20161160 Ver 1_Approval Letter_20161221

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Water Resources
ENVIRONMENTAL QUALITY
Dave & Donna Jones
7440 Wildercliff Drive
Atlanta, GA 30328
PAT MCCRORY
G,,. -
DONALD R. VAN DER VAART
Secretary
S. SAY ZIMMERMAN
DI..,
December 21, 2016
DWR # 16-1160
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Jones 154 Wayside Ln.
Dear Mr. and Mrs. Jones:
You have our approval for the impacts listed below for the purpose described in your application
dated November 18, 2016, and received by the Division of Water Resources (Division) on
November 28, 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
0.0568(acres)
0.0568(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
Cer ification/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)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
81e omcN Carolmal PnvirmunenU1Qua@y1Wel R,LIoumes
2090 US Hwy 701 Swamalloa, North Caroline 28778
8282964500

Jones 154 Wayside Ln.
DWRN 16-1160
401 Approval
Page 2 of 3
All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). 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 and shall consist of
clean rock or masonry material free of debris or toxic pollutants. The rip -rap 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 0211 .0507 (c)]
4. Replant or allow the re-establishment of native vegetation in areas within the project
boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management
Guidelines.
5. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H.0506 (b)(2) and (c)(2)]
6. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated December 9, 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 hho://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
lora 154 Wayside Ln.
DWR4 16-1160
401 Approval
Page 3 of 3
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
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.mitchellgriedem.sov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional,S perwsor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion:
cc: Ben Odom — Odom's Landscaping (via email)
Kevin Holland — Duke Energy (via email)
David Brown —USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — DEMLR (via email)
DWR ARO files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQVarksonA0lsWon-D0TUones 154 Wayside Ln\APRVL.401 Jones 154 Wayside La 12 212016 doex

Mitchell, Robert K
From:
Fox, Tim
Sent:
Monday, December 12, 2016 12:43 PM
To:
Mitchell, Robert K
Subject:
FW: Dave and Donna Jones Shoreline Stabilization
Tim Fox - [e-mail]
North Carolina Dept. of Environmental Quality
Asheville Regional Office
Division of Water Resources —Water Quality Programs
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
A0- fiNothmq Compares...,.,
Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be
disclosed to third parties.
From: Ben And Carol [mailto:odomland@frontieccom]
Sent: Monday, December 12, 201612:22 PM
To: Leslie, Andrea J <[e-mail]>
Cc: Fox, Tim <[e-mail]>
Subject: Re: Dave and Donna Jones Shoreline Stabilization
Got it. Thanks for your input.
Will continue to use best methods and practices in accordance with NC Wildlife, Army Corps, and Duke Energy.
Ben Odom
On Dec 9, 2016, at 2:37 PM, Leslie, Andrea J <[e-mail]> wrote:
Hi Tim,
I have reviewed the information sent to me on the Dave and Donna Jones Project on Lake
Glenville in Jackson Cocmty. The applicant proposes to stabilize 620 feet of shoreline on Lake
Glenville with riprap.

