20161241 Ver 1_Approval Letter_20170118

Environmental
Quality
January 18, 2017
Kent Nelson
638 26°h Ave N
St. Petersburg, FL 33074
ROY COOPER
Oovernar
WILLIAM G. ROSS, JR.
Atingse""""
DWR # 16-1241
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Nelson Glenshore Lot 14 — Lake Glenville
Dear Mr. Nelson:
You have our approval for the impacts listed below for the purpose described in your application
dated December 12, 2016 and received by the Division of Water Resources (Division) on
December 15, 2016, with additional information received on January 11, 2017. 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 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
Below Pool
0.0285 (acres)
0.0178 (acres)
---, .Nothlmi Compares.7-..._.
Stain of North Carolina I Environmental Qunlity
2090 U.S. I liSh,, 701 Sn,onnama Nmm Carolina 28778
8282964500

Nelson Glenshore Lot 14
DWR# 16-1241
401 Approval
Page 2 of 3
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 General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 0214.0507(d)(2)]
3. 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. [15A NCAC 02H .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 Power Nantahala Area
Shoreline Management Guidelines.
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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hewing to the Office of Administrative Hearings
(hereby known as OAR) 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: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:

Nelson Glenshore Lot 14
DWR# 16-1241
401 Approval
Page 3 of 3
Ifsending via US Postal Service:
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
1711 New Hope Church Road
Raleigh, NC 27699-6714
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.eov if you have any questions or concerns.
Sincerely,
d2—
rice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Melissa Mathis— B.H. Graning Landscapes, Inc. (via email)
Kevin Holland — Duke Energy (via email)
David Brown— USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Steve Beasley — Jackson County (via email)
DWR ARO files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\lackson4t0ls\Non-D011Ne1soa Glenshore Lot 14WRVL.401 Nelson Glenshore Lot 14 1.18.201].dacx

Water Quality Certification No. 3898
,GENERAL OERTIFIO`ATION P ROJEC 6 ELIC BLE Pr U.S. CORPS of
E GM�Eq$ GfOI P �I N y 2YIi,Q,�(j'VA•,UR FE 42REG TE6
PUBLIC UTILITIES) AN6 iQigL� IT. $ .OU079 LOELAISB �N RESERVOIR
T OE' / E-R E
AND RI AREA EAP f3 'lO 'LE 'B IFFFES' -RU LE$!
Water Quality Certification Number 3690 is Issued 10 conformity With the requirements of Section
401-Puhlib Laws 92.500 and 956217 o#the United States and subject to the North Carolina
pg
IV
of Water Quatily Regulations In 16A NCAC 02H ,0600 and 16A NCAC 02B4O200 forths
discharge of fill material to waters and wetland areas as described' In the Wilmington DlstrlaCe
Regional (Generali Permit Number 100200080 and Regional PermllNumber 195200070 and for
the R100ianArea P,roteofionRutes�(6ufferRulaa)in10ANCAG028.p209, -
The. State of Nodh Caro the Certifies:. that the specified category of activity, will not violate
applicable portions of Sections 301,'802, 903 006 anq 307 of the Public Laws 92-500 and 96,217
it conducted In aodordanoe with the conditions hereinafter setfodh. -
- a) Activities that result in fill, dredging ore%oAalrenof waters or wetland's below the normal
- high water level; or
b) Any Impact associated with Konoa ofVioiafionor Are enforcement actl-'on for violetton(s)
of DWQ Wetland Roues (15ANCAC 02F4-(1004 Isolated' Wetland Rules16A NOAC.02H
1300), DWQ' Surface Water or Welland Standards, or Riparian Buffer Rues (10A NCAC
028.0200): or
o). Any Impacts,toatieams and/or buffers in the Names, Tar -Pamlico or Catawba River
Baeina of in the Randleman. Jordan or, Goose Creek Watersheds toren other basin or
Included In this General
Conditions of Cedification:
1, No Impacts Beyond those Authorized in ins Wrlltso Approval Or Beyond the Threshold of Use
ofthie Cartlfisation
No waste, spoil,. sollds, or fill of`any kind shall occur In wetlands, waters, or riparian areas
beyond the footprint of the Impacts depicted in the Pre-ConStructlon Notification, as
apthorized in the written approval from the Division or beyond the thresholds astablished for
use of this Certification without written authorization, including I'ncidantaf Impacts All
oenstruatton activities including the design, installation, operation, and maintenance of _
Sediment and erosion control Best Management PraoaOes shall be performed 06 that no
vlostionsof state water quality standards, statutes, orrufes3Tbpur Approved plans and
Water quality Certification No, 3898 - 1

