20130866 Ver 1_Approval Letter_20130912

Mr. Lewis W. Miller, Jr.
8804 Ashby Point Court
NCDENR
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
September, 12 2013
John E. Skvarla, III
Secretary
DWR # 13 -0866
Catawba County
Sherrills Ford, North Carolina 28673
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with
Additional Conditions; Shoreline Stabilization — 8804 Ashby Point Ct, Lot 306 Northview
Harbour
Dear Mr. Miller:
You have our approval for the impacts listed below for the purpose described in your application dated August
8, 2013, received by the Division of Water Resources on August 15, 2013. These impacts are covered by the
Water Quality General Certification Number 3898 (attached), Catawba Buffer Rules and the conditions listed
below. This certification is associated with the use of Regional Permit Number 198200030 issued by the U.S.
Army Corps of Engineers. 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) Sediment and
Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and
the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification and Buffer Rules are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Open Waters
90 (square feet)
NA (square feet)
Above Normal Pool
Open Waters
270 (square feet)
NA (square feet)
Below Normal Pool
Buffers —Zone 1
90 (square feet)
NA (square feet)
Wetlands, Buffers, Streams - Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6494
Internet: www ncwaterg_ualitv,org )
An Equal Opportunity 1 Affirmative Action Employer

Lewis W. Miller, Jr.
DWR # 13 -0866
401 /Buffer APPROVAL
Page 2 of 3
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 /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 General Certifications) /Authorization and is responsible for complying with all
conditions.
3. The 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.
4. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil
disturbance, except along the immediate shoreline (less than 3 ft.) as described in your application.
Minimal shaping /sloping of shoreline is allowed.
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically
approved by the Division or meet the Catawba Riparian Buffer Rule requirements.
6. The access corridor shall not exceed 10 ft. in width and shall be restored to its original condition prior
to the project.
7. All staging shall including spoil and construction material shall occur outside of the buffer.
8. Work is to be conducted by barge with long -reach excavator.
9. All stormwater shall be directed as diffuse /sheet flow (not piped) at non - erosive velocities through the
protected lake buffer and will not re- concentrate before discharging into the lake as identified within
15A NCAC 02B.0243(5).
This approval and its conditions are final and binding unless contested.
This Certification /Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506
by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at htto : / /www.ncogh.comz or by calling the
OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the
OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
f/,;c , ,

Lewis W. Miller, Jr.
DWR # 13 -0866
401 /Buffer APPROVAL
Page 3 of 3
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 Shelton Sullivan at 919 - 807 -6361 or
shelton.sullivan @ ncdenr.Rov_ or Alan Johnson at 704 - 663 -1699 or alan Johnson @nccl nr. ov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Sup ervis
Wetlands, Buffers, Strea
Compliance & Permitting Unit
Enclosures: GC 3898
cc: Chip Bridges — CBC, 638 Oakridge Farm Hwy, Mooresville, NC 28115 - pdf email copy
USACE Asheville Regulatory Field Office
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
DWR MRO 401 files — pdf email copy
DWR Webscape Unit — file copy
Filename: 130866LewisWMiller1r8804AshbyPtCt (Catawba)_401_CRB