20150047 Ver 2_Approval Letter_20161221

N
Water2esources
ENVIRONMENTAL QUALITY
December 21, 2016
Thomas Paige Gibson
P.O. Box 1882
Marion, NC 28752
PAT MCCRORY
Garemar
DONALD R. VAN DER VAART
Seoremry
S. JAY ZIMMERMAN
Ui—tar
DWR# 15-0047-V2
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Gibson Property — Lake Lure
Dear Mr. Gibson:
You have our approval for the impacts listed below for the purpose described in your application
dated December 9, 2016, and received by the Division of Water Resources (Division) on
December 12, 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 thatyou 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
iPool
0.0051 (acres)
0.0028=
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
Slum.fNVh Carolina I Eamo.meaal Quality I Wamr ReVm s
2090 U S. Hwy. 701 Swed—, NYtl Carlin.28998
8282964500

Gibson Property
DWR# 15-0047-V2
401 Approval
Page 2 of 3
General Certification(s)/Pemlit/Authorization and is responsible for complying with all
conditions. [I5A 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://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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Gibson Property
DWR# I5 -0047-V2
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@nedencaov if you have any questions or concerns.
Sincerely,
�! ��
Zan Price, P.E., Assistant Region upervisor
Water Quality Regional Operati s
Asheville Regional Office
Enclosures:. GC 3898
Certificate of Completion
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Clint Calhoun — Town of Lake Lure (via email)
Stan Aiken — DEMLR (via email)
Paige Gibson — Owner (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G'.\WR\WQ\Rutherford\40ls\Non-DOT1Gibson Property\APRVL.Gibson Property 12 21 2016 doc

i
Water Quality Certification No. 3898
E B LYI�OER'['Jf OATI0 d lr2 R OECTS ELf IBLI' U.S2. RMYGORPSOP
OINEER .REG10N L N .r n00 0"T RP 0KEO�I4ATE0
PUBLIC UTILITIES) 3' ND 0 L 1T.1 0 E9 fL EANP,RESERVOIR
fyl-IA NT AUICE"'R IR' `OQ TIONA�TNTE
AND RIPARIAN AREA pROTE TION ULES IBUPfERftULES7 -
Water Quality Certification Number 5898 is issued in conformity With the requfremants of Section i
401, Public Laws03.500 and 95217 of the United States and suhlect to the North Carolina #
Division df Water Quallty'Regufatfons in 15A NCAG 02H .0500 and 15A NCAG 02B4O200 for the F
discharge of fill material to waters and wetland araases descphed in the Wilmington Districts P
Regional (Oenoml) Permit Number 198200030 and Railionahparmit Number 198200071) and for
the Riparian Area protection Rulep,(Buffer RUlesj In I BA NCAQ� 029 MOO.
The Stote of Notts Carolina certifies. that the specified category of;acbvity willnot violate -
applicable, portion$ of Sections 501,,'802, 203 $068n(1807 of the: Public Laws 92-600 and 95,217
if conducted In accordance with the conditions hereinafter set torch. -
Activities meeting Any (1) of the following thresholds or circumstances require wrMI
appmVi l for of 401 Water Quality Certification from the Division of Water Quality (thus
"OIVlalon ): -
- a) Activities that resultin fill, dredging or=ekaevaOon of waffers or wetlands below thenormal
high watarhWet, or
b) Any Impactaesooiatedwith a NoOce of Violation Oran enforcement action for violation($)
of DWQ Wotland Rules (1SA NCAG 02H.0506)Isofated' Wetland Rules (IBA NCACO2H
1300), DWQ' Surface Water or Wetland Standards, Or Riparian Buffer Rules (15A, NCAG
or
In agcordance with Pr7o`nh�2 aro ma 7;9eneial Stetoie 14{ipro"4affor s-01—
Water quality General Cettificat4m must Include the appropriate fee, If a prolect also requires
CAMA Permit, then one _payment to -both agencies shall basubmitted and will be the higher of the
two fees.
Activities Included In this General 0ortlricud[on that do not most one of the thresholds.
listed , have do not require written: approval from the DIVlsion as long ae they comply with
the Conditions of Certification listed below.. It any of these Conditions cannot be met, then
written approval from the Olvtatohto raqult9d.
Conditions of Certification:
1.: No Impacts: Beyond those:Authorized in the Written Approval or Beyond the Threshold. of Use
ofthis Cenifi9aUCTy
No waste, spol6 solids, or fillofany kind shall occur in wetlands„ waters, or riparian areas 1
beyond the footprint of the Impacts depicted in the Pre -Construction Notification, as
a➢thorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authoriza0oh, Including Inddentaifrnpaots All
construction activities, including the desigh installation operatloq and maintenance of _
aedirnent and erosion control Bost Managemant Practices shall he performed so that no
violations of state water quality standards statutes or rinse occur, Approved Plans and
Water Quality Certification No. 3698 - 1

