20150134 Ver 1_Approval Letter_20150211

V
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 11, 2015
Donald van der Vaart
Secretary
DWR q 15 -0134
Stanly County
Mr Robert Land
802 Amanda Way
Albemarle, NC 28001
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, 427 Tranquil Bay, Lake Tillery
Dear Mr. Land,
You have our approval for the impacts listed below for the purpose described in your application dated
January 27, 2015 and received by the Division of Water Resources (Division) on February 2, 2015. These
impacts are covered by Water Quality General Certification Number 3898 (attached) 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 of 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, 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 are met. No other impacts are approved, including
incidental impacts. 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters — below normal pool
800 sq. ft.
Open Waters —above normal pool
480 sq. ft.
Shoreline length
80 sq. ft.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone [phone] / Fax 704 - 663 -6040 /Customer Service 1 -877- 623 -6748
Internet www ncdenr gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

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 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 and is responsible for
complying with all conditions. [15A NCAC 02H .0506]
3 The Division's 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. [35A NCAC 02H .0502 (e)]
4. All stormwater should be directed as diffuse or sheet flow (not piped) at non - erosive
velocities and should not re- concentrate before discharging into the lake. ,
5. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion.
(available at: http•/ /portal ncdenr.orp/web /wq /swp /ws/ 401 /`certsandpermits /apply /forms) 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 Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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.comL 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:OOam and S.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. 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 DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

1
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Alan Johnson at 704- 663 -1699 or alan.johnson @ncdenr.gov if you have any questions or concerns.
incerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
CC. Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
USACE Asheville Regulatory Field Office
DWR MRO - file copy
DWR 401 & Buffer Permitting Unit —file copy