20081159 Ver 1_Approval Letter_20080811

w A Michael F. Easley, Governor
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William G. Ross Jr., Secretary
\O North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
pr 'ks Division of Water Quality
August 13, 2008
DWQ Project # 08-1159
Mecklenburg County
Mr. Tom Johnston and Ms. Shari Johnston
3540 Castlegate Wynd
Lexington, KY 40502

Subject Property: Lot #584, Flying Jib Rd., The Peninsula S/D, Lake Norman

Approval Of 401 Water Quality Certification and Authorization Certificate per the Catawba
Riparian Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions

Dear Mr. and Ms. Johnston:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application received on July 29, 2008:

Amount Approved Units Plan Location or Reference
Shoreline 100 feet
404/CAMA Wetlands acres
Waters .01 acres
Buffers-Zone 1 100 (square ft.
Buffers- Zone 2 (square ft.

After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3693 covers the impacts (a copy can be found at:
http://h2o.enr.state.nc.us/ncwetlands). This Certification allows you to use Regional General
Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACE). This
letter shall also serve as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Erosion and Sediment Control, Non-Discharge,
Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACE's 404 permit
expires unless otherwise specified in the General Certification. This approval is for the purpose
and design that you described in your application. If you change your project, you must notify
this Office and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible
for complying with all conditions.

NoLCarolina
Utffridy
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

This approval requires you to follow the conditions listed in the attached Certification and
any additional conditions listed below.

1. No impacts shall occur in the buffer, including the removal of trees, except along the
immediate shoreline as approved.
2. Mulch or pine needles (6' deep) shall be used to help reestablish the buffer in any disturbed
areas upon completion of the project.

3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected buffer such that it will not re-concentrate before discharging into the lake as
identified within 15A NCAC 2B.0243(5).

4. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to return the attached
Certificate of Completion form to the 401 Oversight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. If you do not accept any of the conditions of
this Certification (associated with the approved wetland or stream impacts), you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes, to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This Certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.

This letter completes the review by the Division of Water Quality under Section 401 of
the Clean Water Act and the Catawba Riparian Buffer Protection Rules as described within 15A
NCAC 213 .0243. If you have any questions, please telephone Ian McMillan at 919-733-1786 or
Barry Love at 704-663-1699.
Sincerely,

for Coleen H. Sullins

Enclosures: Certificate of Completion

cc,. Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Central Files
Ian McMillan-Wetlands Units'
Tom Stevenson-Tom Stevenson Building Company