20170083 Ver 1_Approval Letter_20170208

j.9.
Water Resources
Environmental Quality
February 8, 2017
Joseph and Dixie Mazur
171 Summer Lane
Mill Spring, NC 28756
ROY COOPER
GO ... u I
MICHAEL S. REGAN
5'etoel"y
S. JAY ZIMMERMAN
Dbector
D W R # 17-0083
Polk County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
171 Summer Lane Shoreline Stabilization
Dear Mr. and Mrs. Mazur:
You have our approval for the impacts listed below for the purpose described in your
application dated January 17, 2017, and received by the Division of Water Resources (Division)
on January 20, 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 get 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 are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(6) and/or (c)]
^.Nothing Gornpaim:-..a..
Stat, of Ncatll Caml'ma I Eavn...rwl Quality I Water Res,ur,ee
2090 U.S. Hi,i,,, 70, S.au,,oa, Nonh Ca.una 38778
838-396-4500

Mazur -171 Summer Lane
DWR# 17-0083
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0069 acres
0.0069 acres
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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at
the water/land interface. 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 or stream flow and shall consist of
clean rock or masonry material free of debris or toxic pollutants. The riprap 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 02H .0507(c))
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 1508 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 B: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
Mazur -171 Summer Lane
D W RH 17-0083
401 Approval
Page 3 of 3
If sending 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 DENR:
William F. Lane, 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 Andrew Moore at 828-296-4684 or
[e-mail] if you have any questions or concerns.
Sincerely,
Zan Price, P.E., 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)
Stan Aiken — DEMLR (via email)
Cathy Ruth — Polk County Planning (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Polk\4015\Nan-DOT\Mazur 171 Summer WneWRVL.Mazur171SummerL ne.2-8-17.docx

Water Quality Certification No. 3898
'star Quality Certification Number 3898 Is issued in conformity, with the requirements of Section
11Public Laws 92-500 and 96-217 of the United States and subject to the North Carolina
vision of Water Quality Regulations in 15A NCAC 02H 0600and 15A NCAC 02B .0200 for the
:charge of fill material to waters and wetland areas as described in the Wilmington District's
agional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for
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 $actions 301, 902, 903 306 and 307 of the Public Laws92-500and 96-217
If conducted in accordance withthe 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'tt
a) Activities that result in fill, dredging or excavation' 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 Weiland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules ('15A NCAC
028..0200); or
e). Any impacts to streams and/or buffers in the Neuse,.. Tar -Pamlico, or Catawba River
Basins oral the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area ProtaoBon Rules [Buffer Rules) in effect at time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C.Division of Coastal :Management (DCM)
delegation for"ALLOWABLE" activities.
In accordance with North Oarokre General Statute 143-2153.13(e), wnften apodyal for s 401 —` ---
Water Quality General. Certification must includethe 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 meat one of the thresholds.
listed abovedo 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, orflll of kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of theimpacts depleted 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, andmaintenance 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 In full compliance with all specifications.
governing the proper design, installation and operation and: maintenance ofsuch Beat
Management Practices and if applicable comply with the specific conditions and
requirements of the NPOES Construction Stormwater Permit issued to thesite:
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 -owned or leased borrow pits associated With the project.
b.. Por 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
e. 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 stabilizationand/or repair of erosion control measures
and stormwater routing. and treatment shall he on site star times.
e. If the project occurs in waters or watersheds classified as: Primary Nursery Areas (PNAs),
SA WS -1. 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
unavoidable, then design and placement of is
conducted in manner that may result in qts -i
adjacent to or upstream and downstream of it
control devices shall be removed and the hat(
date that the Division of Land Resources (01-1
the specific areawithin the project.
4. Construction Stormwater Permit NCGO10000
or more
and
Aa
1 wetlands and waters is
)nholmeasuresshall not be
ends, stream beds, or banks,
i All sediment and erosion
within two (2)months of the
ted program has. released.
for construction projects that disturb
water to be dischamed durinc land
record keeping
Water Quality Certification No. 3898 2.

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCOOT)shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NOS000250) stormwater permit,
5. Construction Moratoriums and Coordination
if activities. must occur during periods of high biological activity (Le. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required atthe request of other
state or federal agencies and coordinated with these activities. -
All moratoriums on construction activities established. by the NO Wildlife. Resources
Commission (WRC) US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMI', or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, (arval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented 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,
USFWS NMFS,„and/or DMIF personnel,
B. Work In the Dry
All work inor adjacent to stream waters shall be conducted sothat the flowingstream: does
not come in contact with the disturbed area Approved bestmanagement practices from the
most current version of the NO 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 conditionrequire application submittal to and written approval by the
Division.
7. Riparian Area. Protection(Huffer) Rules
or
other basin or watershed withbuffer rules) shall be
,tructed in accordance with 15A NCAO 028 ,0233, :.
.0243 0250, .0267 and .0005, and shall be located, designed, constructed,. and maintained
to have minimaldisturbance 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 shall be taken to
prevent direct contactbetween uncured or curing concrete and waters of the state. Wafer
that Inadvertently 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 -rep shallbe 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 floating structures shall not rest periodically on the bottom.
10. Piersand boat houses shall be constructed to provide for storage and removal of sewage
rather than allowing raw waste or other sewage to be disposed directly Into surface waters,
it. Deed notifications or similar mechanisms shell be placed on all retained Jurisdictional
wetlands, waters,: and protective buffers within the project boundaries In order to assure
Water Duality Certification No. 3898

Water Quality Certification No. 3898
compliance for future wetland, water, and buffer impact These mechanismsshall be put in
placeat the time of recording of the property or of Individual lots Whichever is appropriate, A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
htto:f1portal.ncdenrora/weblwalswplws/401/certsand]5ermits/apply/foTms. The text of the
sample deed notification may be modified asappropriate tosuit to a --Pacific Project
Documentationof 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. 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. The appllcanUpermiltee 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 of
State and Federal Law. If the Divisiondetermines that such standards or laws are not being
met Including failure to sustain adesignated or achieved use, or that State or Federal law is
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 isrequired 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 to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center; Raleigh NC, 27699-1660.
17 Additional site-specific 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 the property
during normal business hours..
This General Certification shallexpire on the same day asthe expiration date of the
corresponding Nationwide and/or Regional Generat Permit, The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the Ida of the project,
regardless of the expiration date of this Certification,
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certificationfor the project and may also result in criminal and/or civii
penalties.
The Director of the North Carolina Division of Water Quality may require submission of formal
application for individual Certification for any project In this category of activity if itis determined
that the project is likely to have a significant adverseeffect 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 4

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 Caroline
Division of Water Quality,
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P. E.
Director
History Note: Water Quality Certification Number 3808 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007, WQC Number 3039 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 5

Water Resources
P,vimnmmaWl Quality
WR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water
County:
Certificate of Completion
ROY COOPER
Gonrmo,
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Oirartm
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 reamed 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 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 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:
Registration No.
..�Nothing Compares...;,_
slave or Naa Carolina I PvviNanental Qnalty I wastR 8B araas
209011S. Highway 70, Swnnnaina, North Camliiu 28778
828-2964500