20161147 Ver 1_Approval Letter_20161205

WaterResources
ENVIRONMENTAL QUALITY
December 6, 2016
Moncure Properties, LLC
Attn: Andrew Weathersbee
2223 Croydon Road #403
Charlotte, NC 28207
PAT MCCRORY
G,.. -
DONALD
,.. .
DONALD R. VAN DER VAART
S—i'Ary
S. JAY ZIMMERMAN
EY,V.
DWR# 16-1147
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Moncure Properties, LLC — 201 Lake Blvd.
Dear Mr. Weathersbee:
You have our approval for the impacts listed below for the purpose described in your application
dated November 19, 2016, and received by the Division of Water Resources (Division) on
November 21, 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:
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. f 15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0057 (acres)
0.0057(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. dN.M C-1.. I Emtrow.1 Q.e d,1Wear Ree .-
2090US.Hwy.70 J Swum .,NOMCar 1-28778
8282964500

Moncure Properties, LLC —201 Lake Blvd
DWR# 16-1147
401 Approval
Page 2 of 3
General Certification(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 thedesign, 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 Lure 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 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: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 DEQ:

Moncure Properties, LLC —201 Lake Blvd
DWR4 1&1147
401 Approval
Page 3 of
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.mitchelIgncdenr.gov if you have any questions or concerns.
Sincerely, Q
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 — DEMLR (via email)
Clint Calhoun — Town of Lake Lure (via email)
Andrew Weathersbee — Property Manager (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQautedord\401sWon-DOTMo=ure Properries LLC - 201 Lake Biv PAPRVL.Mwmm Properties LLC -201 Lake Blvd
12.06 2016 doex

Water Quality Certification No. 3898 tj
G L (: RTIFICATIO A PROJECTS ELIGIBLE F.. U S. C
E INEE SR to 2 Ad F C12 T PUBLIC TI I IES A E IT 19 00073 OEL B RESER . IR _
.T CE' P T 10 A TE
AN RIFARI E Tt 10 LE B FFER LE
Water Quality CertHlOabon Number 3598 isissuedlo Conformlty With the requirements of Section
401, Pop1b Laws 92-$00 and 95277 of the United Mates and subject to the North garollna -
Division ofWatet Quality Aegulations In 15A NCAC 02H 0500 and 15A NCAC 02B.0200 for the
discharge of fill material to waters and wetland areas a$ described in the Wilmington District's
Regional (General) Permit Number 10824*30end ,Regional Permit Numbar 198200019and 'for ¢
the Riparian Area Protection Rulos (Buffer pulse) In 10A NCAG 02B 0200 €`
Tho State ofNorth Carolina certifies that toespecified category of activity will not violate Itr
applicable portions of Sections 301,,'802, 303 300 snit 307 of the Public Laws 92.000 and 96-2-17
if conducted In accordance with the conditions hereinafter set forth,
a), Activities that result In frig. dredging ore$gaXafloO of watereor wetland's below the normal
high water IsVef; or
b) Any Impact associated with a Notice of Violation or an enforcement action for wolatton(s)
of DWO Wetland Roles (16A NCAC 02H 0600), Isolated Welland Rules (1 BA NCAC 02H
.1300), DWI Surface Water or Wetland Standards, or Rlporlan Buffer Rules (15A,NCAC
-
028..020ft or
Md
two less,. _
Activities Included In this GeneralCortlfloailon that do not Moot one of the thresholds
I!stop 'allove,do not require written approval frgtp'ths Division as long so they comply with
the Conditions of Certification ilsted below. If any of these Conditions cannot be mot,. then
written approval from the Division Is rsqulted,
Conditions Of CerV cation:
i, No Impacts Beyond those Authorized in theWrideo Approval Or Beyond the Threshold of Use
of this Certification
No waste, spoll,.sglids,:orfill Ofany kind shall Occur InWetlands, Waters; or riparian areas
beyond the footprint of the Impacts depleted in the Pre•Construotlon Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
useofthis Carnficotion without written authorization, including incidental Impacts All
conslruntion activities, Includingthe design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed ado- that no
vlolatlons of state water quality standards statutes, or rule$ occur, Approved plans end'
Water Quality Certification No. 3899 1

