20171394 Ver 1_Approval Letter_20171113

Water Resources
Environmental Quality
13 November 2017
Allen Behr
10300 Sweet leaf Place
Charlotte, NC 28278
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR q 17-1394
Mecklenburg County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Waterthrush Ln., Lake Wylie
Dear Mr. Behr,
You have our approval for the impacts listed below for the purpose described in your application dated October
20, 2017 and received by the Division of Water Resources (Division) on October 30, 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:
1. 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. Please note that this approval is for the repair and stabilization of the
existing shoreline. 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
567 sq. ft. (0.01 ac)
Buffer
945 sq. ft.
(includes access)
Shoreline length
189 ft.
-:-- 'Nothing Compares`,,
State of North Carolina I Environmental Quality
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919-707-9000

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, 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)]
5. 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)]
6. Work is to be conducted from land. [15A NCAC 02H .0502 and 15A NCAC 02B.0243(8)]
7. 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)]
8. 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)]
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•//portal ncdenr.org/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 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 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: Kim Broome, Dock Masters, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file