20161054 Ver 1_Approval Letter_20161222

NCO
Water -Resources
ENVIRONMENTAL QUALITY
December 23, 2016
Ryan Cook
PO Box 789
Morganton, NC 28680.
PAT MCCRORY
coaemo.
DONALD R. VAN DER VAART
saaremry
S. JAY ZIMMERMAN
Dlrenor
DWR # 16-1054
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Cook 22 Old Wildlife Club POA — Lake James
Dear Mr. Cook:
You have our approval for the impacts listed below for the purpose described in your application
dated October 1, 2016, and received by the Division of Water Resources (Division) on October
31, 2016, with additional information received on December 20, 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 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 TrouYBuffer 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
Below Pool
0.0196 (acres)
0.0393 (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
SUW of NOM Cuolim I Envi I memel Quality I WResam S
2090 U.S. Hv, 70 1 Swunnauoa, NOM Caroline 28998
8282960500

Cook 22 Old Wildlife Club POA
DWR# 16-1054
401 Approval
Page 2 of 3
General Certification(s)/Pem it/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The proposed project must comply with the McDowell County local riparian buffer
ordinance approved by the Division of Water Resources under the Catawba River Basin:
Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b).
4. Stabilization techniques must meet the General Conditions listed in the Shoreline
Stabilization Technique Selection Process found in Duke Energy's Shoreline
Management Guidelines for the Catawba-Wateree river system 2006 Shoreline
Management Plan. -
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at 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 8:00= and 5:00pm, 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

Cook 22 Old Wildlife Club POA
DWR4 16-1054
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.mitchelIgnicderingov if you have any questions or concerns.
Sincerely,
Zan Pric ., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: William Elliott— USACE Asheville Regulatory Field Office (via email)
Wade Harmon - Duke Energy (via email)
Andrea Leslie — NCWRC (via email)
Ron Harmon—McDowell County Planning (via email)
Cathleen Adkins — Catawba Valley Property Management (via email)
DWRARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
0iWR\WQ\McDowell\401s\idon-DOnCook 22 Old Wildlife Club Lot 22NPRVL.Co0k 22 Old Wildlife Club POA 12 23 2016.docx

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Water Quality Certification No. 38.98 k
ENER LCFRT FIO fJ,f MOM
IOIBLE FOR . t{MYCORFSO
E Gf EERFEEgfONA. NII N gg_tl'� VA „C1R •E CH T D
PUBLICUTI LI E3 AND 1 N L rppi Imo, OOsfi L0'b0?; rTl NIiiOE kAKEANF,RESEkV01.
T NCEm. R'
AND R IPARIAN REA PRQIQNLE§ (qUFF9R RULEFU.
Wafer Quality Certification Number a8,98 Is Issued in conformity With the requirements of -&action
- 401, PUGIic Law$ 92.900 and 95.297 of the United States and;object to the North Carolina
0100-(61n dFWater Quality Regulatiorfs in 18A NCACO2H 0600 And 16A NCAC 02B 0206 for the r
discharge of fill material to waters and'weiland areas asdescribed In the Wilmington Districes
Regional (OPnetal) Permit Number 158290030 and'Rs lonabperinit Number 198200079 and for
the Ftdparian Area protection Rules (Euifer Rules) In I'V NCnG '2',"0',
The Slats of North Carolina cartifles. that the specified category of :activity will not violate
applioame pol fions of5ecitons 301,:502, 803, 306 and 301 of the, Public Laws 92-600 and 9&217
If conducted In a0Qgr"daltea With the conditions hereinafter set forth. -
a) Activities that resultIn fill. dredging oraXaavatioiiof waters orwetland's below the normal
highwatarlevel, or
b) Any Impact associated with a Notice of Violation or an enforcement action for violation(s)
d DW4 Wetland Rules MIANCAC 021f .0900), Isolated Wetland Rules (1'6A NCAC 02H
Activitles included in this General Gsttif(catlon that do nofineet ono of the threshold$.
Ilot ad'above do not require written: approval from the Division as long As they comply with
the Conditionsnf C,ertlgcation ileted bellow. If any of these Conditions cannot be met, then
written approval from the Division Is eatiuleod,
Conditions of Certification:
I .. No Impacts Beyond those Authorized in theWrldao Approval Or Beyond the Threshold of Use
of thio Certification.
N,o. 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•Conetructlon NotifioaHon, as
authorized in the written approval from ins Division or beyon(he thresholds established for
use of'this Codification wlthoutwrhten allthorizWioil, Including Incidental impacts All
construction activities Including the design, Inatallstlon, operation, and maintenance of _
sediment and erosion control Bost Managemen 'Praonoss shall be performed so that no
violations of state water quality standards statutes, or miss Occut Approved ptans and
Water quality Certification No. 3690 1
j