Water Quality Certification No. 3898
specifications for this prQleot-are incorporated by reference andare enforceable parts of this
pormit,
2. Standard Erosion and Sedimern 04nhol Practices -
Erosion andsedimant conmof praoll most both full OQmpliancawlth ail specifications
governing the proper design installation and opdratlortand maintenance of such Best
Managementpractices and if applicable, nomply with the spsclflo conditions and requirements of the N PbE6 0onstnueffon OiormWabst to the site:
.
a, Design, .installation,Operation, and maintenance Of the sedltnontand orosionoontrol
measures must be such -that Choy equal or axcedd the rapulremerits speolfie_tt in the most
recent version of the North Cato/lha Sadlnienf and Elf);0n Qonlrof Mayrdal. The devices -,
shall be maintained an all construction sitos; borrow sitas,,and weate plie, (spoil) projects,
Including contractor -owned or leased borrow, pits a8sodated W@h the.proJect,
b, For borrow pit slide, the orosfon and sediment control measures must be designed,
Instolled operated and manta, [nod III accordance with the most recentversibn Of the
Nodh Carolina Surface Wing Manual.
c. ReclameU4nMeosures andlmPlementatlon must compywlth file reclamation in
accordance with the requirements ofthe Sedfmontajion P`ollutlon cdntrolActand they.
Mlnlho Act of 1g7f,
d. %ificientmateriala required , for stabllbaudn and/or repair measures -.
aed stormwater routing, and treatment shelf be -on site at all'times.
-- -:a.- If the project occurs In waters Or watersheds classified as Primary Nursery Areas (PNAg)„ - — -
_ 6A, WS•I, WS -11, High Quality (HQW).Or outstandingIRasdurce (ORM Maters, then the
sad mdntatiQm and erosion control dasr'gn4'must eomjpjywljh the requirements set forth
In 15A NCAC 04Q 8124, Veson Standards to 5ensidvb•Watetsheda..
3. No Sediment end Eroelon 0ontrol Measures in Wotlands or Waters
4'. Gonstruotlon Stdrmweter Permit N01ip1P400 - _
An NpbES Construction' StarmwatorPormlt o; required for donetmctlon projects that disturb
.one (1) or m4naaaraa of land This PerrhIt allows sternlwater to be discharged during land
distul'bi`hg aonstrltatlonaotivitlasas stipulated inthddondifionskftha ppermit I€your project
is covered by thi9'parmli, full adlgpliahcd Wlth pafmikdondlHansinoludlru9,the erasion 8
sartmentad n control plan, mapectfnns end mafntananca, aalf•momkvdpg record keeping
rut
report0 reryulnoments Is,requlraq.ACu7p9 df the gaper@I pampt(N.CQatOg00),
nopdatton 109 shedts, and dfharinformanan map ba Jodnd.at
htto Roorlal ncdenY orafwe6/wativels0tn desawlFtab-w,
Water Quality Cend catioh No 3898 2'

Water Quality Celltficatioft No. 3898
The North Carolina Department of Transportation (NODO'ry§hall be inquired to be in Pull
compliance with the conditions related to construction ebtivltfds within the most recent version
of (heir Individual NPDE$(NOS000250) stormwa(arp'ermit.
g, Construction Moretorlums and Coordination -
lf activities must occur during periods of high biofogical activity (i a sea turtle nesting fish -
spawning or bird nesting) theft biological mdn(Wringmay be. required atthe _request ,ofother
state or federal Agencies and coordinated with these activities.
All moratoriums on eonstruollonactiviGes established by the NC Wildlife Resources
C,Qumnission (,WRC), U$ Fish and Wildlife Service (USFW$), NC Division of Marine Fisheries.
(Def), or National Marine Fisheries$arVipo (NMF8), to Ipssen'Impacts on trout, anadromous
fish, larvallpost-larval fishes and crustaceans, or other, aquatic species of: concern shall be.
impterriontad 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 threatened species habitat shall be coordinated with the appropriate WRC,
USPWS, NMF$,: and/or DMF person nal.
a. Work In the Dry
All. work In or sdjacem,to stream. Waters $ hall be conducted so that the (fowfng stream does
not come in contact with the disturbed area. Approved beat mpnagementpraetloes_fiom the
most current version of the NC Sediment and: Erosion Control` Manual, or the NO. POT
Construction and MaintenanceAotivitlas Manual, such as sandbags rock berms, cofferdams,
and other diversion structuresShall be used to -minimize excavation in flowing water.
- � - Exceptions to this- condition require application aubmiltal to and written approve[ - - -
Division.
7.. Riparian AreaProtection(Buffer) Rules
identified
to have minimal disturbance to protect Waterqu
through the use of best management practices.
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 concrete and waters of the state Water' -
-that inadvertently contacts uncured concrete shall oot be discharged to Waters of the state
due to the potential for elevated pH and possible. aquatic II%]fish Mile,
0. R(p-rap shall be installed waterwardofbulkheads installed Infreshwater takes toeheure
protection of aquatic habitat Construction overTWOflonds shall be elevated at least three (3).
feet above any.wettanft and fioatihg structures: shall not rest periodically on the bottom.
10.. Piers and coat houses shall lie constructed: to provide for storage and removal Of sewage
rather than: allowing raw waste or other sewage to be disposed directly lino surface. Water$,
1.1,peed notifications or similar mechanisms shall be pissed on all retained jurisdictional
Wetlands, waters, and protective buffers within: the project boundaries In order to assure
Water Qualfty Certification No. 3898 - 3'