Water Quality.Certificatiorl No. 3898
specifications forthis project are [incorporated by reference and am enforceable parts of this E j
Permit. il¢«
2i Standard Erosion and Sediment Control Practices
Crosson and sediment control pra'oboas must bath full compliance with all gpeairioatons
governing the proper designs installation and oponalicn and maintenance of` such Best
Management Practloas and N applicable, comply with the $Paoft condingns and
fequtrements df the NP1D159 ConstmOtfan St ftnWafer permit la$ued to the site:
a: Design;.installation. operation, and maintenance offt4aditnent and aroslon control
measures must be such that they,equal or exceed ohs YBpuIY¢ments spegified in the most
recentverslon of the North CiRM09 8004entand Emaldp Control Hiamral, The devices`
shalt be maintained on all construction sitar; borrow spas, and waste pile ($pall) projects,
Including contractor -owned of leased borrow pits assboiated With the project,
b.. For borrow pit sites the erosion and aedimentcontrol, measures must be designed
Inshillad, operated, and maihtained In accordance with 1116 most recentWralbll of the
War Carolina Surface Mining Manual
c. Reclamation measures and implemantatidn must eomplyWith the reclamation in
accordance With the requirements ofthe, Sedimentation Poitullgn Control Act and the:
Mining Act of 1371.
d, $gfhclentmaterials required for stabllLatidhandldrrepair Of Cro'slen control maasores
and stormwafer routing. and treatment shall be on site at,alftlhles.
- "a. -.t the project,orcurs in watera or watersheds dassifted as"Prjmary Nureary Areas (PNAS),-- — ��
SA, W$-1, WS -Il, High Quality {HQyV), or Outstandthg .Resouroe (ORS) WatarA thea the
- sadanantatlolr and erosion control designs must comply with the requirements set forth -
In ISA NCAA 04¢.6124,, Daaign, Standards, ,'in SansratlaWateisNerls.
8. No sedlmant andzmslon Control Measures in Wetlands drWaters
thespeolflearea within the project -
4. consfcuotion 5ormwater Permit N00016600
An NPUES Construchgn$terrnwater Permit Is required for' construction projects that disturb -,
one "'or
mare ®etasof land: q�nts Permitallows-stgrmwater tea be discharged during land
dtstuMIngconstr00 aoUvll"as
stipulatedlnthagOndiflonsefYhaPpee,reit, lfyourprojedt
s 0 0 ad by this !r It.
t felt to npl ansa with parmitcanditlOnatncluding the erosion &
sedlMentatien control plan, pan" spa and malafenpnce, selfmpnitoring record keeping;
and reportingrefj 'mentsisrequted A009YPFthege0eral-parmt(NCCgI0000),
inspsoflon Iqg sheata,, and Olt orinfarmatwn Perm
be found at
min 1
1
obrfa1 nddem, menlwdaUa aufnadicea tab w
Water Quality Certification No. 2898 - 2'

d
Water Quality CertifipatieIn No. 3898 t
The North Carolina Depart merit of Transportation (NODO-T) shall be required to be in full
compliance with the conditions related to odnstruction aotivitfos withinthe most recent Version "
of their Individual NPI)ES (Nf3S9942S9). stormwater parmit. .
s. ConstrvcBohMprator[VmeandCeordinauon
If activities must occur during periods, of high biological activity (Is. sea turtle nesting, fish ,
spawning, or bird nesting), then biologtoal monlWribg may be required at the request of other
State or federal agencies and coordinstad with these activities-. -
Ali moratorium$ on construction activities established by the NO Wildlife Resources
C'ommseion lVVRC), US Fish and Wildlife Service (USFWS) NO Division of Marine Fisheries
(bMr), or National Marine Fisheries Service'(NMFS) in Igssah'impacts on trout, enadromous
fish, larvallpasblarval fishes and crustaceans,; or other aquatic species of concern shall be
Implemented, Exceptions to the condition require written approval by the resource agency
responsible for the given moratorium,
WorkwdMn thelwenty-five (25) designated trout counties or Identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWs, NMFa,and/or DMF personnel:
s. Work 'inthe Dry
All work In or adjacaolto stream waters shall be conducted ss, that the flowing stream does
hot dome fn contact with the disturbed area. Approved bast mpnagement practices from the
..
most current version of the NO Sediment and Erosion Control' Manual, or the NO DOT
Construction and Maintenance Activities Manual, such es sandbags rock berms, cofferdams,
and other diversion structures shall be ussnI to minimize excavation in flowing water,
-
Exceptions to this condition require application submltts11Q and wriften-approvalrby the -
Division.
7. Riparian AreaProtection Suffer) Rules
flow requirements, must be met
8. if concrete to 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 disopargad to waters of the state
due to the potential forelevated pH and poseible squatle life/ fish kills.
Ot Rip -rap shall be'installed waterward of bulkheads Installed In freshwater lakes to ensure
protection of aquatic habitat Construction overwauands shall'be elevated at least throe (0)
feel above any wetlands. and floating structures: shall not rest periodically on the bottom. -
TO, Piereand boat houses shall. be constructed to provide for stor6ge and removal:ofsewage
rather than allowing raw waste or other sewage to be disposed directly Into surface waters,
ft,. peadnoflficatlons 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. 31398 3

