20131172 Ver 1_Approval Letter_20131121

Water Quality Programs
Pat McCrory Thomas A. Roeder John E. Skvarla, III
Governor Director Secretary
November 21, 2013
DWR # 13 -1172
Gaston County
James David Harkey and Charlotte Harkey
PO Box 550954
Gastonia, NC 28055
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with
Additional Conditions; Shoreline Stabilization. — Lake Point Lot 50, Lake Wylie
Dear Mr. and Ms. Harkey:
You have our approval for the impacts listed below for the purpose described in your application dated
October 28, 2013 received by the Division of Water Resources (Division) on November 6, 2013. These impacts
are covered by the Water Quality General Certification Number 3898 (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 (USACE). 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) 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 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
Open Waters - above normal pool
Amount Approved (sq., ft.)
permanent
550 (square feet) �—
Amount Approved (sq. ft.)
_ _temporary — - -�
_ _ NA
Open Waters - below normal pool
440 (square feet)
NA
Buffers — Zone
550 (square feet)
1,300 (square feet)
-1
Buffers — Zone 2
NA
200 (square feet)
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 807 -6494
Internet: www_ncw tei_quality_orq I
An Equal Opportunity 1 Affirmative Action Employer

James David Harkey
DWR # 13 -1172
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 Certification /Authorization and is responsible for complying with all conditions.
3. The Division 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 additional impacts are allowed beyond those listed above including the removal of trees and soil
disturbance except along 3 ft. or less of the immediate shoreline. Trees that are undermined from
erosion or leaning can be removed and minimal shaping and sloping of shoreline is allowed.
5. According to the Catawba Buffer Rules 15A NCAC 02B .0243, you are allowed to thin underbrush,
shrubs, and up to 50% of individual tree height to enhance a lake view provided soils are undisturbed
and as long as diffuse flow is maintained and no stems of woody vegetation larger than 3" DBH
(diameter at breast height) are removed.
6. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically
approved by the Division or must meet the Catawba Riparian Buffer Rule requirements.
7. The access corridor shall not exceed 10 ft. in width and shall be restored to its original condition prior
to the project.
8. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer.
9. Work is to be conducted by land.
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 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 150B
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 hti.p://www.ncoah.com 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 roust 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.

James David Harkey
DWR # 13 -1172
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 @ncdenry or Alan Johnson at 704 - 663 -1699 or alan.johnson @ncdenr. ov if you have any
questions or concerns.
Sincerely,
Karen HigginsqSupD so r
401 & Buffer Permitting Unit
Enclosures: GC 3898
cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
USACE Asheville Regulatory Field Office
DWR MRO 401 files — email copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 131172JamesDavidHarkeyLakePointLt50LkWylie (Gaston)_401_CRB