20141173 Ver 1_Approval Letter_20141118

NCDENR
North Cnrn|'Da Department of Environment and 08tU0@| Resources
Pat McCrory
Governor
November 18,2014
Howard Monteith
1118 Technology Drive °A"
Indian Trail, NC2DO79
John E. SkVan@' III
Secretary
DWK#14-1173
Gaston County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, Reflection Pointe Lot
121, Belmont, Lake Wylie
Dear Mr. Monteith:
You have our approval for the impacts listed below for the purpose described in your application dated
October 28, 2014 and received by the Division of Water Resources (Division) on November 10, 2014. 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 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, oon-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 ofthe Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. Please note that this approval |s for the repair and
stabilization of the existing shoreline but this approval does not allow any extension of
the shoreline into the lake. [I5A NCA[OZH .0506(b), 15A NCACO2H .0507(c) and 15A
NCAC 02B.0243(8)]
Division of Water Resources -4O1& Buffer Ponil Unit
1817 Mail Service Center, Raleigh, North Carolina 270BQ-1017
Lomadon�512N, Salisbury St. h. North Carolina 27604
PUone�O18-8O7-630O\ FAX: 01A-807-64Q4
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An Equal Opporl 1, Affirmative Action Employer — Made in part by recycled paper

Howard Monteith
ownwz4o73
401/eUFpsnAppxUm^L
Page 2vf3
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. [15A W[4C
02H .0506 and 15AN[ACO28 .8243(8)]
3. The Division Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville,
N[ 28115) shall be notified in writing once construction at the approved impact areas has
commenced. [I5AN[AC8ZH.D5OZ(e)]
4. Only those trees that are undermined or leaning can be removed. &qiu|rnm[ shaping and
sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
5. According to the Catawba Buffer Rules, you are allowed t# thin underbrush, shrubs, and
limbs uptp5O%nf individual tree height tmenhance a lake view provided that soils are
undisturbed, diffuse flow is maintained and that no stems of woody vegetation larger
than 3"D8H (diameter at breast height) are removed. [15ANCACO2B.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 ft. in width and shall be restored to its original
condition prior to the project. [15A NCAC 02B .0243(6)]
0. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer. [15A NCAC 02B4O243(4)]
9. Work is to be conducted from land as indicated im your application. [15A NCAC 02H .0502
and 15A NCAC 02B.0243(8)]
10. All stonmmate/dhaO 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. [15ANCA[02B .0243(5)]
11. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR40I and Buffer Permitting Unit within ten days of project completion,
(available at: ) 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.
This Cer-tification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
1SOB by filing a written petition for an administrative hearing to the Office of Administrative Hearings

*oward Monteith
oWRwz4azra
4011sUrpsnxppnOwxL
Page Jof3
(hereby known asO4H). Ape1ihon form may be obtained from the OAH at or by
calling the OAH Clerk's Office at [phone] for information,
Within sixty /6O\ca|endar days ofreceipt 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 8600am and 5:00pnn, excluding
official state holidays).
The petition may be faxed no the OAH at(B19) 431-31O8 provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the QANvvithin five (5) business days following the
faxed transmission,
Mailing address for the OAH:
Ap sending via UI Postal Service: If sending via delivery service (UPS, Fedfx,etc):
Office of Administrative Hearings Office nf Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, N[27699'6714 Raleigh, NCI76O9-628S
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1G01 Mail Service Center
Raleigh, N[Z7699-26O1
This letter completes the review of the Division under section, 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described im15ANCA[O28.O243. Please contact Shelton Sullivan at919-887~6363
or if you have any questions orconcerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
Enclosures: GC 3898; Certification mf Completion Form
cc: Randy Jordan, Lake Permits Plus, 9427[u|cairn Road, HuntereviKe,N[28078
Duke Energy Lake Services, PO Box 1OOG, Charlotte, N[Z8IO1-1O0G
U5A[E Asheville Regulatory Field Office
QVVRK4RU- file copy
DWVR4D20^ Buffer Permitting Unit — file copy