Water Quality Certification No. 3898
speelficatlons for this project are Incorporated by referencaand are enforceable patts of this
- permit - - -
2 Standard Erosion and Sedimey(tt3whol Practices
Erosion and sediment control practices most dein fug compganm with all spe.ofl0alron5
governing the proper design, installation and-oparauon.and maintenance of such Best
Management Ptaoticas and 4 appIlooble, comply With the sp6ti le conditions and;
- fequffemants of the ObtiEtdonstorobon Stormwater 00eMl.]Iiaued to the site:
a, Qesigna.installation,operation, and maintenance of the sadiriapf and erosion control
measures must be such that they aqual or;azceed dna require, mprrto speoitfed in the, most.
recent vemton of the Ndrt(i L"arolina Saelirnent alit! ErQSldnonfroJ an al, Tt68 devices
shall be malntalned on all conatruatron sites,borrow Si( ,;apdWa8i , Pile(Spci) pl'olaote.
including contractor -owned or leased bofrow pits assbciafed With the project
b, For borrow pit sites the eroamn and sediment control measures must be designed,
Installed operated, amt maihtalhed in accordance with t(temost recentWilslon of the -
North Carolina Sun'aca Mining Manual.
c. Reclamation measures and implementation must oompiyWththereclamationin.-
accordancewith the requirements. of the SedGnentation Pollution Control Act and the:
Mlning Act of 40,71, -
:d. Sufficient maleriala required for stabigaationandrbh repair Of measures
and stormwater routing. and treatment aha bd�on $'its atbll'tlmes. -
__ a.''if the project occurs In waters or wahmmeds classified as P'rmary, Nursery Areas (IONAS),- - --
SA, W$-], W$41, High Quality (HQW), or Outstanding -Resource (ORM "fars then the
seclimentatlon and erosion control designs must comply with the requirements set forth
In iSA NCAC 04$0124, Dsson,Standerd&in$ansitri/, Wdfer.aheds.
S. No SedinniM and Ermslon Control MeasuresinWetlands orWatem ,
be
4, Ccnstruniion Stoormwater Permit NCQ01.0.0p4 _
An NpbES Construction Stormwoter Permit is required for construction projects that disturb
one(lyormorsaore5oflar This Permitallows stormwater to be discharged during land
disturbing construction sodvltles as stipulated ip the conditions of the permit Ifyourprojedt
rs cowered by this permit, full eampilanoe with per mit conditions tncludlng the erosion &
6 AJImentahbh control plan, inspections and maintenance, Self-monitoring record keepingl
ai{'drepottingregUhments.iara'quim.d. A copy of the general pempt(NCGO10600),
inapaodon log Streets, and Other information maybe found At
hito•l/norfal hgdanPalro/We61wa/wsieplhodasavNFlshow,
Water QualityCertification No. a898 2

Water Quality Certification No. 389$
The North Carolina Department of Transportation (NCDOT) shall be required to be In full
compliance with the conditions related to construction activities within the most recent version
of their Individual Ni (NOS000250) seormwetsr permit,
5. Construction Moratoriums and Coordination
If activities must cccurduring periods of high biological activity (Iesea tulle nesting fish
spawning or bird mating) then biological monitoring may be required at the request of other
state or federal agoncles and coorqjnateck with these aotivithes.:
All Moratorium$ on construction activities dgtdlllished by the NO Wildlife Resources
Commiss(on (NERC), US Fish and Wildlife SeryJpe (US,FWS),,:NO Division of Marine Fisheries
((EMF), or National Mariba Fisheries Service, (NM) to leseenimpacts on trout, anadromoda
fish, larVallpoet-larval bshas and crustaceans,or other aquatic speciesof concern shell be
imi5iernented, Fxceptk+ns to this condition require written approval by the resource agency .
responsible for the given moratorium..
Workwdhin,the .(wenty-five (25) designated trout counties or Identified state or federal
ordain or or threatened species habitat shall. be cocrdfoaeed with the appropriate WRC,
USFWR NMFS,and/or DMF personnal, -.
B. Work in the Dry
All work In or adjacanito stream waters ahall..be conducted so that the flowing stream does
not come in contact With the disturbed area. Approved pest management practices from the
most current version of the NO Sediment and€rosion ControlManual, or the NC DOT
Construction and Maintenance Activibes Manual, anchor sandbags, rock berms,. cofferdams,
and other diversion struoturea,sh'a0 be used to minimize excavation in fowling water.
-- exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area. Protection(Buffer)Rules
Greek
to have minimal disturbance to protect Water quality to the maximum extent praotcable
through the use of beat managefnentpractlbes. All bufierrui6.requi(emeats, Includmgdlfft!s
flow requirements, must be met. _
8. If concrete is used during the construction, then all necessary measures shall be taken to
.prevent direct contact between uncured or curing condra i, and Waters of the state Wafer
that Inadvertently contacts uncured concrete,shall not be discharged to Wears of the state
due to the potential for elevated pH and possible aquatic life/ fish kille.
9. kip -rap shall be installed waterviard of bulkheadss Installed in freshwater lakes to ensure
protection of aquatic habitat. Construction over Nrailands shall be elevated at least three (3).
feet above any wetlands, and floating structures: anal l not rest perrodiaally on the bottom.
ftl. Piers and boat houses shall tie constructed to provide for storage end removal of sewage
rather than allowing raw waste or other sewage to be dispgsed directly Into surface Waters.
11. Peed.notifloatipns' or similar mechanisms shall be placed on all retained jurisdictional
wetlands waters, and protective buffers Within the proteot boundaries in order to assure
Water Quality Certification No. 3898 3'

