20161067 Ver 1_Approval Letter_20161121

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WaterResources
ENVIRONMENTAL QUALITY
November 22, 2016
Sam Craig
PO Box 1861
Asheville, NC 28802
PAT MCCRORY
DONALD R. VAN DER VAART
seg. mry
S. SAY ZIMMERMAN
D—.'
DWR # 16-1067
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Craig 27 Anchor Drive
Dear Mr. Craig:
You have our approval for the impacts listed below for the purpose described in your application
dated October 24, 2016, and received by the Division of Water Resources (Division) on
November 4, 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 we approved, including incidental impacts. [15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
I Below Pool
0.0032 (acres)
10.0048 (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
Slate dNorJI Caroline 15nv ental oAliry l µ'ate, Re,o.aA
2090 LLS Huy, 70 1 SRam., North Ca fin.28778
8282964500

Craig 27 Anchor Drive
DWR4 16-1067
401 Approval
Page 2 of 3
General Certification(s)/Permit/Authorizafron 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 GAIL
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending 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

Craig 27 Anchor Drive
DWR# 16-1067
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,
Lan
Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: William Elliott— USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy (via email)
Andrea Leslie —NCWRC (via email)
Ron Harmon — McDowell County Planning (via email)
Carissa Parker — Bernick Enterprises, LLC (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
O'.\WR\WQWcDrvv11W01,Non-DOT\Craig 27 Anchor Drive\ RVLCraig 27 Anchor Drive 11.222016.d.oa

Water Quality Certification. No. 3898
GENfiRAL CfiRT TIO 0 0 E T' ELjr? LE POR U S. AR 6 eS O
ENGIN ERS.REOfu PE NI6E iii 0" P OR OULATEO.
PUBLIC JTLITIESI A E i R 1T1 r T gQE LAKE ANP,RESER 01.
I�I�—T �, cE'RC'P� CTl iN AO N T E
AN"D RIPkRIAN AREA PROT TI E§ IMUh'SERRULES).
Water Quality Certification Number 3590 Is Issued In conformity With the requirements of Section
101Puh11e Laws $2-600 and 95217 of the United States and subject to the North Carolina
Div ig(on of Water Oualiy Regulations In 16A NCAC D2N 0500 and 15A NCAC 02B4O200 for the
discharge of fill material to waters and wetlandareas as described In the Wilmington District's
Regional (0+onaragPermit Number 10620QQ30 and'Reillwal Permit Number 198200019and for
the Riparian Area Protection Rul'eS (Buffer Rules) In I 6 NCAC 02B.0200.
Tho$tate of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 3011'802, 303 306&nq 307 of the:Public Laws 92-600 and 95-217
if conducted in aoeordanpe wilh. the conditions hereinafter set forth.
a), AotivlQes thatrssuitht fill, dredging oregeamationof waters or wetlands below the normal
high waterlevel' or
b) Any Impact associated With a Notice cfViotaSen or anenforcement action for violatfon,(s)
of OWQ Wetland Rule's I16A NCAC '02H .060, Isolated Weiland Rules (16A NCAC 02H
_._.... 0)..
¢tivllles Included In this General tlartifldaok nthat 00 not most one of the thresholds
.,,..,_., ��r. _. _._......... .......
Conditions of Certification:.
1 No impacts Beyond those Authorized in the. WrittenApprOvol Or Beyond the Threshold of Use
of this Certification. .
No waste, spall,solids, or fill of'rany kind shall occur In wetlands,waters, or riparianpress
beyond the footprint of the impacts depicted In the Pre•Consfruetlon Notification, as
authorized to the written approval from the Division or beyond the threshold$ established' for
use of this Certification without written authorizatlon including Ibeldentaltmpacts All
construction activitle6 including-thedesign,installation, operation, and mainterrance of
sediment and erosion control Best Management Practices shall be performed so thatno
vlolatons of state water quality standards, statutes or rules occur Approved plans and
Water OualityCertification No. 3890 - 1

