20180263 Ver 1_Approval Letter_20180302

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Water Resources
lnteritn Director
Environmental Quality
2 March 2018
DWR# 18-0263
Alexander County
Mr. Baxter Hayes
Brushy Mountain Golf Club
300 Golf Course Lane
Taylorsville, NC 28681
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Pond Dredge
Dear Mr. Hayes:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated February 13, 2018 and received by the
Division of Water Resources (the Division) on March 1, 2018. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 4137 which
can be viewed on our web site at https•//dea nc gov/about/divisions/water-resources/water-resources-
The General Certification allows you to use Nationwide Permit Number 16 once it is issued to you by
the U.S. Army Corps of Engineers (COE). 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, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new Certification. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required. If the property is sold, the new owner must be given
a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Open Water (dredge)
0 linear ft.
34000 sq. ft.
%'Nothing Compares:.-..
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
6. All work in or adjacent to waters shall be conducted in a dry work area. Reasonable BMP
measures shall be utilized and implemented should the proposed plan fail to sufficiently protect
water quality. 15A NCAC 02H.0506(b)(3) and (c)(3)
7. Reasonable storage capacity shall be maintained to allow sufficient settling of the dredge material
prior to removal of excess water back into the dredged pond. During pumping, personnel shall be
onsite at all times. Pumping shall be from the top of the water column. 15A NCAC 02H.0506(b)(3)
and (c)(3)
8. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved by this Certification. 15A NCAC 02H.0506(b)(3) and (c)(3)
9. A turbidity curtain shall be utilized, if practicable to prevent discharge from the pond while
dredging. 15A NCAC 02H .0506(b)(3)
10. The issuance of this Certification does not exempt the permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)
12. Continuing Compliance. The applicant (Brushy Mountain Golf Club) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. If the Division determines that such standards or laws are not being met
(including the 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, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the Certification, the Division shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity
for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to the applicant in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project. 15A NCAC 026.0200
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at htta://www.ncoah.com/or by
calling the OAH Clerk's Office at [phone].

Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
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
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. 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. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: William Elliot, Army Corps of Engineers, email
Megan Jolly, Wetlands and Waters, Inc., [e-mail]
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality