20170224 Ver 1_Approval Letter_20170301

Water Resources
Eavironmenlal Quality
March 2, 2017
Larry Williams
1651 Brightwaters Blvd NE
St. Petersburg, FL 33704
ROY COOPER
Ganertar
MICHAEL S. REGAN
Se""I "
S. JAY ZIMMERMAN
IJirector
DWR # 17-0224
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Williams 1051 New Trillium Way—Lake Glenville
Dear Mr. Williams:
You have our approval for the impacts listed below for the purpose described in your application
dated January 15, 2017 and received by the Division of Water Resources (Division)on February
22, 2017, with additional information received on February 27, 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
0.0057 (acres)
0.0057 (acres)
State ofNotlh Carolina I Envimnmtaital Quality I Wates Resources
2090 LLS. Highway 70, Swauaanoa, North Carolina 28778
828-2964500

Williams 1051 New Trillium Way
DWRN 17-0224
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 02H .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 0211.0506
(b)(2) and (c)(2)]
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 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 5: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:

Williams 1051 New Trillium Way
DWR# 17-0224
401 Approval
Page 3 of 3
If sending via US Postal Service:
If sending 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:
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 Kevin Mitchell at 828-296-4650 or
kevin.mitchellgredenr.aov if you have any questions or concerns.
Sincerely,
Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Bob Martin — The Sea Wall Co. (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\WQV.ksou\40lsWau-D0T\Williams 1051 New Trillium Way\APRVL.Williams 1051 New Trillima Way_ 03.02.2017.doex

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 96-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H .0800 and 16A NCAC 02B 0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington Dlatricts
Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) In 15A NCAC 02B;0200.
The State of North Carolina Certifies that the specified category of activity willnot violate
applicable portions of Sections 301, $02, 303, 306 and 301 of the Public Laws 92-500 and 96-217
if conducted in aCCordahW with the conditions hereinafter set forth.
Activities meeting any 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'T
a) Activities that resuh in fill, dredging or excavation of waters or wetlands below the normal
high water level; or
b) Any impact associated with allotice of violation oran enforcement: action forviolation(s)
of DWQ Welland Rules (15A NCAC 02H,0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surfacs Wateror Wetland Standards, or Riparian Buffer Rules (16A. NCAC:
02B .0200); or
e). Any Impacts to streams and/or buffers in the Nauss, 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 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.
3eneral Certification i
then one payment to
two fees
i requires a
higher of the
:Activities Included In. this General Certification that do not meet one ofthe 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 beyond the 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 Certifloation No. 3898
specifications for this project are Incorporated by reference and are enforceable parts of this
permit.
2.. Standard Erosion and SedimentControl Practices
Erosion and sediment control practices mus( be in full compliance with all specifications
governing the proper design, Installation arta operation and maintenance of such Best
Management. Practices and' if applicable comply With the specific conditions and,
requirements of the NPDES 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 oreXoeed the requirements specified in the most
recent version of the North Carolina Sediment and 5ros)oli Control Manual The devices
shall be maintained an all construction sites, borrow sitse,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 mustbe designed,
Installed 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 reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971:
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater muting, and treatment shall be on site at all times.
a. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -1, W5 -II High Quality (HOW), or Qutetandlhg Resource (ORW)waters then the
sedimentation and erosion Control designs must comply with the requirements set forth
in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds.
3. No Sediment and Erosion Control Measures In Wetlands or Waters
all not be
or banks,
I erosion
specific area within the
4. Construction Stormwater Permit NG0010000
An NPDES Construction Stormwater Permit is required for construction projectsthat disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
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 pian, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required A copy of the general permit(NCGO10000),
inspection log sheets, and other information may be found at
htto'/loortal ncdenrorc/webiwolwslaulnodessw#tab-w .
Water Quality Certification No. 3898

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities withinthe most recent Version
of their Individual NPDES (NC8000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), than 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),6NC. Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anedromous
fish, larval/post-larval fishes and crustaceans, or other aquatic speciesof 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 DMF personnel.
6. Work in the Dry
All work in or adjacent -to -stream waters shall be conducted so that the flowingstreamdoes
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 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 conditionrequire application submittal to and written approval by the
Division.
7, Riparian Area. Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
withir ttiiWNeuse 1`ar Pamlico, ar Catawba River Basins or in the Randleman,llofdab, of
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to"uses" identified within and constructed In accordance with ISA 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, includingdiffuse
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 uncuredor 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 -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 (3)
feet. above any wetlands, and floating: structures shall not rest periodically on the bottom.
10. Pians and 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..
1.1.. Deed notifications or similar mechanisms Snell 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 mechanism$ shall be put in
place at the time of recording of the property or offndlviduallots whichever is appropriate. A.
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http //portal ncdenr ora/web/wo/swo/ws/401/certsantluermitg/ap Iwforms The text of the
sample deed notification may be modified as appropriate to..olt 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 notvalid 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 5tofmwafer 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 applicant/permittee 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 Glean 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 a designated 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 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 NC, 27699-1660.
17. Additional site-specific conditions, including monitoring and/or modeling requirements, may
ke. AeA f^ �Aenn--1 6+1— nmimM mmnnQ=d iinriar thi� mrnear nnaiuv ,.. .
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 shall expire onthe same day asthe expiration date of the
corresponding Nationwide and/or Regional General PermitThe conditions in effect on the date
of issuance of Certification for a specific project shell remain in effect for the life of the project,
regardless of the expiration date of this Certification,
Non.00mpliance with or violation of the conditions heroin set forth by a specific project may result
in revocation of this General Certificationfor the project and may also result in criminal andior 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 is 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 of downstream waters are precluded.
Water Quality Certification No. 3898

Water Quality Certification No, 3898
Public hearings maybe held for specific applications or group of appiioations prior to a
Certification decision if deemed in the public$ 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 Number 3898 issued March 19, 2012 replaces WQC
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 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

kh
W uter Reaoorces
Environmental Quality
WR Project No.:
Applicant:
Project Name: _
ROY COOPER
turner,...
MICHAEL S. REGAN
S"'froy
S. SAY ZIMMERMAN
Di'"',
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, life 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 life applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
L , 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
L , 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
1, , 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
Neathlrlg Compares"-,,.._
Siam of Natal Caruana I nnvvonmenod Qu il, I Weer Rexounoa
20901). S. Hiph,, 70. Sw.ruloa. Noul, Csvane 25778
818-2964500