20130658 Ver 1_Approval Letter_20130723

AJA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Dawn Patrick
128 Seabury Drive
Mooresville, North Carolina 28117
Division of Water Quality
Thomas A. Reeder
Acting Director
July 23, 2013
John E. Skvarla, III
Secretary
DWQ # 13 -0658
Iredell County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer
Impacts with Additional Conditions
Shoreline Stabilization The Point Lot 339
Dear Ms. Patrick:
You have our approval for the impacts listed below for the purpose described in your
application dated June 18, 2013, received by the Division of Water Quality (Division) on
June 27, 2013. These impacts are covered by the attached Water Quality General Certification
Number 3898 / Buffer Rules and the conditions listed below. This certification is associated
with the use of Regional Permit Number 198200030 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, and Water Supply Watershed 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts.

Ms. Dawn Patrick
DWQ# 13 -0658
401 /Buffer APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Waters Above
60 (square feet)
NA (square feet)
Normal Pool
Open Waters Below
240 (square feet)
NA (square feet)
Normal Pool
Buffers — Zone 1
60 (square feet)
NA (square feet)
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 Certifications) /Authorization and is responsible for complying with all
conditions.
3. The Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC
28115) shall be notified in writing once construction at the approved impact areas has
commenced.
4. No impacts shall occur in the buffer from top of bank, including the removal of trees and
soil disturbance, except along the immediate shoreline ( <3ft). Minimal shaping /sloping
of shoreline allowed.
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer
unless specifically approved by DWQ or meet the Catawba Riparian Buffer Rule
requirements.
6. The access corridor shall not exceed 10 ft in width and shall be restored to its original
condition prior to the project. (No removal of trees proposed)
7. All staging shall including spoil and construction material shall occur outside of the
buffer.
8. Work is to be conducted by land.
9. All stormwater shall be directed as diffuse /sheet flow (not piped) at non - erosive
velocities through the protected lake buffer and will not re- concentrate before
discharging into the lake as identified within 15A NCAC 2B .0243(5).

Ms. Dawn Patrick
DWQ# 13 -0658
401 /Buffer APPROVAL
Page 3 of 4
This approval and its conditions are final and binding unless contested.
This Certification /Buffer Authorization 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). A petition form may be obtained from the
OAH at http://www.ncoah.cgm/ or by calling the OAH Clerk's Office at (919) 431 -3000 for
information.
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 between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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
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:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Catawba Riparian Buffer Rules as described in 15A NCAC 0243. Please contact Jennifer

Ms. Dawn Patrick
DWQ# 13 -0658
401 /Buffer APPROVAL
Page 4 of 4
Burdette at 919 - 807 -6364 or jennifer.burdette @ncdenr.gov if you have any questions or
concerns.
Sincerely,
�"S)vo
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
Enclosures: GC 3898
cc: Mr. Chip Bridges, CBC, 638 Oakridge Farm Hwy, Mooresville, NC 28115
USACE Asheville Regulatory Field Office
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
DWQ MRO 401 files
DWQ Webscape Unit
Filename: 130658 Dawn PatrickLot339 (I red ell)_401_CRB.dOCX