20171278 Ver 1_Approval Letter_20171020

Water Resources
ENVIRONMENTAL QUALITY
20 October 2017
Michael Wise
225 Cape August Place
Belmont, NC 28012
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-1278
Gaston County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Cape August Place, Lake Wylie
Dear Mr. Wise,
You have our approval for the impacts listed below for the purpose described in your application dated
October 5, 2017 and received by the Division of Water Resources (Division) on October 9, 2017. These
impacts are covered by the Water Quality General Certification Number 4098 (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:
The following 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. This approval does not allow any extension of the shoreline
into the lake. [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
612 sq. ft. (0.012 ac)
Buffer
204 sq. ft.
Shoreline length
102 ft.
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/Buffer
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,
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-1611
919.707.9000

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. NO trees proposed for removal. Exception, those trees that are severely undermined can be
removed. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC
02B .0243(6)]
4. 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)]
S. You are allowed to thin underbrush, shrubs, etc. [15A NCAC 02B.0243(6))
6. Any access corridor shall not exceed 10 feet in width and shall be restored to its original
condition prior to the project. All staging, including spoil, stockpile and construction materials,
shall occur outside of the buffer [15A NCAC 02B .0243(6), 15A NCAC 02B .0243(4)]
7. Work is to be conducted from land. 115A NCAC 02H .0502 and 15A NCAC 02B.0243(8)]
8. 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. [15A NCAC 02B.0243(5)]
9. 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)]
10. 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 ora/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/Buffer Authorization 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.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 8:00am and 5:00pm, 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.
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-1611
919.707.9000

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 DENR:
William F. Lane, 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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Randy Clawson, Clawson Pile Driving, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 2 769 9-1611
919.707.9000