20141094 Ver 1_Approval Letter_20141027

NCDENR
North Carolina Department nf Environment and Natural Resources
Pat McCrory
Governor
October 27, 2014
Elmer and Abigail Lutz
241OSett|ennyre8hd8erRoad
Newton, WC28658
John E. SkVarla. ||[
Secretary
DVVR#14-IO94
Catawba County
Subject: Approval of401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, 3868 Landmark
Drive, SherriHs Ford, Lake Norman
Dear Mr. and Ms. Lutz:
You have our approval for the impacts listed below for the purpose described in your application dated
October 14, 2014 and received by the Division of Water Resources (Division) on October 16, 2014. These
impacts are covered by the Water Quality General Certification Number 3898 (attached), Catawba Buffer
Rules and theadditiona| conditions listed below, This certification is associated with the use of Regional
Permit Number 198200030 issued by the U.S. Army Corps of Engineers and expires on the same day.
Please mote 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, nun'discharge, and water supply watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certificationi, the general permit
and the following additional conditions:
I. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules one met, No other impacts are
approved, including incidental impacts. Please note that this approval im for the repair and
stabilization of the existing shoreline but this approval dues not a||mvx any extension of
the shoreline into the lake. [15A WCACQ2H .0506/b\, 15A N[ACO2H .0507(c) and 15A
NC4CO28.O243(8)]
Division of Water Resources -40& Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 276QA46l7
Location: 512N.Salisbury St. Raleigh, Norlh Carolina 27604
Phone: 91&-8U7630N\ FAX A19-807-64B4
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An Equal Opportunity � Affirmative Action Employer - Made in part by recycled paper

Eimer and Abigail Lutz
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2. This a�pprnva| 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
Certification/Authorization and is responsible for complying with all conditions. [15A NCAC
02H.0506 and 15AN[A[O2B.0243(8)]
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. [15ANCACO2H.OSO2(e)]
4. Only those trees that are undermined or leaning can be removed. Minimal shaping and
sloping along the immediate shoreline is allowed. [15A NCAC 02B 0243(6)]
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division and must meet the Catawba Riparian Buffer Rule
requirements. [15AN[ACO2B .0243(4) and (6)]
G. Any access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition prior to the project. [15A NCAC 02B .0243(6)]
7. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer. [15A NCAC 02B.0243(4)]
8. Work is to be conducted from land as indicated im your application. [15A NCAC 02H .0502
and 15A NCAC 02B.0243(8)]
9. All stnnn*ater 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. [1S&NCACO2B.0243(5)]
10. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR401and Buffer Permitting Unit within ten days of project completion.
(available at: or see
attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(8)]
This approval and its conditions are final and binding unless contested.
This Ce/dfication/BufharAuthohzatiun can be contested as provided in Articles ] and 4 of General Statute
150D by filing a written petition for an administrative hearing to the office of Administrative Hearings
(hereby known asOAH). 4 petition form may be obtained from the OAHat or by
calling the OAH Clerk's Office, at (919) 431-3UO0 for information.
Within sixty (6g) calendar days of receipt of this notice, o 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

Elmer and Abigail Lutz
ovvn#»4-z094
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the DAH during normal office hours (Monday through Friday between 8:0Dam and 5.00pm, excluding
official state holidays).
The petition may be faxed tmthe OAHat/919\431-31OO provided the original and one copy of the petition
along with any applicable OAH filing fee, is received 6w the OAHwithin five (5) business days following the
faxed transmission.
Mailing address for the OAH:
if sending via UI Postal Service: If sending via delivery service (UPS, FedEx,etct
Office nf Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, N[Z7S99-5714 Raleigh, NCZ76O9'6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
l601 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 ns described im1SAN[ACQ2B.Q24]. Please contact Shelton Sullivan xt919-8O7-6361
or if you have any questions orconcerns.
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
K4H/sos
Enclosures: GC 3898; Certification of Completion Form,
cc: Duke Energy Lake Services, M] Box 1OO6 Charlotte, NC 28201-1006
US4CE Asheville Regu|atory Field Office
0VVRN1KO- file copy
DVVR 401@k Buffer Permitting Unit — fiUecnpy
Filename: 141094Lutz9868LaodmaM«DriveSherriNsfordLKNonnanhCatawba RB