20200454 Ver 1_Approval Letter_20200507

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
John & Christine Miller
187 Chandeleur Dr.
Mooresville, NC 28117
NORTH CAROLINA
Environmental Quality
May 7, 2020
DWR # 20-0454
Iredell County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, 171 Binns Road,
Lake Norman
Dear Mr. Miller,
You have our approval for the impacts listed below for the purpose described in your application
dated April 6, 2020, and received by the Division of Water Resources (Division) on April 6, 2020.
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. Unapproved Buffer Impact. Prior to construction/commencement of work, the
trees proposed for planting shall be onsite prior to initiation of work. Upon
completion of the work, the tree shall be planted and no later than October 30, 2020.
Documentation and/or photo(s) shall be submitted to the Mooresville Regional Office,
that the approved vegetation is on site and when the planting is completed.
Based on calculations for 204 ft. of shoreline the required number of trees is thirty-
seven (37). We have been informed that twelve (12) trees remain inside the buffer,
therefore twenty-five (25) trees are required to be planted throughout the entirety of
the 30 ft. buffer. This is measured from full pond elevation. The trees shall be a
random selection of native species trees (pine, oak, maple, river birch, dogwood,
sycamore, redbud, etc.). Also, the buffer shall remain and returned to a
D E QbiAi 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
vOry rN Cx:40:.itiA �
N.—Io E".w^^�"WQa A� /� 704.663.1699

native/natural ground cover of pine straw and shredded mulch approximately 8
inches in depth.
2. 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
816 sq. ft. (0.016 ac)
Buffer
408 sq. ft.
Shoreline length
204 ft.
3. 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)]
4. NO additional trees may be removed. 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)]
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. 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. 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 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
10. 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
8:00am and 5:00pm, 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:
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,
EDocuSigned by:
�r0 , f/ P44-ft for
F161 F969AMUAI..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosure
cc: Phillip Rotella, Lake Vision Development, office@ la kevisiondevelopment.com
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