20150356 Ver 3_Approval Letter_20191212

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Steven Hinshaw
419 South Sharon Amity Rd.
Charlotte, NC 28211
NORTH CAROLINA
Environmental Quality
December 12, 2019
DWR # 15-0356 V3
Gaston County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Seven Oaks Marina, Dredging, Unapproved Impacts,
Shoreline Stabilization, Lake Wylie
Dear Mr. Hinshaw,
You have our approval for the impacts listed below for the purpose described in your application dated
October 14, 2019, and received by the Division of Water Resources (Division) on November 12, 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. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters (Stabilization)
1,740 sq. ft. (0.04 ac)
(Dredge)
(Bulkhead/Ramp)
1,789 sq. ft. (0.04 ac)
Buffer (Stabilization)
1160 sq. ft.
(Access drive)
1820 sq. ft.
(boardwalk)
1487 sq. ft.
(Enhancement)
15,727 sq. ft.
Shoreline length
762 ft.
D Q North 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
NORTH CAROHNA �
o.namremor �w.c�giuuei� /`� 704.663.1699

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. Due to unapproved impacts in the buffer, the buffer will be enhanced as partial
mitigation/remediation (planting plan approved by DWR). At least 38 native species trees,
(properly spaced as discussed with staff 12/05/2019), 8 ft. in height, and 3 inches in diameter
at breast height shall be planted throughout the impacted buffer area. Mulch, at least 6
inches in depth, shall be placed in and throughout the impacted buffer area. The buffer will
be allowed to return to a more natural state. It is anticipated that this work will be completed
by March 31, 2020. Photos shall be provided upon completion.
4. The trees shall be monitored for two years. Should they fail to thrive, they shall be replaced
and the replacement trees shall be monitored in a similar manner. Photos shall be provided
upon completion of the monitoring period.
5. 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)]
6. Work is to be conducted from land/barge. 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 (4), (6), (8) and 15A NCAC 02H .0502]
7. Any stormwater runoff 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. A grate/diversion/catchment shall be utilized at the 30 ft. demarcation to
prevent storm water runoff from the access drive to enter the lake. Details shall be provided
prior to construction. [15A NCAC 02B .0243(5)]
8. Mitigation: Compensatory Mitigation Using the Division of Mitigation Services (DMS)
Mitigation must be provided for the proposed impacts as specified in the table below. This
has been determined by the DWR to be a suitable method to meet the mitigation
requirement. Until the DMS receives and clears your check (made payable to: DENR —
Division of Mitigation Services), this approval shall not be valid. The DMS should be
contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this authorization to make this
payment. For accounting purposes, this Authorization authorizes payment into the Buffer
Restoration Fund to meet the following compensatory mitigation requirement:

Compensatory
Mitigation Required
Reference
Mitigation
Zone 1 Buffers
19,547 (square feet)
Catawba 03050101
19367 (square feet)
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 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
11. 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: 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:
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:
#-. w"P:" for
F161 F969AMUA3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Jim Heller, Carolina Land Solutions, [e-mail]
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

15-0356V3
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, NW Lake Wylie, LLC has permission as outlined
below to impact 19367 square feet of Zone 1 of the Catawba Riparian Buffer in order to
proceed with the development of the Seven Oaks Marina in Gaston County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed
in the attached certification. THIS CERTIFICATION/AUTHORIZATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
19367 sq. ft. of Buffer
New Hope Road
Gaston
Catawba (03050101)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one -quarter acre increments
according
to 15 2r .0503(b).
Mitigation:
19367 sq. ft. of Zone 1 (1:1 ratio, Catawba Riparian Buffer)
Mitigation:
19367 sq. ft. of Zone 1 buffer by the DMS required for the 401 Water Quality Certification/Buffer
Authorization. In correspondence dated December 6, 2019 the DMS indicated that up to 19367
linear feet of stream mitigation would be conducted by DMS if available within the cataloging
unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date