20161143 Ver 1_Approval Letter_20161201

NIC
WaterResources
ENVIRONMENTAL QUALITY
December 2, 2016
Fred and Jacqueline Dunlop
23 Pine Briar Circle
Houston, TX 77056
PAT MCCRORY
G— -
DONALD
DONALD R. VAN DER VAART
S"YY' ,
S. JAY ZIMMERMAN
DI—I.,
DWR # 16-1143
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dunlop 204 Pier Pointe Drive
Dear Mr. and Mrs. Dunlop:
You have our approval for the impacts listed below for the purpose described in your application
dated November 16, 2016, and received by the Division of Water Resources (Division) on
November 18, 2016, with additional information received on December 1, 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 once it is 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:
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
AbovePool
Below Pool
0.0020 (acres)
0.0028 (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
slemafxowC mti a I avuoowewal Quality) Ww R,Aow s
2090 U. S. Hwy, 701 Swaanuaoa, North Caroline 28778
8282964500

Dunlop 204 Pier Dr.
DWR4 16-1143
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. No Impacts Beyond those in Application
No waste, spoil, 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
Notification. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. Lake Late is classified as B; Trout
waters.
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: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:
If sending 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:

Dunlop 204 Pier Dr.
DWR# 16-1143
401 Approval
Page 3 of 3
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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
Kevin.mitchellna ncdenr sov 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: David Brown — USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — DEMUR (via email)
Clint Calhoun — Town of Lake Lure (via email)
Kim Warner — Consultant (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G\WR\WQauNerford\401sWon-DOMunlop 204 Pier Dr\APRVL.Dunlop 204 Pier Dr. l2 02 2016.doux

Water Quality Certification No. 3898
Water Quality Certification Number 3898 is issued in conformity with the requirements of Section
401, Public Laws 92.500 and 95-21.7 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H 0500 and 1 B NCAC 026 0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's
Regional (General) Permit Number 198200030 and. Regional Permit Number 198200079 and for
the. Riparian Area Protection Rules (Buffer Rules)In 15A NCAC 02B.0200,
The State of North Carolina Certifies that the, specified category of activity will not violate
applicable portions of $actions 301, 302, 303 306 and 307 of the Public Laws 92-500 and 95-217
If conducted in accordance with the conditions hereinafter set forth,
Activities meeting any one (1) of the following thresholdsor circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division")
a) Activities that: result in fill, dredging or excavation of waters or Wetlands below the normal
high water level or
b) Any impact associated with a Notice of Violation or anenforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H.0500). Isolated Wetland. Rales (1'5A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A. NCAC:
02B..0200); or
c) Any impacts to streamsand/or buffers in the Neuse,. Tar -Pamlico,: or Catawba River
Basins or in the Randleman,. Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules (Buffer Rules) In effect at: the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C.Division of Coastal Management (DCM)
delegation for "ALLOWABLE activities.
Quality General Certification must include: the appropriate fee If a project also requires a
Permit, then one payment to both agencies shall be submitted and will be the higher of the
Activities included in this General Certification that do not meet one of the thresholds.
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, 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 waste, spoil, solids, or fill of kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyondthe thresholds established for
use of this Certification without written authorization, Including Incidental impacts.. All
construction activities, Including the design, installation, operation, andmaintenanceof
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes; or rules occur. Approved plans and
Water Quality Certification No. 3898