Water Quality Certification No. 3898
-compliance' for future wetland, water, and buffer impactThese- mechanisms shall be out In
place ajthe lime ofretwMing,of the property on-oflmilvidUalfid iahever Isen®ropriata. A
sample deed noufloahon can be downloaded from the`401NyG11and$ Unfit-Waa: site at
litf /(nodal ncdahror Iweb/WgIJ�s +g�FNfif409/pe-�sand�ennitslapbly/forrela, The: taXt of the
sample deed notiBcalion maybe modified as appropriate to Suit to egpeolflo project,
Dooumentatlop of deed notifications shall be provided to the Division upon request.
12.. If an environmental document is required under the Nod pmal or State Envirohmenta( policy
Act (NEPAcr $EPA)), then this General Certification is riot valid. until Finding of No
Signifloant Impact (FONSI) or Record of Decision (ROO) It Issued by the State
Clearinghouse. - -
13, in the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine it Coastal $tormwater Regulations wlll be required,
14. This General Gertihca.tion tinesnot relieve the applicant of the 'responsibility to obtain all other
required Fedora], State, or Local approvals. -
1& The appl loonilparnittae and their authorized agents shall conduct all Adflvilles in a manner
consistent wldrStatewater quality standards (lholudingany requirements rosuhing9from -
compliance with §303(d) of the Clean Water Act), and any Other appropriate requirements If
State and Faders( Law. It the Division determines that such standards or laws are not boing
met Including failure tosustalnadaslgnateCorachieved use, orthat State orFederal law IIs
being vblated,'or that further condidens are necessary to assure compliance, then the
Division may reevaluate and. modify this General Water Quality Certification.
15. When written authorization is required for use of this certification upon completion :ofall
-__ permitted Impacts included within the approval and any subsequent modifications the
APPI10antShell be required to return the certlgcate of completion attached to theapprovaj..
One Copy of theparllflcate shall be septic the QWQ Central Office m Raleigh at 1060 Mail
Service Cantor, Raleigh, NC, 27809.7050. - -
10. This o0d1flcatl4hgranfs 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 Ike expiration date of the
corresponding Nationwide and/or Regional General Perroit'r The condittops 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-complionae with:or violation of the conditions tterelaset forth by,a specific project mayy Mott
In revocation of this General Certification for. the project and may also result in cnminal at(dlor civil
penahjaa,
The Drootor of the North Carolina Divislon of Water Quality may require submission of -a formal
application for Indivluaal Cedifioallortfor any project In this category of aouvity if it is determined
that the project is likely to have a significant adverso 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. 3694 4

Water Quality. Certification No, 3898
Public headngs maybe hell( far speeiflo applicattona or group of apppkaions prior to a
Certification decialon if deemed in the public a best Interest by the`Do-ector of the North Caro9na-
Division of Watar Quafty, _
- EffedfNe daie: March 10, 2012
- DIV1S1b,N!QF WATE2.QUALITY
By
Charles Waklld p E.
Director
History Note. Water Quality Certification l(umber38i)8 issw.d Mamh 19, 2412-r6p19'caS WAC
Number3693 issued November 1, 2007; WQC Nombsr 3639 issued March 19, 2007,, WOO
Number3492 issued December 31, 2004; and WQC Numbor33T0fssued March f6, POW, This
Qenemi Certification is resolnded whoh 1ha Corps of f?ngineerslaatithoniM any of the
comesponr/@g Nafibnwfde and/or Regional GenstarPermifs or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification Na. $988 6
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NCO
Water Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Project Name:
PAT MCCRORY
G'—e.
DONALD R. VAN DER VAART
secretary
S. JAY ZIMMERMAN
D"tto,
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
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:
7jthis project was designed by a Certified Projessionai
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, fill time) the construction of the project, for the Pennitee 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.
sure of North Carolina I ENviroumeNul Quality I Water Resowces
1611 MIA service Center I lteleiv, NOM rrrorme 27699 1611
9197079000