20161169 Ver 1_Approval Letter_20161212

WaterResources
ENVIRONM ENTAL QUALITY
December 12, 2016
John R. and Mary Kay Watts
220 Canoe Drive
Mill Spring, NC 28756
PAT MCCRORY
rpnamo.
DONALD R. VAN DER VAART
5'eoeory
S. JAY ZIMMERMAN
D,.,I'
DWR If 16-1169
Polk County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS 1
220 Canoe Drive Shoreline Stabilization
Dear Mr. and Mrs. Watts:
You have our approval for the impacts listed below for the purpose described in your
application dated November 2, 2016, and received by the Division of Water Resources
(Division) on November 28, 2016, with additional information received December 7, 2016.
These impacts are covered by the attached Water Quality General Certification Number 3885
and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers.
Please note thatyou should get 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 are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
S.dN.MCarolwe I Env400me WQu iryl W.1e,R,10 1
2090 U S. Hwy, 70 1 Swannwoa, NOM Carolina 28778
8282964500

220 Canoe Drive Shoreline Stablllzation
DWR# 16-1169
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Water
Impact 01
0.01 acres
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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)1
3. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at
the water/land interface. 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 or stream flow and shall consist of
clean rock or masonry material free of debris or toxic pollutants. The riprap 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. [15A NCAC 02H .0507(c)]
4. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated November 30, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
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 8:00am and 5:00pm, excluding official
state holidays).

220 Canoe Drive Shoreline Stabilization
DWR416-1169
401 Approval
Page 3 of 3
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
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 DENR:
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 Andrew Moore at 828-296-4684 or
Andrew.W.Mooregncdenr.¢ov if you have any questions or concerns.
Sincerely,-
I � '-✓
2a PrK ice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC Comment Letter dated November 30, 2016
cc: David Brown - USACE Asheville Regulatory Field Office (via email)
Andrea Leslie -NCWRC (via email)
Cathy Ruth - Polk County Planning (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
C:\WR\WCDPolD401s\Non-D0T\220 Cane Drive Shoreline Stabilization\APRVL.220CanoeDriveShorelineStab[lization.12-12-2016.docx

Water Quality Certification No. 3885
GENERAL CERTIFICATION. FOR STREAM RESTORATION, ENHANCEMENT AND.
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FSR U,S. ARMYCORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 13 a; NB $TABIGZATIONI AND
27(WETLAND NO RIPARIAN RESTORATI19N AND CREATION).
AND REGIONAL PERMIT 197800080 (BULKHEADS AND RIPRAP)
AND: RIPARIAN AREA PROTECTION Rib Ps (11 RULES)
Water Quality Certification Number 3886 Is issued inconformity With the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 16A NCAC 02H 0500 and 15A NCAC 02B 0200 for the
discharge of fill material to waters: as described In 33 CFR 330 Appendix A (B). (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 16A
NCAC 028.0200,
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections. 301, 302, 303, 305 and 307 of the Public Laws 92.500 and
96.217 If conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401. Water Quality Certification from the Division of Water Quality. (the
"Division„):.
a) All proposed fill or modification of wetlands and/or waters, including streamsand
stroambanks, regardless of the purpose: of the restoration, enhancement, stabilization, or
creation activity, except for single: and independent projects involving in -stream structures
forthe sole purpose of streambank stabilization, which are designed based on current
natural channel techniques, anddo not exceed total of three structures within 100 feet
or less of streambank; or
b) Any stream relocation; or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 forerosion protection
which utilize non -natural armoring such as riprap, gabion baskets, deflection walls etc of
which utilize natural streambank sloping,: vegetation. and other natural channelprotection
techniques of greaterthan 500 feet of streambank length; or
e) Any impact associated with a Notice of Violation or an enforcement action for violations)
of DWQ Wetland Rules (15A NCAC 021-1,0500), Isolated Welland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0260); or
f) Any impacts to streams and/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 Rulesj in effect at the time of
application) Unless the activities are listed as "EXEMPT" from these rules ora Buffer
Authorization Certificate is issued through N,C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
Inaccordance with North Carolina General Statute 143-215,31)(e), written. approval for a401
Water Quality General Certification must include the appropriate fee. If a project also requires a
LAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
written approval from
Conditions of Certification!.
r
1 Activities shall meet the definitions design, andmonitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory` Guidance Letter (RGL02 02)and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
s or fill of any kind shall occur in wetlands, waters or riparian areas
if the Impacts depicted in the Pre -Constriction Notification, as
an approval from the Division or beyondthethresholds established for
n without written authorization including incidental impacts. All
Including the design, installation operation, and maintenance of
control Best Management Practices shall be performed so that no
er quality standards, statutes or rules occur. Approved plans and
project are: incorporated by reference and are enforceable parts of this
3.. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be In full compliance with all specifications
governing the proper design, installation and operation and maintenance of such best
Management Practices and if applicable, comply with the specific conditionsand
requirements of. the NPDES Construction Stormwater Permit issued to the site:
a. Design, :installation, operation and maintenance of the: sediment and
shall bemaintained on all construction sites, borrow sites,and waste: pile (spoil) projects,
Includingcontraotor-owned or leased borrow pita associated. with the project.
8. 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 Manuel.
c. Reclamation measures and implementationmust 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 at all limes.
e. If the project occurs In waters or watersheds classified as Primary: Nursery Areas.(PNAS),
SA WS I, WS -11, High Quality (HOW) or Outstanding Resource QRW)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..
Water Quality Certification No. 3885

