20191621 Ver 1_Approval Letter_20191217

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
December 17, 2019
DWR # 19-1621
Stanly County
Dale Mackey
7623 Pleasant Hill Ch. Rd.
Marshville, NC 28103
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, Old Timer Way, Lake Tillery
Dear Mr. Mackey,
You have our approval for the impacts listed below for the purpose described in your application dated
November 5, 2019, and received by the Division of Water Resources (Division) on November 25, 2019.
These impacts are covered by the Water Quality General Certification Number 4098 (attached) 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 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 but this approval does not allow any extension of the shoreline into the lake. 15A
NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters — below normal pool
300 sq. ft. (0.006 ac)
Open Waters — above normal pool
600 sq. ft.
Shoreline Length
150 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. If you
change your project, you must notify the Division and you may be required to submit a new
DE 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 CAROLINA
o.namremor �w.c�giuuei� /`� 704.663.1699

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 and is responsible for complying with all
conditions. [15A NCAC 02H .0506]
3) 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)]
4) To the extent practicable, a vegetated strip (trees) along the shoreline should remain to mediate
storm water runoff to the lake.
5) All staging, including spoil, stockpile and construction material, should occur away from the
shoreline to prevent incidental impacts to water quality.
6) All stormwater should be directed as diffuse or sheet flow (not piped) at non -erosive velocities
and should not re -concentrate before discharging into the lake.
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
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/certsandPermits/apply/forms) or see attached.
[15A NCAC 02H .0507 (c)]
This approval and its conditions are final and binding unless contested.
This Certification 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. Please
contact Alan Johnson at 704-663-1699 or [e-mail] if you have any questions or
concerns.
Sincerely,
EA
DocuSigned by:
4-0 w H P44-t4 for
F161 F969AMUAI..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

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