20170078 Ver 1_Approval Letter_20170206

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Water Resources
anvironmenial Quality
February 7, 2017
Caldwell and Parmele Calame
2636 Invemes Road
Charlotte, NC 28209
ROY COOPER
GGVCO101'
MICHAEL S. REGAN
&"'I.y
S. JAY ZIMMERMAN
Dhx INor
DWR # 17-0078
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Calame 308 Snug Harbor — Lake Lure -
Dear Mr. and Mrs. Calame:
You have our approval for the impacts listed below for the purpose described in your application
dated January 4, 2017, and received by the Division of Water Resources (Division) on January
19, 2017, with additional information received on January 31, 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
0.0019 acres)
0.0029 (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.
State of NWh Carolina I Grvimnmental Quality I Wnlov Resonico.
2090 U.S. Highway 70, Swannama, Ninth Carolina 28778
828-296-4500

Calame 308 Snug Harbor
DWR4 17-0078
401 Approval
Page 2 0£3
If the property is sold, the new owner must be given a copy of this approval letter and
General Certification(s)/Pemzit/Authorizafron 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://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 receivedbythe OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAR:
Ijsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ijsending 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

Calame 308 Snug Harbor
DWR# 17-0078
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.rnitchellgiicdem.gov if you have my questions or concerns.
Sincerely,
Lman Price, ., Assistant Regional Supervisor
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 —NCWRC (via email)
Clint Calhoun — Town of Lake Lure (via email)
Stan Aiken —DEMLR (via email)
Jonathan Hinkle — Marathon Builders (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQV utherford\401sWon-DOT\Cal=e 308 Snug HarbooAPRVL.Calanne 308 Snug Harbor 02.07,2017.dou

Water Quality Certification No. 3898
uallty..Regulations in 15A NQAC 02H.0500 and 15A NCAC 02B.0200 for the
anal to waters and wetland areas as described in the Wilmington District's.
Permit Number 198200030 and Regional Permit Number 198200079 and for
The State of North Carolina certifies. that the specified category of activity will not violate
applicable portions of Sections 301, 302, $03, 306 and 307 of the Public Laws 92.500 and 95-217
If conducted in accordance withthe conditions hereinafter set forth.
Activities meeting arty one (1) of the following thresholdsor circumstances require written
approval for a 401 Water Quality Certification from the Division of'Water -Quality (the
"Division"):
a) Activities that result in fill dredging or excavation of waters or wetlands below thenormal
high water level;: or
b) Any impact: associated with a Notice of Violation or an enforcement action for violation($)
of DWQ Wetland Rules (1:5A NCAC 02H.0500), Isolated Wetland Rules (I 6A NCAC 02H
1300) DWQ Surface Water or Welland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200) or
c) .Any impacts to streams and/or buffers in 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 effect at the 8meof
:application) unless the activities are listed as 'EXEMPT" from these rales or a Buffer
Authorization Certificate is issued through N.C.Division of Coastal Management (DGM)
delegation for "ALLOWABLE"activities,
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 the thresholds.
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 beyondthe 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 Erasion and Sediment Control Practices
Erosion and sediment control practices must be in 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 NPDCS 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 Manuel, 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.
b�. :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
d. Reclamation measures and Implementation must comply with the reclamation In
accordance with the requirements of theSedimentation Pollution Control Act and the
Mining Act of 1971,
d,. Suffictant materials. required for stabilization andlor 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 (PNAs),
SA WS -I, WS -11, High quality (HQW) or Outstanding Resource (CRW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 041 0124, Design Standards in Sensitive Watersheds.
3, No Sediment and. Erosion Control Measures in Wetlands or Waters ...
If placement
Ole, then des
result in
control devices shall he removed and the natural grade restor
date that the Division of land Resources (DLR). or locally dale
the specific area within the project.
4 Construction Stormwater Permit NCG010000
ands and Y
measures
the
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 stipulatedin the conditions of the permit, if yourproject
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
btto-flportal hcdenrord/web/wd/ws/su/nodessWfbla4i-w.
Water Quality Certification No. 3898 2

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NC DOT). 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) stormwater permit.
5. 'Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (is. 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 on trout, anadromous
fish, larval/post-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 (26) designated trout counties or Identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,.
USFWS, NMPS,. 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 NO 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 withbuffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B 0233-0259,
.0243 0250, .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 useof 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 shrill be taken to
prevent direct contact between uncured or owning concrete and waters of the stets. Water
that Inadvertently contacts uncured concreteshall 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 bulkheadsinstalled in freshwater lakes to ensure
protection of aquatic: habitat.. Construction over wetlands shall be elevated at least three (3)
feet. above any wetlands, and floating structures shall not rest periodically on the bottom.
10. Piersand boathouses 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 put in
place at the time of recording of the property of ofindividual tots Whichever is appropriate. A
sample deed notification can be downloaded from the 401/W1 fends Unit web site at
http://portal nodenr orn/web/wd/sWplws/401/ceOsandOermitstapplvftrms. The text of the
sample deed notification maybe 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 Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse,
13. 1n 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. They applicant/permittee and their authorized agents shall conduct all activities In a manner
consistent with State water qualit}u standards (including any requirements resulting from
compliance with 8303(d1 of the Clean Water Act) and anv other appropriate requirements of
to
taw
Division may reevaluate andmodify 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 tothe approval.
One copy of the certificate shall be sent to the :DWQ Central Office in Raleigh at 1660 Mall
Service Center, Raleigh, NC; 27689-1650.
17. Additional site-specifio conditions, including monitoring and/or modeling requirements, may
18. This: certification grants permission to the director, an authorized representative of the
Director or DENR staff, upon the presentation of proper credentials,to enter theproperty
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 effect on the date
of issuance of Certification for aspecific 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 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'a formal
application for Individual Certification. for any project In this category of activity if it isdetermined
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
public hearings may be held for specific applicationsor group of applications prior to a
Certification decision If deemed In the publics best Interest by the Director of the North Carolina.
Division of Water Quality,
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P.E,
Director
History Note: Water Quality Certification Number3896 issued March f9, 2012 replaces WAC
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 pf 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

ROY COOPER
Gy, vzra,,
MICHAEL S. REGAN
Serrernry
Water Resoorces S. JAY ZIMMERMAN
Envimnmemol Quwny - Director
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 retain 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 cue 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 Permi[ee 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
Cerfification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date
Registration No.
"�fnCbillgCompares=. t.-_
Slaw or Nord) Carolina I Hnoronroenwl Quality I Water Rewumer
2090 U.S. Highway 70. Stseerwer. NUVh Carolina 28798
828-2964500