20140747 Ver 1_Approval Letter_20140813

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HCDENR
@JmirthCarn|'Da Department of Environment and Natural Resources
August 13, 2014
Kirk Menzel
8408Ma|brannyRoad
Charlotte, NC28278
John E. SkVarl8. III
Secretary
DVVR#14-O747
Mecklenburg County
Subject- CORRECTION Approval of4Ol Water Quality Certification and Catawba Riparian
Buffer Impacts with Additional Conditions; Shoreline Stabilization, 84OQMa||aranny
Road, Charlotte, Lake Wylie
Dear Mr. Menzel:
You have our approval for the impacts listed below for the purpose described in your application dated July
18,2014 and received b* the Division of Water Resources (Dk/ision)on July 21,2014 with additional
information received on August 4,2D14. These impacts are covered hy the Water Quality General
Certification Number 3898 (attached), Catawba Buffer Rules and the additional conditions listed below.
This certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army
Corps mf Engineers and expires on the same day. Please note that you should obtain any other applicable
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) the local lake management authority, erosion and sediment control, non-discharge, and water
supply watershed regulations,
This approval requires you to follow the conditions listed in the enclosed certification, the general permit
and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions mf the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. Please note that this approval is for the repair and
stabilization of the existing shoreline but this approval does not allow any extension of
the shoreline into the lake.
Type of Impact Amount Approved (sq. ft.) permanent
Open Waters - above normal pool 1,800 sq. ft.
Open Waters - below norma,l pool 300 sq. ft.
Buffers — Zone 1 1,800 sq. ft.
Division of Water Resources 40&Buffer
1617 Mail Service Center, Raleigh, North Carolina 27O901O17
Lomat|mm51%N. Salisbury St. Raleigh, North Carolina 2760N
Phone: A19-80743UO\ FAX: O1O-8U7-64Q4
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An Equal Oppori Affirmative Action Employer - Made in part by recycled paper

Kirk Msmd
nvvmwz4-J747
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Page 2ur3
This approva|is forth e purpose and design descrbed[mymurapp|icatimm. The plans and
specifications for this project are incorporated by reference as part ofthe
Certification/Authorization. |f you change your project, you must notify the Division and
you may be required to submit e 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
Certificatio,n/Authorization and is responsible for complying with all conditions.
3. The Division 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. Trees that are undermined orleaning can be removed and minimal shaping and sloping
along the immediate shoreline |sallowed. According to the Catawba Buffer Rules 15A
NCAC 02B .0243, you are allowed to thin underbrush, shrubs, and limbs up to 50% of
individual tree height to enhance a lake view provided that soils are undisturbed, diffuse
flow is maintained and that no stems of woody vegetation larger than 3" DBH (diameter at
breast height) are to be removed.
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division or must meet the Catawba Riparian Buffer Rule
requirements.
G. The access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition prior to the project,
7, All staging, including spoil, stockpile and construction material, shall occur outside of the
8. Work is to be conducted from land.
9. All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive
velocities through the protected lake buffer and should not re-concentrate before
discharging into the lake as identified within 15AN[ACO2B.U243(5).
10. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 and Buffer Permitting Unit within te,n days of project completion.
(available at: littp�./
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 asQAN). 4 petition form may be obtained from the OAHat or by
calling the K}AH Clerk's Office at (919)4S1-3O8O for information.
Within sixty (60) calendar days of receipt of this notice, a petition must befiled 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

Kirk Menzel
Dvvm#14-0747
401/8vffe,4PpxOv4c
Page 3o+a
the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may ba faxed Uo the 8AHat(919)431-5IOO provided the original and one copy nf the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
if sending via bSPostal Service: if sending via delivery service (UPS, FedB, etc):
Office of Administrative Hearings Office ofAdministrative Hearings
6714 Mail Service Center I711 New Hope Church Road
Raleigh, NC27699-6714 Raleigh, NCZ7609-628S
One (1)copy of the petition must also be served toDENK:
Lacy PreoneU, General Counsel
Department of Environment and Natural Resources
16O1 Mail Service Center
Raleigh, NC27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in15AN[A[O28.024S. Please contact Shelton Sullivan a1919-8O7-6�3G1
or if you have any questions orconcerns.
Enclosures: GC 3898
cc Duke Energy Lake Services, P0 Box 10O6, Charlotte, WC28201-IOO6
DSA[E Asheville Regulatory Field Office
D0VRMR{}401 files — email copy
DVVR401Q, Buffer Permitting Unit
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