Wate7 Quality.CeOlfication No, 3898
specifications for this projeotare.Incorporated Cy reference and are enforceable parts of this
permit; - -
Z, Standard Eroslon.end Sediment Control Practloes
Eroslon and sediment control practices must be In full comIsi with all specification
governing the proper design, Installation and operation an=4intenampe of such Best
Management Preotioes and if Applicable, nbmply With the S,'P 00 conditions and,
requlramente of the N0bES'ConstrucUon storMWatet PerMitlseled to the site
a, Design;installation, operation, and malntenance of tl;a'sadiinent and erosion control
measures must be such,thetthey equal or exceed, theiapuli'smprits specified in the most
recent"Won of the North Carolina Sddkent and Er0ldh,toniml00wal, The devices
shall be maintained on all construction sites;; borrow sliss, and waste pile($poll) projedts,
including contractor -owned or leased borrow pirsassbblifed with the project -
b, rorborrow pit sites the erosion and sediment control measures must be designed,
- Installed, operated, and maintained In accordance wlth.the most recentwslon of the
North Carolina Sudeoe Mining Manual, - -
C. Reelamatilon mossuresandlmplementaitoo most comply With thefaclamatlon in
accordance with the requirements. of the Sed(montat(on Pollutjon Confrol Act and the:
Mining Act of 1971 -
d, Eufficientmaterials required for stabigiado0 and/or MOO Ofarosion Control measures
and stormwaterrouting and treatmbntshal be on site at allfimes.
-;a. 'Ifthe project occurs In waters or watershadsielassifled as Primary Nursery Areas (PNA$),-
SA, WS -1, WS -II, High Qualfty (HQW), or Qutstanding Resource (QRW) Wataos then the
sed(montafon and erosloo..control deagns'Must com'gjy with the requlremente set forth
It 16A NCAC 048 6124, Design Standards in Bandit; Weters))eds.
9. No Sediment and Eroslon Control Measuresin Wetlands orWatbm
data that the bihiblon of Land Resources (KR) or locally delogaled program has released.
the specific area within the project. - -
4. Conslbuotian Strfrmweter Permit NC4010000
An NPDES Construction Stbmiwater Permit isreq ulred for construction projects that disturb
.ems (1}or more acres ofiead; This Permit allows stormWoter to be discharged during land
disturbing construction eQu llesaselipulatedintheoondigonsofihepermit, Ifyourprojebt
is covered by thisparmit full C00, liahoe wl(,h permitcondlttonsincluding the erosion &
aadimenlation tonCl plan, inspeotlbns and maintenance self�mQhltofing record keeping
and reportinglrequirements is re¢ryfred, A copy of the general pgmrlt(NCRS10000),
inpdcnon log shoals, and other information be found at
.htto!/bbrlalhddenroro/Web/wd/wslsu/rlpdas nl, abw,
Water Quality Certification No. 3888 2'

b
Water Quality certification No. 3398 f
i
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 NPDE6 (NOS000260) stormwater permit, Y
9. ConstroctfonMorsionumsandOpordinatiop.
If activities must occur dUri ng,periods of high biological activity (I a sea turtle nesting fish ,
spawning or bird nesting), then biological moot,€odhil may be required at the request of other
state or federal agencies and coordinated with these activities.,
Ali moratorium$ on construction activities established by the NO Wildlife Resources
Commis5km (WRC), U$ Fish and Wildlife $ervji a (QSFWS),.NC Division of Marine Fisheries.
(D1viF) or National Marine Fisheries Sarvica (NM) to lessen impacts on trout, anadromous
fish, iarvoilpost:larval fishes and crustaodans,; or other squabs species of concern shall be
imintamented. Exceptions to this condition require written approval by the resource agency
responsible for the given. moralorlum.
Work within the twenty-five (25) designated trout counties or Identified state or federal
endangered or threatened species habitat shall be coordfoatedwith the: appropriate WRC,
USFA NMPS,: and/or DMFpersonnel
6 Work In the Dry All work in or adjacent to stream watera shall be conduoted sq that the flowing stmam does
not come In contact with the disturbed area. Approved best management practicesifrom the
.. most current version of the NO Sediment and Eruakm Control: Manuel, or the NC DOT
Construction and Maintenance Aotivi las Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures ahall be usedto nlinitnlze excavation in flowing water,
Exceptions to this condition require application submittal to andwrittan approval by the -
Division.
7. Riparian Area, Protection (Buffer) Rules
Goose CreekWatr
to 'uses" identified
.0248-.0250,.0265
to have minimal dit
flow requirements, must be met. _
8. If concrete is usedduring the construction then all necessary measiresshall be taken to
prevent direct contact between uncured or curing concrete and Waters of the swtei Water
that InadvertenRty contacts uncured concrete shall not be discharged to water's, of ins state
due to the potential for elevated pH and possibleaquatic lifa/Yish kills:
O. Rip -rap shall be installed waterward of bulkhead's installed In freshwater lakes to ensure
protection of aquatic habitat. Conshuction over watlandseholl be elevated at least three(3)
feet above any wet(and% and floating structures: shall not rest periodically on the, bottom.
10, Plereand boat housesahall be constructed to pfovida for storage and ramoval of sewage }
rather than allowing raw waste or other sewage to be disposed directly Into surface wafers„ {
I . Dead nodficatlons or similar mechanisms shall be placed on all retained jurisdictional
wetlands waters, and protective- buffers within the project boundaries in ordortd assure I
Water Quality:Certiftcation No, 3898 3
r

