20170963 Ver 2_Approval Letter_20171220

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
December 20, 2017
DWR q 17-0963V2
Iredell County
Warren Greenlee
185 Bay Shore Loop
Mooresville, NC 28117
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, Bay Shore Loop, Lake Norman
Dear Mr. Greenlee,
You have our approval forthe impacts listed below forthe purpose described in your application dated October 30,
2017, and received bythe Division of Water Resources (Division) on November 14, 2017. These impacts are covered
by the Water Quality General Certification Number 4145 (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 stabilization of the existing shoreline. [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
360 sq. ft. (0.008 ac)
Dredge (previous)
8300 sq. ft. (.14 ac)
Buffer
120 sq. ft.
Shoreline length
120 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, the new owner must be given a copy of this
'Nothing Compares'.,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

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. 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. Work is to be conducted from land. 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 NCACO2B .0243 (4), (6), (8) and 15A NCAC
02H.05021
6. 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)]
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. 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/certsand permits/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 8:00am and S: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.
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 DEQ:
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,
F --V- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Bobbie Timms, CBC, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file