20150356 Ver 2_Approval Letter_20160223

Water Resources
ENVIRONMENTAL QUALITY
February 23, 2016
Mr. Steven Hinshaw
PAT MCCRORY
Gm ,,,.,
DONALD R. VAN DER VAART
Se v"y
S. JAY ZIMMERMAN
Do,eclor
DWR # 15-0356V2
Gaston County
NW Lake Wylie, LLC
423 South Sharon Amity Road
Charlotte, NC 28211
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Seven Oaks Marina, shoreline stabilization, Lake Wylie
Dear Mr. Hinshaw,
You have our approval for the impacts listed below for the purpose described in your application dated
January 27, 2016, and received by the Division of Water Resources (Division) on February 12, 2016. These
impacts are covered by 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 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, the General
Permit, and the following additional conditions:
1. The fallowing impacts are hereby approved provided that all of the other specific and general
conditions of the Certification/Buffer Authorizations are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B.0243(8)]
Type of Impact
Amount Approved (sq. ft.)
permanent
Open Waters (shoreline)
1740 sq. ft.
Buffer (shoreline)
1160 sq. ft.
Shoreline length
580 sq. ft.
Dredge
4,700 cu. Yds.
2. This approval is for the proposed shoreline stabilization and dredging described in your application. The
plans and specifications for this project are incorporated by reference as part of the Certification/Buffer
Authorization. If you change your project, you must notify the Division and you may be required to
State of Nonh Caroline I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Oflicel 610 East Center Avenue, Suite 3011 Mooresville, Noah Caroline 28115
704663 1699

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/Buffer Authorization and is responsible
for complying with all conditions. [15A NCAC 02H .0506 and 15A NCAC 02B .0243(8)]
3. Work is to be conducted from land and/or from water by barge. Any access corridor (through the
buffer) shall not exceed 10 -feet in width and shall be restored to its original condition prior to the
project. No trees are proposed or allowed for removal. [15A NCAC 02B .0243(6), 15A NCAC 02H .0502
and 15A NCAC 02B .0243(8)]
4. Dredged material shall be stockpiled outside of the Catawba Riparian Buffer and properly stabilized
using proper sediment/erosion control measures. All staging, including spoil, stockpile and
construction materials, shall occur outside of the buffer. [15A NCAC 02B .0243(4)]
5. Minimal shaping and sloping along the immediate shoreline is allowed for the stabilization of the bank.
Only those trees that are severely undermined can be removed [15A NCAC 02B .0243(6)]
6. 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. [15A NCAC
02B .0243(4) and (6)]
7. 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. [15A NCAC
02H .0502 (e)]
8. All stormwater associated with this project 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. [15A NCAC 02B.0243(5)]
9. 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://porta 1.ncdenr.org/web/wq/swp/ws/401/certsand perm its/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/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.com/ or by
calling the OAH Clerk's Office at [phone] 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:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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 02B .0243. Please contact Alan Johnson at 704-663-1699
or [e-mail] if you have any questions or concerns.
Sincerely,
C -9L W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: David Brown, USACE Asheville Regulatory Field Office, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Unit —file copy