Water Quality Certification No. 3885
4. No Sediment and Erosion Control Measures in Wetlands or Waters
5. Construction Stormwater permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1)or more acres of land. This Permit: allows stormwaterto 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 condition$ including the erosion &
sedimentation control plan, inspectlons and maintenance self-monitoring, record keeping
andreporting requirements is required A copy of the general. permit (NCG010000),
inspection log sheets, and other information may be found at
.htto:/lportal. ncdenrorc/web/wo/Ws/su/nodessm*,94-w .
The. North Carolina Department of Transportation (NCDQT)-shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
6.. Construction MoratoriumsandCoordination
If activities must occur duringperiods of high biological activity (Le, 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.
(DMF) or National Marine Fisheries Service (NMFS) to lessen Impacts on trout, anadromous
fish, larval/post-larvalfishes. and crustaceans, or other aquatic, species of concern shall be
implemented. Exceptionsto this condition require written approvalby the resource agency
responsible for the given moratorium.
Work within the twenty-five (26) designated trout counties or identified state or federal.
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,, and/or DMF personnel.
7.. 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 NC DCT
Construction and MaintenanceActivhies 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.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
8, Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not);
within the Nauss, Tar -Pamlico; or Catawba River Basin$ or in the Randleman, Jordan, 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 15A 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 extentpracticable
through the use of best management practices.. All buffer rule requirements, including diffuse
:flowrequirements, must be mot.
9. If concrete is used during the: construction, then all necessary measures shall 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,
10. Alltemporary fill and culverts shall be removed and the Impacted area returned to natural
conditions within 60 days of the determination that the temporary Impact is no longer
necessary. The impacted areas shall be restored to original grade including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bedprofile,.
and the various sites shall be stabilized with natural woody vegetation (except for the
.approved maintenance areas) and restored to prevent erosion.
11. All temporary pipes/ culverts/riprap pads etc, shall be Installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
12, Any riprap required for proper culvert placement, stream stabilization or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction: activity. All rip -rap shall burled and/or "keyed in" such that the original stream
elevation and sireambank contours are restored and maintained Placement of rip -rap Or
other approvedmaterials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area
13. Any rip -rap used for stream stabilization shall be of a size and density Boas not to beable to
be carried off by wave, currentaction, or stream flows and consist of clean Tock or masonry
.material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
14. A one-time application of fertilizer to re-establish vegetation isallowed in disturbed areas
including riparian buffers, but is restricted to no closer than. 10. feet from top of bank of
streams Any fertilizer application must comply with all other Federal, State and Local
regulations.
15. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1.401 INC
Division of Coastal Management. General Permit for construction of Wooden and Riprep
Groins in Estuarine and Public Trust Waters)must meet all the specific conditions for design
and construction specified In 15A. NCAC 07H .1405.
Water Quality Certification No, 3885

