20210817 Ver 1_Approval Letter_20210617

June 17, 2021

DWR # 21-0817
Mecklenburg County

Matthew Noreika
20906 Rio Oro Drive
Cornelius, NC 28031

Delivered via email to [e-mail]

Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, 20906 Rio Oro Dr., Lake Norman

Dear Mr. Noreika,

You have our approval for the impacts listed below for the purpose described in your application
submitted on May 25, 2021, and fee received by the Division of Water Resources (Division) on May 27,
2021 and subsequent information submitted on June 17, 2021. 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 (dredge) 435.6 sq. ft. (0.01 acres)
Buffer 0 sq. ft.
Shoreline length 73 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 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 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. 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)]

8. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]

9. Work is to be conducted from land and/or from water by barge. [15A NCAC 02H .0502
and 15A NCAC 02B .0243(8)]

10. 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)]

11. 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

12. 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. [G.S. 143-215.5].
If you are unable to comply with any of the conditions 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 the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0614]. 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.
This authorization 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 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 Doug Perez at 704-
743-6872 or [e-mail] if you have any questions or concerns.

Sincerely,

W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office

Enclosures

cc: Tamara Hager, LKN Dredge & Marine Construction, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

for

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_____________