20161177 Ver 1_Approval Letter_20161220

NIC
Water Resources
ENVIRONMENTAL QUALITY
December 21, 2016
Tom and Vicki Rogers
530 Brown Sugar Retreat
Mt. Pleasant, SC 29464
PAT MCCRORY
G1, ­
DONALD R. VAN DER VAART
saGplNry
S. JAY ZIMMERMAN
DItY.
DWR# 16-1177
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Rogers 185 Blarney Road — Lake Lure
Dear Mr. and Mrs. Vickers:
You have our approval for the impacts listed below for the purpose described in your application
dated November 25, 2016, and received by the Division of Water Resources (Division) on
November 30, 2016, with additional information received on December 15, 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. [15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool I Below Pool
0.0430 (acres) 10.0532 (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 dNoM Cv Yina I Env.'.l Quality l WUARexowces
2090 U S. Hwy. 70 1 Swawanoa, Notlh Carolwa 28778
8282964500

Rogers 185 Blamer Road
DWRN 16-1177
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 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 [15A NCAC 02B .0211 (21)]. Appropriate sediment and
erosion control practices must be used to meet this standard. Lake Lure is classified as
B; Trout waters.
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://v w .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 OA14
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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Rogers 185 Blarney Road
DWR# 16-1177
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
kevin.mitchell@ncdenr 2ov if you have any questions or concerns.
Sincerely,
Zan Pric� ssist�nal S pervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: David Brown— USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NC WRC (via email)
Clint Calhoun — Town of Lake Lure (via email)
Stan Aiken — DEMLR (via email)
Vince Wiegman — Wiegman Architecture, PA (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G\WR\WQ\RUNerford\40tsN.-DO]1Rogers 185 Blame, RoadWRVLRogers 185 Blamer Road 12 212016.docz

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 96-217 of the United States and supject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H ,0500 and 16A NCAC 02B 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 16A NCACO2B :0200.
The State of North Carollna certifies that the specified category of activity will not violate
applicable portions of'$actions 301, 302, 30$, 306 and 307 of the Public Laws 92-500 and 95-217
If conducted in accordance withthe 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
"Divlsl'on" R
a) Activities thatresult in fill, dredging or excavation of watersorwattands below the normal
.high water level: or
b) Any impact. associated with a Notice of Violation or anenforcement action for violations)
of DWQ Wetland Rules (15A NCAC 02H.0500) Isolated "Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200); or
c). Any impacts to streams and/or buffers In the Neuse, Tar -Pamlico, or Catawba River
Basin& 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) unlessthe 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,
LAMA Permit,. then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities Included In this General Certification that do not meet one of the thresholds
listed above do: notrequire 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 requited.
Conditions of Certification:
I. 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 any 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 beyond the thresholds established for
use of this Certification without written authorization including Incidental Impacts.. 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. Approved pians and
Water QualityCertificationNo. 3898

i
Water Quality Certification No. 3898
{
specifications for this project are Incorporated by reference and are enforceable parts of this
permit. f
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must bean full compliance with all specifications
governing the proper design, installation and o eration 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
measuresmust 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 all construction sites, borrow sites,, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
to .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.
c. 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.
e. if the project occurs in waters or watersheds classified as. Primary Nursery Areas(PNA$),
SA WS -1, WS -ll 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 Sensitives Watersheds.
3. No Sediment and Erosion Control Measures In Wetlands or Waters
erosion controlmeasures shall not be placed in wetlands or waters.
this condition require application' submittal to and written approval by the
rcement of sediment and erosion control devices In wetlands and waters is
hen design and placement of temporary erosion controlmeasures shallnot be
i manner that may result in dis-equllibrlum of wetlands, stream beds, or banks;
upstream and downstream of the above structures All sediment and erosion
s cheil hp rmmhvpd' and the natural arade restored within two months of the
.the specific area within the project
4 Construction stormwater Permit N0001,0Q00
An NPDES Construction $tormwaterPermit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater 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.
and reporting requirements is. required A copy of the general permit (NCGQ10000),
inspection log sheets, and other Information may be found at
-htto:/Ii)Qrtal.ntdenr,orolwob/Wa/ws/su/npdessw#tgb .
Water Quality Certification No. 3898

Water Quality Certification No. 3898
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 recentversion
of their Individual NPDE8 (NCS000260) stormwater permit,
5. Construction Moratoriums and Coordination
If activities must occur during perlods 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 or federal agencies and coordinated with these activities,.
Wildlife Resources.
; Division of Marine Fisheries
npacts on trout, anadromous
)ecies of concern shall be
at by the resource agency
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,
USFWS NMFS, and/or DMF personnel.
6. 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 DOT
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 (Buffer) Rules
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to 'uses" identified within and constructed in accordance with 16A NCAC 029 0233, .0259,
.0243, 0250, .0267 and .0605, and shall be located, designed, constructed,andmaintained
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
8.. 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.
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 toast three (3)
feet above any wetlands, and floating: structures shall not rest periodically on the bottom.
10. Piers and boat houses 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 notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, wafers, and protective buffers within the project boundaries In order to assure
Water Quality Certification No. 3898

Water Quality Certification No. 3898
compliance for future wetland, water, and buffer impact These mechanisms shall be put in
place at the time of recordinq of the property or: of individual lots whichever is appropriaLe:. A.
sample deed notification can be downloaded from the 401 /Wetlands Unit Website at
httd //portal ncdenr ora/wed/wq/swo/ws/401/ce tsandbarmits/analy/forms: The text of the
sample deed notification may be'modified as approprlata 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 or State Environmental Policy
Act (NEPA or SEPA), then this: General Certification Is not valid until a Finding of No
Significant Impact(FQNSI). or Record of Decision (ROD) is issued by the State
Clearinghouse.
13. 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 all other
required Federal; State, or Local approvals.
15. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water aualily standards (moludlna anv requirements msultin9 from
)Iated, or that further conditions are necessary to assure compliance, then the
may reevaluate and modify this General Water Quality Certification,
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' Off ice in Raleigh at 1650. Marl
Service Center, Raleigh NC 27699-1650.
17. Additional site-specific conditions, including monitoring and/or modelingrequirements, may
ame.arae..
18. Thiscertification 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 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 formal
application for Individual Certification for any project In this category of activity If it is determined
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. 3898

Water Quality Certification No. 3898
Pubitohearings may held for specific applications or group of appplications prior to a
Certification decision If deemed to the publlds best interest by the pirector of the North Carolina
Division of Water Quality, - }
Effective date: ..March .19,.2012
DIVISION OF WATER QUALITY
By
7n'ez;cinu
Charles Wakild,:P. E,
Director
History Note: Water Quality Certification Number 3808 issued March 19, 2012 replaces WRC
Number 3683 issued November 1, 2007, WQC Number 3639 issued March 19, 2007 WQC
Number 8492 issued December31, 2004; and WQC Number 3375: 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 5

Water Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
PAT MCCRORY
co -mor
DONALD R. VAN DER VAART
seommry
S. SAY ZIMMERMAN
Dro,mr
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
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 profession at
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 Terrance 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.
SleaofNoMC-1—I avi,- aOali U1U,1WW,,Rasoumes
1611 Mad—.Comer I Raleigh NOM C.IHIe 27699 1611
919707WOO