Water Quality Certification No, 3858
'compliance for -future wetland,, water, and buffer impact These mechanisms shall be put in
place at the lime of recording odthe orodanv orofiridivirlb 116t whichever 19 Obbroorlate, A
sample deed notification can be downloaded from the 4011We116hdi dlt Web site at
oda rOr lWeb1W_g1S 1 a a fe/a'"I Ifofm Thetektofthe
sample deed notification may be. Modred as oppro ate to sultto a epeolhoprojedG
Documentation of deed notifications shall be provided to the Divislob Upon request.
12, If an environmental document is required under the Nahchat or State EnvirohmentatPolicy
Act (NEPA or SEPA), ten this. General Certification is hot validmill a Finding of No
' Significant In pact (FONSI) or Record of Decislon (RDo) is §shed by the 51ote
.. Clearinghouse. -
13. in the twenty TO) coastal Counties, the appropriate DWQ Regional Office mustbe contacted
ta:determina if Coastal Stormwator Regulations will be required:
14.. TMA General Certification doses not relieve the applicant of the respohability to: obtain all other
required Federal. State or Local approvals. - -
15. Th"pplloardVpermnttee and their authorized agents shall conduct all activities in a Mannar
- consistent with State wafer quality standards (including any Moqulremelta rosull from
cerop0a0po with 5303(4) of the Cllean Water Act), and any other appropriate requirements of --
State anti Federal Law, If the Division determines that such standards or laws are not being
root, including failure to sdstafn a'designated or achieved use ,or that State or Federal law is
being violated, or that further conditions are necessary to assurecompliance, then the:
Division May reevaluate and modify this General Water OualttyCendication.
10, When Written aulhorization islrequlredforuseof this conifioatlgn, upon completion of all
pprulltod Impacts included Within the 0, pproyof and any sub9acuent modIficationa, the _
applicant shall be required to return the certificate of completion attached to the approval.
Ona copy of the oedlflesto shall be sontto the DWQ Den{fat Office in, Raleigh at 1850 M81f
SaNlca Center, Raleigh, NC, 27699•1850. -
17,
may
ssanowas,. -
18 this certification rants parrrussroh to the director, an authorizedreprosentative of the
Director,. or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.. ,
This General Certification shal I expire on the some day as the axpiratlon date of the
corresponding Nationwide and/or Reglonal General Permit. The corsittfops to effect on the data
of lasuange of Certification fora specific pnill shall,remain In effect forthe life of the project'.
Iegardless of the expiration date of this Cartlficahon. -
Non-RpmpllanCewith or violation of the aondihone herein set forth by specific projeof may result
in revocation of this General Certification for the projectatid mpy also rosuIt In criminal and/or dlgp
Penalties,
Th'a Director of the North Carolina ovision of Water Quality may, require submission of aformal
appiTcatian for Individual Cedlfieallan for any project In this categoryof aotivky if it Is determined
that the baNact is likely In have a slonificant adverse. effect noun Water Quality. Includinq state; or
Water Quality Certification No. 3899 4

Water Quality Certificatton No. 3898
Public hearings maybe held for s0018o applications or group of appplications pdpr.to a
Certification deotston if deemed in the publics beat Interest by the'blrector of the North Carolina;
Division of Water Quality,
Effective data: March IQ, 2012
DIVISION OF WATERQUALITY
By
Charles Wakild.lx.F,
Piredfot
'hls
he
Water Quality Certiflcatlon No. 8898 6

NIC
Waterftesources
ENVIRONMENTAL OOALITV
WR Project No.:
Project Name:
PAT MCCRORY
0 ..—
DONALD R. VAN DER VAART
S`.„
S. JAY ZIMMERMAN
D1.11 -
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 remm 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
I, 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
I, 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 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.
Sule ofN.M Camlma I E---.1 Quality I Wet. Rla-
1611Noo—ce Cenmr I ¢slab, NOM C.I... 17699-1611
9197075000