20201861 Ver 1_Approval Letter_20210112

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
January 12, 2021
DWR # 2020-1861
Mecklenburg County
Nathan Boyer
18353 Jonn Connor Rd.
Cornelius, NC 28031
Delivered via email to babbo, er34 amail.com
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Dredge, John Connor Rd., Lake Norman
Dear Boyer:
You have our approval for the impacts listed below for the purpose described in your
application submitted and received by the Division of Water Resources (Division) on January 5,
2021, and payment received on January 6, 2021. These impacts are covered by the attached
Water Quality General Certification Number 4145 which can be located at:
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch/general and the conditions listed below. This certification is associated with
the use of General Permit Number 30 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality
requirements provided that you adhere to the conditions listed in the enclosed certification and
to the additional conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Open Waters
2000 sq. ft. (0.05 acres)
(0 acres)
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 this Certification. If you
change your project, you must notify the Division and you may be required to submit a new
D Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources
wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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0­Om or e'wm­ta�Q"I 704,663.1699

application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC
02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Mooresville
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the permittee became aware
of the non-compliance circumstances.
Additional Conditions:
1. Stone used in stabilization shall be of a size and density sufficient to prevent movement
by wave or current action or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. The rip -rap shall be installed over filter fabric
to prevent soil erosion behind the stabilized area. This authorization shall in no way be
construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)
and 15A NCAC 02H .0506 (b)(1)]
2. 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).
3. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification 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
15A NCAC 02H .0500. Please contact Alan Johnson at 704-560-0403 or
[e-mail] if you have any questions or concerns.
Sincerely,
EA
DocuSigned by:
4110 w H Pul�ft for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: Janice Estep, CBC, email
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