20201298 Ver 1_Approval Letter_20201208

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mark Zich
1338 Misty Lane
Hickory, NC 28601
NORTH CAROLINA
Environmental Quality
December 8, 2019
DWR # 20-1298
Catawba County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Remediation, 1338 Misty Lane, Lake Hickory
Dear Mr. Zich,
You have our approval for the impacts listed below for the purpose described in your application
submitted on November 5, 2020, and fee received by the Division of Water Resources (Division) on
November 11, 2020, and subsequent information submitted on December 4, 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/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
02B .0614 (9)]
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters
200 sq. ft. (0.004 ac)
Buffer
0 sq. ft. (shoreline)
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,
the new owner must be given a copy of this approval letter and Certification/Buffer
D E 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
m )ry rN cxl4o:. i
o•o•° •m" E""w"�"WQa A� /� 704.663.1699

Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0506 and
15A NCAC 02B .0614 (9)]
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 .0614
(7), (10), (9) and 15A NCAC 02H .0502]
4. 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 .0614(8)]
5. 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)]
6. 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
7. 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 .0614(9)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office
of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are
set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].

One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. 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 .0614. Please contact Alan Johnson at
704-663-1699 or [e-mail] if you have any questions or concerns.
Sincerely,
EA
DocuSigned by:
4-. w ii P for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosure
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:
County:
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:
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