l
Water Quality Certification No. 3898
speclffoatlonstorthis project are Incorporated byrefereneeand are enforceablepartsofthis -
permit,
2 Standard Erosion and SadlmenI Control Practices
Eroston and sedlhtent control practices muef be in full compilaace with all spaciftostlons
governing the proper design, Installation and opewagon and maintenance of such Best f
ManagementPractices and 0opplicablo, comply With the speclfloconditions and y
requIterrents of the N Pt%s Construction siormwater. Pomili issued to the site:
a. Design;. installation, operation, and maintenance of the,sadiment and erosion control
measures must be auohthatthey 2quat or exceed the Yequlremants specified in the most
recentveretod of the North Carolina 84. tent and l5r aloe ConifolMaddalr The davices ` -
shall be maintained on all construction edea; borrow s�es, and waste mite (spoll) projects-,
including contractor -owned or leased hoim* O is aesoglatedwith theproltrt,
- b, For borrow pit siteg,the erosion and sediment control measures must be designed,
Installed operated and maintalned In accordance with the most recentverelon of the!
North Carolina Surface Mining Manual, -
.u. Reclamation measures end::ImRlemantation musk aomply!Nith the teclamadoh In
aocordance with the requirements. of the SedurPrI afloh P"olludon Control Act and the:
Mining Act of 1971,
d, $uffictentmaterlals required for stabiftattoa.andlpr repair of'elnsipnoontrol measures
and stormwater routing: and treatment shall be on site at blftimes.
'Prime N 0 Areas
If the project occurs In waters or, watersheds classified as ry Urs ry
-_.. e. s detente fob land erosionlcontrA designs m must com Wj,with thRqsOurc8e regalram ants setf the );�.. ,
In 16A NCAC 04B 0124 Oast n Sfard'ards in $anstflve Watersheds
VV
3. NoSedli and Erosion Control Measures in Wetlands or Waters
urtavoldable, than design and placement of temporary erosion control measures snail not de. i
cobduated In a manner that may result In dis-equldbdum ofwa{land$, stream beds, or Whk$, i
adjagaM to or upslieam and downstream of the aWgve sl OctU C'9: All sediment and erosion
'cGt6trel daW(ces. ehall be removad and tha nadirs( grade restGred within two (2) months of the
date that the Division of Land Resources (DLRf. or Iooally dalegated program has released.
the speolho area within the project.
a- obnstrstlori Statmwater PermitNCo0lAagD
An NPDES Construction stormweter permit is required for construction projects that disturb
one (1) or more acres of and, This Permit allows-et9rmwater to be discharged during land
disturbing construction odtivltllesasstlpulaiedInthe conditions of-ihe,permit Ifyourproject
iscovdredbylhispamitfgll colllpliehoe with permit conditions including the erosion&
sodimentation contml plan, inspections and maintenance, self mora oring, record keeping
and roRoYung requirements is required. A copy of the general permit (NCQ010000),
inspeol on log sheets, and, otherinfarmatwn may ba found at
hits /loort+rl ndrisdworaCwelS/wafwslsu/tlodssswktelS�s.
Water Quality Certification NO. 3898 2'

Water Quality Cortlficatipn No. 3898
The North Carolina Departmebf of Transportation (NCDOT) shall be required to be in full
compUanoo with the comitione nilated to construction sodVitt es within the most recent version
of their Individual NPD58(NOS000200) stormwater permit.
g, Construction Moratoriums.. and Coordination
It activities must occurduringperiods of high biological actlylty(ia sea turtle nesting fish
spawning or bird nearing) then` biological moNt'oring may be required at the request of other
6tate or federal aganolas and coordinated with these activities, -
All moratoriums on construction activities established by the NO Wildlife Resources
Commission (WkC), US Fish and Wildlife Service (VSPWS),_:NO Division of Marine Fisheries
(DMr), or National Marine Fisheries Seivlca (N'MISS) to lessers Impacts on trout, anadromous
fish,, larvalipost-larval fishes and, crustaceans or other, equatie species of concern shall be,
itnptemented. 5xdeptions taints condition require written approval by the resource agency .
responsible for the given moratorium., _
Work within the twenty-five (26) designated trout Counties or Identified state or federal
endangered or threasmed species habitat shall be coordinated with the: appropriate WRO,
USFWS NMFS,and/or DMF personnel,
fi.. Work in the Dry
Allwork in or adjacent to stream waters Shallbecunduotedso that the 7owfng stream does
net Come In contact with the disturbed area, Approved beat monagementpractloesfrom.the
mostcufrant version of the NO Sedimam and: Erosion Control' Manual, or the No. DOT
Cimstaclldh and Maintenance Activities Manual, such as sandbags rock berms, cofferdams,
and other d(veralo r structures shall be used to MmIrnlZe excavation in flowing water,
P-xceptiens to th is. condition require application submittalJo and written approval, bythe
Division.
7. Riparian Area. Protection (suffer) Rules
use of
8, If concrete is used during the construction than all necessary, measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the staleWater
that inadvertently: contacts uncured concrete, shall not be discharged to water¢, of the state
due to the potential forelevated pH and posafose aquatle Iifel fish kills.
91 Rip -rap shall be Installed wategwatd of bulkheatls installed in freshwater lake& to ensure
protection of aquatic habitat. Construction ovor'wathmeg shall be elevated at least tnreo (3).
'rest above any wedend% and floatidgstructures shall not rest periodically on the bottom,
1'0.. Plem and boat houses shallheconstructed to provide for storage and removal: of sewage
rather than allowing raw waste or other sewage to be disposed fliraclly Into surface waters,
11. Dead.notifleations or similar mechanssms shall be placed on all retained jurisdictional
wetlands waters,: and protective buffers within. the project boundaries In order to assure
"Water Duality Certification No. 3898 - 3'

