20061518 Ver 2_Approval Letter_20191127

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Jeff Kirkby
3995 Blue Dory Ln.
Denver, NC 28037
NORTH CAROLINA
Environmental Quality
November 27, 2019
DWR # 06-1518V2
Lincoln County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Blue Dory Ln., Lake Norman
Dear Mr. Kirkby,
You have our approval for the impacts listed below for the purpose described in your application dated
October 30, 2019, and received bythe Division of Water Resources (Division) on November 6, 2019. 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 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
300 sq. ft. (0.006 ac)
Buffer
100 sq. ft.
Shoreline length
100 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,
NORTH CAROHNA �
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
o.namremor �w.cgiuuei� /`� 704.663.1699

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 priorto the project. All staging, including spoil, stockpile and construction materials,
shall occur outside of the buffer [15A NCAC 02B .0243 (4), (6), (8) and 15A NCAC 02H .0502]
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 permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or holiday)
from the time the applicant became aware of the circumstances. A written submission shall
also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case -by -
case basis. 15A NCAC 02B .0200
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:
Bill 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,
EA
DocuSigned by:
fw� H P44-.t4 for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Chad Broadway, Duke Energy, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file