We do not object to the project as long as it addresses an active and appreciable shoreline
erosion problem. The photos provided show some areas that appear to be gently sloping rocky
shoreline; these do not appear to be eroding.
The shoreline provides important habitat for wildlife. Fallen trees and other large woody debris
along the shoreline are especially important, providing cover for various sunfish, largemouth
bass, mid other fishes in the lake. In addition, trees and shrubs above the waterline not only
stabilize banks but also serve as habitat for wildlife such as song birds.
We offerthe following recommendations to minimize impacts to terrestrial and aquatic wildlife:
1. Limit the area of work to the areas of shoreline that are actively eroding.
2. Where stabilization is needed, we prefer that bioengineering techniques such as bank
sloping and native vegetation be used. If hard stabilization structures are needed, we
recommend the use of dry -stack boulders with a rip rap apron the base.
3. Large woody debris should be left in place or moved temporarily and replaced after
stabilization work is complete.
4. We recommend that the landowner retain as many shoreline trees and shrubs as possible,
as they not only stabilize banks but also serve as habitat for wildlife such as song birds.
Thank you for the opportunity to review and comment on these projects. Please contact me if
youhave any questions about these comments or need further assistance.
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
828-558-6011; 828-400-4223 (cell)
www.ncvvildlife ore
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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 95.217 of the United States and su4ject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H .0600 and 15ANCAC 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 NCAC 02B.0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301; 302 303 306 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 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 excavatlon of waters or wetlands below the normal
high water level; or
b) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of.DWQ Wetland Rules (15A NCAC 02H.0500) Isolated Wetland. Rules (I 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
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effectat the time of
application) unless the activities are listed as "EXEMPT from these rules or a Buffer
Authorization Cemficateis issued through N.C, Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities,
In accordance with North Carolina General Statute 143-215.313(e), written approval for a 401' -"- _- -
Water Quality General Certification must include the appropriate fee If a project also requires a
CAMA'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 thethresholds
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 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 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 to 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 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 all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -awned or leased borrow pits associated with the project
b, for borrow pit sites, the erosion and sediment control measures must bedesigned,
Installed, operated and maintained In accordance with the most recent: version of the
North Carolina Surface Mining Manual.
b. 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 projectoccurs in waters or watersheds classified as Primary Nursery Areas (PNAs);
SA WS -I, WS -11, 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
e, then design an
in a manner that
or upstream and
date that the Division of Land Resources (OL
the specific area within the project,
4 Construction Stormwater Permit NCGO10000
in wetlands or waters
)hdwrittenapproval bythe
.
:as in wetlands and waters is
)n control measures shallnot be
votlands, stream beds, or banks,
All sediment and erosion
itbin-two (2)months of the
It program has released.
An NPDES Construction Stormwater Permit 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 (NCG010000),
inspection log sheets, and other information may be found at
htto7/portalncdonrorg/web/wo/ws/sulnodessw#tab-w.
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 recent version
of their individual NPDES (NCS000250) starmwater permit.
5. Construction. Moratoriums and Coordination
Ifactivities must occurduring periods 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.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC) US Fish and Wildlife Service (USFWS)„INC. Division of Marine Fisheries
(DMF), or: National Marine Fisheries Service (NMFS) to lessen Impacts ontrout, anadromous
fish, larvallpost-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to, this condition require written approvalby 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 withthe appropriate WRC,.
USFWS, NMFS, and/or DMF personnel
6. Work in the Dry
All work in or adjacent to streamwaters 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
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 (Buffer) Rules
Goose Creek Watersheds. (or any other basin or watershed with buffer rules) shall belimited
to ”uses' Identified within and constructed in accordance with 16A NCAC.02B 023$„0259„
.0243 0260_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 shot] be taken to
prevent direct contactbetween uncured or curing concrete and waters of the state. Wafer
thatinadvertently 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 floatingstructures shall not rest periodically on the bottom.
10. Piers and boat houses shallbe 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, waters,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 out in
place at the time of recording of the propertyor of [nn id 101ss whichever is appropriate. A
sample deed notification can. be downloaded'from the 401Myetlands Unit web site at
nfto //Portal ncdenr orofweblwlw /swp/ws/401/certsandpermits/apply/forms. The text of the
sample deed notification may be 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 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,
13. In the twenty (20) coastal counties, the appropriate DWO Regional Office must be contacted
to determine it 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 quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act) and any other appropriate requirements a
State and Federal Law. If the Division determines that such standards Or laws are not bein<
met, Including failure to sustain a designated or achieved used or that State or Federal law h
being violated, or that further conditions are necessary to assure compliance, then. the
Division 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 completionattached tothe approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh. at 1650 Mail
Service Center, Raleigh NC 27599.1660.
17. Additional site-specific conditions, including monitoring and/or modeling requirements, may
18. This certification grantspermission to the director, an authorized representative of the.
Director, orDENRstaff, upon the presentationof proper credentials, to enter the property
during normal business hours,
This General Certification shall expire on the same day asthe expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions in affect on the data
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date ofthis Certification,
Non-compliance with or violation of the conditions herein set forthby a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or oivil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of'a formal
application for individual Certificationfor any project In this category of activity If It is determined
that the project is likely to have a significant adverse effect upon waterquality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of thewetland or downstream waters are precluded.
Water Quality Certification No. 3898

Water Quality Certification No. 3898
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
Charles Waklld, 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

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
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 ogre 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:
7f this project was designed by a Certifed 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: Registration No.
Date
smm oMoMCm1fim 113vi EITNI Qu I W I WeNr Rees
1611 Mea service CaMm I RaI,eh, N.A C-1-176991611
919707 WOO
PAT MCCRORY
a
DONALD R. VAN DER VAART
S"MM'
Water -Resources
S. JAY ZIMMERMAN
ENVIRONMENTAL oua ury
piracwr
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
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 ogre 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:
7f this project was designed by a Certifed 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: Registration No.
Date
smm oMoMCm1fim 113vi EITNI Qu I W I WeNr Rees
1611 Mea service CaMm I RaI,eh, N.A C-1-176991611
919707 WOO