Water Quality Certification No. 3898
specifications for this project 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 compliance with all specifications
governing the proper design,ihstaflation and operation and maintenance of such Best
Management Practices and if applicable comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit: issued to the site:
a, Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified In the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall. be maintained on allconstruction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project
b, .For borrow pit sites the erosion and sediment control measures must be designed,
installed, operated and maintained In accordance with the most recent version of the
.North Carolina Surface Mining Manual
a Reclamation measures and implementation must comply with the: reclamation In
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971;:
d Sufficient materials required for stabilization and/or repair of erosion control measures
.and stormwater routing. and treatment shall be on site at all times.
a. if the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS -I, WS -II, High Quality (HOW) or Outstanding Resource (ORW): waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
In 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Division If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in. a manner that may result in dla-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR). or locally delegated program has released.
the specific area within the project. -
4. Construction Stormwater Permit NCGO1,0000 -
An. NPDES Construction Stormwater Permit is required for construction projectsthat disturb
one (1) or more acres of land This Permit allows starmwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit, If your project
Is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
andYeporting requirements is. required A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
Alto°//oortal ncdenr ora/web(wa/ws/su/nodessW#tab-w.
Water Quality Certification No. 3898 2

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT)shall berequired to be in full
compliance with the conditions related to construction activities within the most recentversion
of their Individual NPDE8 (NCS000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of highbiological activity (i.e. sea turtle nesting, fish
spawning or bird nesting) then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
Ali moratoriums on construction activities ssta'bllshed by the INC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS),ING Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions 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 threatenedspecies habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,. and/or DMF personnel:
0. Work in the Dry
All work in or adjacent to stream waters shall be conducted 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 NC Sediment and Erosion Control Manual; or the NO DOT
Construction and Maintenance Activities Manual, such as sandbags rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval: by the
Division.
7. Riparian Area. Protection (Bufier)Rules
or
Goose Creek Watersheds ('or any other basin or watershed with buffer rules). shall be limited
to "uses" identified within and constructed in accordance with ISA NCAC. 02B.0233, .0259,.
.0243,.0250,.0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8, If concrete is. used during the construction, then all necessary measures snail be taken to
prevent direct contact between uncured: or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
due to the potential for elevated pH and. possible aquatic life/ fish kills:
9. Rip -rap shall be installed waterward of bulkheads Installed in freshwater lakes to ensure
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.
10. Piers and boat housesshall beconstructed 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 notifications orsimilar 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 buffer impact These mechanisms shall be put in
place at the time of recording of the property or ofmd1wdua[ lots Whichever Is appropriate. A
sample deed notification can. be downloaded'from the 401NVetlands Unit web site at
http://Portalnedenrorglw6b/wo/swo/ws/401/certsandp,ermits/apoly/forms: The text of the -
sample deed notification maybe modified as appropriate to. suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
12. If an environmental document Is required under the National of State Environmental Policy
Act (NEPA or Si 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,
11 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 811 other
required Federal, State, or Local approvals.
15.
16, When written authorization: is required for use of this certification upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC; 27699-1666.
17. Additional site-specific conditions including monitoring and/or modeling requirements, may
sranaaras.
16. This certification grants permission to the director, an authorized representative of the.
Director, or 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 conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of This Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result.
in revocation of this General Certificationfor the project and may also result in criminal and/or civil
penalties.
The Director ofthe North Carolina Division. of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it isdetermined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3698

Water Quality Certification No. 3898
Public hearings may be held for specificapplications or group of applications. prior to
Certification decision if deemed In the public's best interest by the Director of the North Carolina
Division of Water Quality, -
Effective date: March 19, 2012
DIVISION i OF WATER QUALITY
By
rn'ez;c -In ,
Charles Wakild,.P.E
Director
History Note: Water Quality Certification Number 3898 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007, WQC Number 3639 issued March 19, 2007 WQC
Number 3492 issued December 31, 2004; and WQC Number 3373 issued March 18, 2002 This..
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3898

WaterResuurces
ENVIRONMENTAL QUALITY
PAT MCCRORY
cn.emnr
DONALD R. VAN DER VAART
s""o"
S. JAY ZIMMERMAN
Dbecmr
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
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:
If 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 Pemdtee 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.
Som ofNOM Carol— I EavinO mevlalQ h,I Wamvnaow Q
1611 Mail soma Cenmr I Raleigh No,W Carolina 276991611
9197079000