Water Quality Certification No. 3898
compliance for futurewefland, water, and buffer impact These mechanisms shall be put In
place at the time,afrecording ,ofdhe dtadeNv ofoubilIVidual lotswlin heyer la ooproorfato, A
sample deed notification can be downloaded from the'401I,Wetlands mi Wab site at -
htto//ooYtal noiidnr oralwablwd/sWdiWs/407/dartSrentlbarmi s/adGlu/f6rs_ Thetextofthe
_ sample deed notification may be modified as applopste to suit to a specltue, project,
Dooumenbulpn of deed notifications shall b$ provided fo the D1VI91on Upon request.
1.y,. If an environmental document isrequiredunder the Nalldnal orstata EnVhghmentaf f?oRoy,
Act (NEPA orSEPA),(then this General Certification Ishot valid .until 0Finding ofNo
Significant Impact (FONSI) or Record of Decision (RCD) is Issued by the State
Clearinghouse.
13. Inrtha twenty (Y0) coastal counties the appropriate DWQ Regional Office must be contacted
to detafmine if coastet $tormw,ater Regulations will be requlredi
14, This General Certification does not relieve -the applicant of the'respOhsibnhy to obtain All Other
required Federal, State or Local approvals.
1ta Tke applicatrt/perhn8ee, and their authorized agents shall cond,UOt all activities ih a manner
consistent wild State water quality standards (Including any requirements resulting from -
compliando MO, §003(d) of the Clean water Act), and any other appropriate requlmmeats of
Slate and Pedera( Law, if the pivislon 40ennines that such standards or laws are not being
met, Including failure to sustain a`deagnated or achieved use, of that State or federal law is
being violeted, �orthat further conditions are necessary to assent compliance, then the
Division may reevaluate and modify this General Water Quality Certification,
16. When written authorization for use of this certification, upan dompfetioh of all -
_.. _ permitted Impacts Included w(thfnthe approval and any subsequent modifications, the _
applicant shall ltig:required to r@tarn the eerthlcafs of completion attached to the approval.
One copy of the certlflcale shall be sent to the QWQ Cerfiral Office in Raleigh at 1660 Mall
S&AW Carden Raleigh 4Cj 2760g.16$0. -
16, This certiftcatlon grants permission to the director. an authorized_ representative of the
Director, Or D2NR-.8laff, upon the presentation of proper Credentials is enter the i property
dtfNhg normal Wetness hours.
This General Certification shall expire on the same day as the expiration date of the
correspondingg Nationwide and/or Regional General Permit The condittops in Mot on the date
of issuance o1 CeMficaWnr for a spoetfic project shall remain to efieclforthe life of the proieot
regardless of the expiration date of this Cer ifleatibb. -
Non-campthtmerwither violation of the conditions harem set forth bya specific project may result
In revocation of finis; General CeNiOgaGon for the projectand they also result in criminal and/or 04
patlgltie9,.
Water Quality Oenifldaion No. 490 4

Water Quality Certification No. 3898
Poblie hearings may. be held for 9POWIC applications or grqup ofapplioafloos prior to a 1�1 -
CerCificstlorYdecislon if deemed in the pitpllCs best Interest by the Director of She North Caroling I
Division of Water QUality, r
I
I.
Effective date Marctt l'9..2012, C
DIVISION, OF WATER:QUALITY i
By
Charles Walnld P.E;
DltoQ01'
History, Note: Water Quality Certifieatfoh Nuthber9808 Issued March 19, 2012 repiooes WQC r
Number3693 Issued November t, 2007 WPC Number 3699 issued March 19, 2007, WOO f
Number 3492 Issued Decemtier 31,.2004; and WQC Number 3973 issuad March 16, 2002. This
General Certification is resolnded when the Corps offogineemraauthonzes any of the
oorresponding Nationwide anti/or Regional General Permits or whendeemed opprapnate by the
Direotor of the Division of Water Quality.
WaterQuallty Certlflaatlon No. 3898 6

NCO
Water Resources
ENVIRONMENTAL OVALITY
WR Project No.:
PAT MCCRORY
covoTor
DONALD R. VAN DER VAART
S—A,
S. JAY ZIMMERMAN
Dl .r
County:
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 care and
diligence was used in the observation of the construction such that the construction was observed to be built
- within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified professional
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, 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
S. fNOM C -1—I E..—NRW Quality l VA., Ruo o
1611MetlsumoeC z, I Raleigh, North Cemlma 27699-1611
919707WOO