20170121 Ver 1_Approval Letter_20170214

is
Water Resources
51vlronmenlal Quality
February 14, 2017
Tim & Wendy Portelance
174 Magnolia Farms Lane
Mooresville, NC 28117
ROY COOPER
Govereor
MICHAEL S. REGAN
S'ecre[mi
S. JAY ZIMMERMAN
Direcmr
DWR # 17-0121
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Portelance Peninsula Road Lot 10 — Lake James
Dear Mr. and Mrs. Portelance:
You have our approval for the impacts listed below for the purpose described in your application
dated January 23, 2017, and received by the Division of Water Resources (Division) on January
26, 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 certifications) -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
0.0058 (acres)
0.0087 (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
S1W ofNnOh Carolina IGvirnnmemal Oaality I Waler Resources
20% U. S. Hi&Mvy 70, Sw nasaa, North Carolina 28198
828-296-0500

Portelan.e Peninsula Road Lot 10.
DWR# 17-0121
401 Approval
Page 2 of 3
General Certification(s)/Permit/Authorizafion 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: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
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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Portelanoe Penimalo Dive Lot 10,
DWR4 17-0121
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 mitchell@ncdenr izov if you have any questions or concerns.
Sincerely,
Pal PL rice, P.)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 — NC WRC (via email)
Ron Harmon — McDowell County Planning (via email)
Carissa Parker — Bernick Enterprises, LLC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
GdWR\WQQNCD.we11\401,\Non-DDd1P.rtel.m Peninsula Dr Lot10\APRV Portela.. Peninsula D,Lo[10_ 02.142017.d.c.

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 05-217 of the United States and subject to the North Caroline
Division Of Water Quality Regulations in 16A NCAC 02H .0500 and 16A NCACO2B .0200 for the
discharge of flit 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 028,0200.
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 95-217
If conducted in accordance withthe conditions hereinafter set. forth.
Activities meeting arty one (1) Of the following thresholds or circumstances require written
approval for a.401 Water Quality Certification from the Division of Water quality (the !
"Division"): I
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) i
of DWQ Wetland Rules (15A NCAC 02H ,0500) Isolated Wetland Rules (15A NCAC 02H
.1300) DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (16A. NCAC
926 0200); or
c) Any Impacts to. streams and/or buffers in the Nauso Tar -Pamlico or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any ether basin or !.
watershed. with Riparian Area Protection Rules [Buffer Rulesj in effect at the 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 E
In aceor"dance wilh NoA6 Carolina Genesi Statute 143-216,31)(e), written approval fora 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
Activities included in. this General Certification that do not meet one of the thresholds.
listed above donot 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 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 thedesign, 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. 3698 1

Water Quality Certification No. 3898
specifications for this project are incorporatedby 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 of such Best
Management Practices and if applicable comply with the specific conditions. and
requirements of the NPDES Construction Storrowater 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 EroslofControl 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.
to For borrow pit sites, the erosion and sediment control measures must be designed,
retailed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. -
c. Reclamation measures and Implementation must comply With the reclamationin
accordance with the requirements of the Sedimentation Pollution Control Act and they
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. tf the projectoccurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS -I WS -11, High Quality (HQW), or Outstanding Resource (ORW) waters then the
sedimentation and erosion, control designs must comply :with the requirements set forth
in 15A NCAC.048 0124, Design Standards in Sensitive Watersheds.
-_ 8. No Sediment and Erosion Control Measures in Wetlands or Waters
rovalby the
and waters Is
curesshall not be
released
the specific area
4 Construction stormwater Permit NCGO10000
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 duringland.
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
http9/ohrtnl nodenroro/web/wg/ws/su/nodesaw#tab-w.
Water Quality Certification No. 3898,

Water Quality Certification No. 3398
The North Carolina Department of Transportation (NCDOT)shall be required to be In full
Compliance with the conditions related t0 constmction. activities withinthe 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 (Le. sea turtle nesting, fish
spawning or bird nesting), then biological monitoring maybe 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)I::NC 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 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, NMF5,.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 ControlManual, 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 be limited
to"uses" identified within and constructed in accordance with 15A NCAC. 028.0233, .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 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 contact between uncured or curing concrete and waters of the state, Water
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 (0)
feet. above any wetlands, and floating structures shall not rest periodically on the bottom.
10. Piers and boathouses shall be constructed to provide for storage and removal of sewage
rather than allowing mw waste or other sewage to be disposed directly into surface waters.,
11. Deednotifications 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 or ofindividual whichever Is appropriafe, A
sample deed notification can bedownloaded from the 401Mletlands Unit web site at
-httQ ortal ncdanrory/web/wq/swo/ws/401/cl r sandpermus/aoply/forms: The text of the
sample deed ootificatIDn maybe modified asappropriate to suit to aspecific project,
Documentation of deed notifications shall be provided to the Division Upon request.
12. If an environmental document is required underthe 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) coastalcounties 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 apppoantlpermiftee 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 1
State and Federal Law. If the Divisiondetermines that such standards or laws are not beim
met Including failure to sustain a designated or achieved use, or that State or Federal law
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 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 INC, 27699-1660.
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 as the expiration date of the.
corresponding Nationwide and/or Regional General Permit. The conditions In effect on the date
of issuance of Certification for a specific project shall remain in effectfor the life of the project,
regardless of the expiration date ;ofrthis 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 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 itisdetermined
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 applications or group of applications prior to a
Certification decision If deemed in the public's best interest bythe •Director of the North Carolina
Division of Water Quality, -
Effective date:. March. 19, 2012
DIVISION OF WATER QUALITY
8Y
%v( ezzr "
Charles Wakild,:P. E,
Director
History Note: Water Quality Certification Number -3896 issued March 19, 201-2 replaces WRC
Number 3693 issued November 1, 2007; WQC Number 3639 issued Marche 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

r�
Water Resources
Hnvir m".. lQ'At,
WR Project No.:
Applicant:
Project Name: _
ROY COOPER
cone",o"
MICHAEL S. REGAN
secret""
S. SAY ZIMMERMAN
Lana,"
County:
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
1, , 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
h , 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
7f this project was designed by a Certified Professional
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 Pemsitee 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.
Date
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Sine of Nonh Cmvlina I nnvironme9lal QuWlty I Waw Reaouaes
2090 U.,S. Highway 90, Swrvmnno4 Nnrth Cam9nn2fi918
828-2964500