Water Quality Certification No 3885
16. Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects,impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may berequired for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the.
Table of Uses.
A.: determination of buffer,wetland, and stream mitigation requirements shall be made: for any
General Water quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream: Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be Implemented and/or constructed before any impacts
occur on site. Alternatively, the Division willaccept payment into an in -lieu fee program ora
mitigation bank, In these cases, proof of payment shall be provided to the Division before
any impacts occur on site,
17. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA) 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,
18. In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
19.. This General Certification does not relieve the applicant of the responsibility to obtain all other
required: Federal, State, or Local approvals.
20.. The applicant/permittee and their authorized agents shall conduct all activities in manner
consistent wth State water quality standards (Including any requirements resulting from
'compliance with §303(d) of the Clean WaterAct) and any other appropnate regwrements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State. or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification,
21. 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 1660 Mail
Service Center,Raleigh, NC, 27699-1650.
22. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order to ensure compliance with all applicable water quality and effluent
standards.
23, 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..
Water Quality Certification No. 3885 5

Water Quality Certification No. 3885
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 projectshall 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 Certification for the project and may also result in criminal and/or civil
penalties.:
The Director of the 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 is determined
that the, project is likely to have asignificant 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 am precluded.
Public hearings maybe held for specific applications or group of applications prior to: a
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 OF WATER. QUALITY
By
M orxC' m 41 /
Charles. Wakild, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 issued November 1, 2007, WQC Number 3626 issued March, 2007, WQC
Number 3495 issued December 31, 2004; and WQC Number 3399 Issued March 2001 This.
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or °Regional General. Permits and/or when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3885

NCO
Water Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name: _
PAT MCCRORY
G—.Ar
DONALD R. VAN DER VAART
Secretary
S. SAY ZIMMERMAN
/Jan"Ar
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 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
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:
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:
Ifthis 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 Penance hereby state that, to
the best of my abilities, due cue 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.
stale orN.A Caroline I Envnml L.WQanktyIwearRe-
1611MaileerneeCenter I Ralei84 North Caro1UO 27699-1611
919 707 9000

® North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
November 30, 2016
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: 220 Canoe Drive Shoreline Stabilitization
Lake Adger, Polk County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize approximately 100 feet of shoreline on Lake Adger in Polk County. Our
comments on this application are offered for your consideration under provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d).
We do not object to the project, provided it addresses an active and appreciable shoreline erosion
problem. The application proposes to stabilize 100 feet of shoreline with riprap or other large
stone and livestakes.
The project should not harm trout. However, Lake Adger supports a muskellunge fishery. This
fish is an ambush predator that needs cover, particularly fallen trees and other large woody debris
(LWD) which are common on the shoreline of Lake Adger. Shallow water bottom and LWD are
important habitat components for various sunfish, largemouth bass, and other fishes in the lake;
many of these fishes are prey for muskellunge. In addition, trees and shrubs above the waterline
not only stabilize banks but also serve as habitat for wildlife such as song birds.
We offer the following recommendations to minimize impacts to wildlife resources:
1. Any shoreline stabilization should be limited the area of appreciable erosion.
2. Large woody debris should be left in place or moved temporarily and replaced after
stabilization work is complete.
3. Retain as many shrubs and trees as possible on the shoreline.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

220 Canoe Drive Shoreline Stabilization November 30, 2016
Lake Adger, Polk County
4. We recommend the use of bioengineering techniques, such as bank sloping and vegetation
planting, over hardening where possible. If hard structures are used instead, we recommend
the use of stacked stone.
5. We support the use of livestakes for this project; recommended species include Silky
Dogwood, Ninebark, and Black Willow.
6. Install a rip rap apron at the base of stone wall in order to provide habitat complexity.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: John and Mary Kay Watts, landowners
Andrew Moore, NC Division of Water Resources