20030008 Ver 2_Approval Letter_20130308

AVi-RAMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Phillip Hurst
4246 Sigmon Cove Ln
Terrell, NC 28628
Division of Water Quality
Charles Wakild, P E
Director
Subject Property: Shoreline Stabilization, Phillip Hurst Lot 31
(444 Bay Harbour Rd Lake Norman)
John E Skvarla, III
Secretary
March 8, 2013
DWQ# 03 -0008 V2
Iredell 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 Hurst
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 February 22, 2013
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 /wq /swp /ws /401.) 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 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX [phone]
Internet www ncwatercluality org
An Equal Opportumly 1 Affirmative Action Employer
NorthCarolina
;Vaturalltf
Amount Approved (Units)
Plan Location or Reference
Shoreline
88 (feet)
Block Wall
404 /CAMA Wetlands
(acres)
Waters
(square ft )
Buffers — Zone 1
440 (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 /wq /swp /ws /401.) 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 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX [phone]
Internet www ncwatercluality org
An Equal Opportumly 1 Affirmative Action Employer
NorthCarolina
;Vaturalltf

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
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 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# 03 -0008 V2

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# 03 -0008 V2