20121143 Ver 1_Approval Letter_20130114

NCDEENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Lavern Rabb
17338 Wavecrest Ct.
Cornelius, NC 28031
Division of Water Quality
Charles Wakild, P. E.
Director
Subject Property: Shoreline Stabilization, Lavern Rabb Lot 1
(17338 Wavecrest Ct. Lake Norman)
John E. Skvarla, III
Secretary
January 14, 2013
DWQ# 12 -1143
Mecklenburg County
Approval of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian
Buffer Rule (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Rabb:
You have our approval, in accordance with the general certification and those conditions listed
below, to place fill in or to otherwise impact/stabilize the following as described in your application dated
December 27, 2012.
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3898 covers the impacts (a copy can be found at:
http://portal.ncdenr.org/web/wg/swp/ws/40 1. This Certification allows you to use Regional General
Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter
shall also serve as your approved Authorization Certificate for impacts to the protected riparian buffers
per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Erosion and Sediment Control, Non - Discharge, Duke Power, and Water Supply Watershed
regulations.
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX [phone]
Internet www.nrwaterouality ora
An Equal Opportunity 1 Affirmative Achon Employer
NorthCarolina
Nahma!!tf
Amount Approved (Units)
Plan Location or Reference
Shoreline
85 feet
40' Alan block 45' boulders
404 /CAMA Wetlands
(acres)
Waters
s uare ft.
Buffers — Zone 1
425 (square ft.
Per application
Buffers- Zone 2
(square ft.)
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3898 covers the impacts (a copy can be found at:
http://portal.ncdenr.org/web/wg/swp/ws/40 1. This Certification allows you to use Regional General
Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter
shall also serve as your approved Authorization Certificate for impacts to the protected riparian buffers
per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Erosion and Sediment Control, Non - Discharge, Duke Power, and Water Supply Watershed
regulations.
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX [phone]
Internet www.nrwaterouality ora
An Equal Opportunity 1 Affirmative Achon Employer
NorthCarolina
Nahma!!tf

The above noted Certification will expire when the associated USACOE's 404 permit expires
unless otherwise specified in the General Certification. This approval is for the purpose and design that
you described in your application. If you change your project, you must notify this office and you may be
required to submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions.
This approval requires you to follow the conditions listed in the attached Certification and any
additional conditions listed below.
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil
disturbance, except along the immediate shoreline (< 3 ft). Minimal shaping/sloping of shoreline
allowed.
3. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by DWQ or meet the Catawba Riparian Buffer Rule requirements.
4. The access corridor shall not exceed 10 ft in width and shall be restored to its original condition prior
to the project. (No removal of trees proposed)
5. All staging shall including spoil and construction material shall occur outside of the buffer.
6. Work will be conducted by land.
7. All stormwater shall be directed as diffuse /sheet flow (not piped) at non - erosive velocities through the
protected lake /stream buffer and will not re- concentrate before discharging into the lake /stream as
identified within 15A NCAC 2B .0243(5).
8. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent
approved modifications, the applicant is required to return the attached Certificate of Completion
form to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification
(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes, to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This Certification and its
conditions are final and binding unless you ask for a hearing.
DWQ 2112 -1143

Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's
decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Catawba Riparian Buffer Rule as described within 15A NCAC 2B .0243. If you have
any questions, please telephone Michael Burkhard at 704 - 663 -1699.
Sincerely,
for Charles Wakild, P.E.
Enclosure
cc: Karen Higgins, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
CBC
DWQ 2112 -1143