Water Quality Certification No 3898
-compliance 'for futurewetland, water, and 5tl8er' impact These medhanlsms shall be put In
place :aTthetimaofrecomindoflheorodartvoPindtyidualldfswhidheyarisaoarooriata A
Semple deed notihoalion can be downloaded' from tho'401Nyetlanda Umt wab. site at
o I notlehr I 1 "7s 0 l eRsan a Ifs/aPk,form . 'ihetextof the
Sample dead notifloation may be modified as appfop site to Ault to a epaci to project,
Documentation of deed notifications shall be provided to the DIN Iskm upon request.
12. If an environmental document is required underthe National or State Environmental` Policy
Act (NEPA or SEPAj, (hen this. General Certification is not validuntil a Finding of No
Significant Impact (FONSI) or Record of Decislon (ROD) is issued by the State _
Clearinghouse.
13, In the twenty (2'¢) coastal counties, the appropriate DWQ Regional Office must be ddhtactod
to determine if Coastal$tormwater Regulations will he required;
14, Thi General Certification does not relieve the applIcant of the zespohsibilhy:to ohtain all other
required Federal, State, or Local approvals. -
15. Tho appllcadt/parmitee and their authorized agents shall conduct all activities in a mother
:conststent with Shito water quality standards (including any kequlrame is resUlthig from
comptianoei withPg3(d) of they Clean WaterAct), and any other appropriate requirements of
State and Fadera(Low, If (he Division gatef ulnas that such stdndards at laws are not being
met including failure, to sustain a designated or achieved use,' or that State or Federal law [6
being violated. or that further condltions are pecessary to asstus compliance, then the
Division may reevaluate andmodify this General Water Quality Certificatlon.
16, Mon written' authorization isuequlredfor use of this certification, upon completion Of all
app dandt halls be required toreturnthe conate of cosubsequent
p etio uenl shed to the a, the
q approvalcompletion modifications,
thea, I: he
..
000 copy of the certllfflcate shall be sant to the QVVQ Comat 04(ol in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 29699d660: - -
1l.
may
18. This certi0cation grants permission to thedlrector, an authorized representative of the,
Rfractdr, dr DEN R staff, upon the presentation of proper credentials, to enter the, property
during normal business hours..
This General Certification shall expire on the some day as the expiration date of the
corresponding Nationwide and/or Regional General'PQJaIh' The cgndittops to effect on the data
of issuance of Certification for a spec Ge project $hall fortieth in afiec't forthe fife of the project,
fegardless of the expiration dateofCertfl%atl6n.
Non•oppipliance with Or violation of the condition's retain tot forth by a specific project may result
In revocalloo ofthis Qenaral Certification for the praject and aray.dlso result la admiral motor civil
penalties.
Water Quality Certification No. 3698 4

Water Quality Certification No. 3898
Public hearings maybe held far speodid applloatlons or group of appplications prior to a
Certification decisfon if deemed in the p� bllo s best Interest by tha' Rrector of the North Oaronna; 4
Division of Water Quality. { -
_ Effective date: Marche 19,:2012 C
DIVISION, OF WATER. QUALITY k _
By
Charles Waklld q E
D tootot
History, Note Water Quality. Certification Numbet30961ssued Match 19, 2412 replaces WQC
Number3593 issued November 1, 2007 WQC Number 4109 Issued March f 9, 2007, WQC
Number 5492 issuedDecember 31,.2004; end WQC, Number 3373,issaed March 10 200,9.. This
General Certification 1s rescinded whon the Carps dfEngibeersreauthorizes any of the
corresponding Nationwide and/or Regional Geheia(Petmife or when deemed appropriate by the
Director of the Division of Water Quality.
i
Water Quality Qerhflnatlon. No. 3096
5

(A
Environmental
Quality
ROY COOPER
Gmcrnor
WILLIAM G. ROSS, SR.
Acting S'enetmy
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 realm 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
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 o 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: Regishation No.
Date
^Nothing Compares`.....
State ofNonit Carima I environmental Quality
1611 M ] Service Ceotev I RaH,h,N.1h C.Im 27699-1611
919-797-9000