20201430 Ver 1_Approval Letter_20201203

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ROY COOPER
Governor y � 111
MICHAEL S.REGAN
Secretary + :="
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 3, 2020
DWR#20-1430
Iredell County
Five Ever Home LLC
Joseph Logano
9911 Rose Commons Dr., Suite E-15
Huntersville, NC 28078
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, 166 Rainbow Lane, Lake Norman
Dear Mr. Logano,
You have our approval for the impacts listed below for the purpose described in your application
submitted on November 12, 2020, and fee received by the Division of Water Resources (Division) on
November 13, 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. 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. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact Amount Approved (sq.ft.) permanent
Open Waters—Below Full Pond 3200 sq.ft. (0.07 acres)
Open Waters- Dredge 662 sq.ft. (0.015 acres)
Buffer 800 sq.ft.
Shoreline length 500 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
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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. 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. All spoil shall be disposed of at the designated area shown in the application. The
disposal area shall be in accordance with, and in full compliance with, G.S. Chapter 113A
Article 4 (Sediment and Pollution Control Act of 1973).
5. NO trees are proposed for removal. [15A NCAC 02B .0243(6)]
6. 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)]
7. You are allowed to thin underbrush,shrubs, and limbs up to 50%of individual tree height
to enhance a lake view provided that soils are undisturbed,diffuse flow is maintained and
that no stems of woody vegetation larger than 3" DBH (diameter at breast height) are
removed. [15A NCAC 02B .0243(6)]
8. Any access corridor shall not exceed 10 feet in width and shall be restored to its original
condition prior to the project. [15A NCAC 02B .0243(6)]
9. All staging, including spoil,stockpile and construction materials,shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
10. Work is to be conducted from land and from water by barge. [15A NCAC 02H .0502 and
15A NCAC 02B .0243(8)]
11. 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)]
12. 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]

13. 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(919)431-3100, 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,
DocuSigned by:
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W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosure

cc: Donna P. Hrko, Lancaster's Custom Dock and Lift System, Inc., email
DWR MRO -file copy
DWR 401 & Buffer Permitting Branch file

CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
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: Date:
Agent'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: Date:
Engineer's Certification
Partial Final
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