvartentlycontacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills,
Rip, p freshwater lakes to ensure
9 RI -ra shell be watervJard of bulkhead's installed in
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.
Ig. Piers and boat hcuses.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 notlfloationsor similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective -buffer$ within tha project boundaries in order to assure
Water Quality Certification No. 3898 - 3

Water Quality Certification No. 3898
compliance for future wetland, water, and bdffer impact These mechanisms shall be put in
place at the time of record In of the property prof Iddiyiddal lots whlehevet Is allpraptfate A
sample deed notification can be downloaded from lhe'441NNgtlands Umt website at
fitt // on 1,no' r /Wdb/va 7s W 401/errtsan 6rhnfala" Inorms. The textof the
sample
Is
notification may be, modified as Opprop ste to suit to a spaciticPmJeo€. -
Documentation of deed notifications shall be provided to the Division upon request.
12, If an environmental document is requiredunder the National or State Envimnmentaf Policy
Act (NFPA or SEPAj, then this. General Certification is not validuntil o Finding of No
Significant impact (FONSI) or' Record of Decision (ROD)19 issued by the State
Clearinghouse.
13, In the twenty X(220) coastal counties the appropriate DWO Regional Office mustbe cahtacted
Io determine If Coastal $tormwater Regulatlonewill be required':
14.: This General Certification does not relieve the applicant of the resp ohsibility to obtain all other
required Federal, State, or Local approvals. - -
15. The appllasra/permittee and their authorized agents shall conduct all activities in a manner
,consistent with- State water quality standards (Including any requirements rasulting from -
compliance WM V03(d) of IN Clean Waist Act), and any other appropriate requirements of
State and Padeeral Law, If the taivision determines thateuch standards or laws are not being
met Including failure to Sustain a de,
ignaled or achieved use;; or that State Or Federal tswis
:being violated, or that further cRndltions are necessary to assure compliance, then. the
Division may reevaluate and modify this General Water Quality Certification.
19, When Written authorization is required for use of this certification upon oompletioa of all
_- permitted impacts Included within the app, rovaland any subsequent modiflostions, the
applatint shall be required to return the certificate of completionattached to the approval.
Otis copy of the gefflileste, shall be sent to the DWQ Central"Off ice in Raleigh at 1656 Mail
5brAde Center. Raleigh NC, 27698.1650. - -
17. Additional siteapeoiflo conditions. Including monitoring and/pr modeling requirements, may
16. This ceftlficatlort grants permission be the director an authorized representative of the
`Director, of DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The wondittorrs In offset on the date
of issuance of Certification for a specific project shall female in effect for the life of fits protect,
regardless of the expiration date of this Corti fl'2i tion. -
Water Quality Certification No 36'8$
4

Water Quality Certifications No. 3898
PUblio hearings may be held for specific apphoations or group of appplications prior toa
Certification decision ifdaemed in the pubhc'spest IOterest by the`bvector of theNorthCarolina,
DiVisiort of Water Quality.
Effective dale: March 19, 2012
DIVISION QF WATER QUALITY
By
Charles Wekild:.RE,
Airwot
Water Quality Certification No. 889$
8

Water Resources
EN VIN... rtnPL.URLITV
PAT MCCRORY
co.emor
DONALD R. VAN DER VAART
Z[ 1b
S. JAY ZIMMERMAN
D—.,
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 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
11 , 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
11 , 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 Perinitee 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.
Su,eofNoMCamam I awGonmemal QwllryIwater Ruo s
16IIMeil—Cevme I Nelelfh.N..hC—kG 29699-1611
919707%00