Water Quality Certification No, 3898
Eompllaneefor future'wetland, water, and buffer impactThese mechanisms shall be out to
pial":fitthe ime;of record ing of the pro6sirtv or 6f ddIvIdual l6tk Whichavo-is-appreprhaft A
sample deed notification can be downloaded from the 401Nvalla'I lJmt web. site at
' s its/a /ffirm . Thotextofthe
sample deed -notification may tie modified as'epproprlate to Eult to a specific -project•
Doopmentation of deed notifications shall 60 provided to the Division upon request.
12, if an environmental document Is required under the NMenal of State Enuirghmental policy
,Act (NEPA or SRPA}, then this General Certification is not validuntil a Finding of No
Significant impact (PONSI) or Record of Decision TROD) is issued by the State
Clearinghouse.
13, in the Nvenfy (20) coastalcoun8es, the appropriate DWQ Regional Qftloe must be coMacted
to determine If Coastal Slormwator Regulations will he required;
14, This GePerai Certification does not relievethe applicant of the tespohsibilityto'obtain All Other
required Federal, State, or Local approvals. -
18. The appllcanlYparmlttee and their authorized agents shall conduct all aatloties in a manner
consistent with State water quality standards (including any requirements resulting from
compliancewltfl&303(d)ofthe Clean WaterAct),and any other appropriate requ rnehtsof
State and Federal Law Ifthe, Pivisiondetermines thatauch'standards or'laws Wenatbalgg
triet, including failure to sustain a'deMgnated or achieved use,or that State or Federal law is
.being ulclafiad, or Mat further oppOltions are necessary to assure compliance, then: the,
Division may reevaluate and modify this General Water Quality Certification.
10. When written owthorizadon is IrequJIMO for use of this ceniflcatlon upon completion of all
_ _.. permitted impacts ipciuded within the spprovarsad any subsequent modifeauohe, the _
.applloahf shall be, required to return the certlfioate of completion -attached to theapproval,
One Dopy of the cerdflosta shall be sentto the DWQ Centrat Office in Raleigh at 1650 Mail
Service Center, Raleigh. NC;. 27899.1050. -
17.
may
18, This certification grants permission to the director, an authorized representaCFe of the
Director, or DENR staff, upon the presentation Of proper credentials, to enter the property
during normal buslnaas hours.
This General Certification shall expire on the same day as the explraflon date of the,
corresponding Nationwide and/or Regional General Permit The conditions in effepfon the date
of issuance o Certification for a siceeifio project shall remain In effect for the life of the project,
Iegardleza of the expiration date of this Certification.
The Director of the North Carolina DIVISIon of Water Quality may require submission of formal
application for IndlVidual Cef6floatlan;for any project In this category of activity if it is determined
that that project Is likely to have a aiggnificant adverseeffect upon water quality. Including state of
federally listed endangeredorthreatened aquatic species, or degrade the waters so that existing
neea'of the;Wetland or downstream vmtars are precluded, -
Water Quality Certificatfon No. 3898. 4

Water Quality Certification No. 3.898
Public hearings may be had for specific applications or group of apppltcatlons prior to a
Certification decision ifdeemad in the. publws bestinterest by d Rrector of the North Carolina;
Division of Water Quality, -
_ Effective date March19,:2012.
DIVISION:. OF WATER QUALITY
;3y
Charles Waklld P. E,
DireetQ?
History Note: Water Quality Certification Number 3888 issued March 19, 2412 ropiness WQC
Number 3693 Issued November 1, 2007; WOO Number 3639 issued March 1$ 2007,WQC
Number3492 issuedpecember31,.2004; end WQO Number 9373 issued March f8, 2002. This
General Certification is rescinded When the Corps- ofr?ngtneersteauthonzes any of the.
corresponding Nathinwlde and/or Regional Qenaeat Permris or when deamed appropnat s by the
Director of the Division of Water Quality
Water: Quality Certification No. 3898 - 6

NCO
Water -Resources
euviaou NsxrAL ocAury
WR Project No.:
Applicant: _
Project Name:
PAT MCCRORY
G --
DONALD
--DONALD R. VAN DER VAART
sno„mc
S. JAY ZIMMERMAN
Ls—.,
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
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
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 Pertnitee 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: Registration No.
Date
&elmfNOMCm1- I am6onmmel Qwliol Walevaesomms
161lMails—Centu I aeleg4 NOM Cuolioa 276991611
9197079000