20141217 Ver 1_Approval Letter_20141202

A F-KWA
mp
NCDENR
North Carolina Department nf Environment and Natural Resources
Pat McCrory
Governor
December 2, 2014
Sean and Mimi Gallagher
181 West Statesville Avenue
Mooresville, NC281I5
John E, Sku8rl@'IU
Secretary
DVWR#14-1217
iredell County
Subject- Approval nf4O1 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, 645 Kemp Road, Lot
1616, Mooresville, |redeOCommty, Lake Norman
Dear Mr. and Ms. Gallagher,
You have our approval for the impacts listed below for the purpose described in your application dated
November 10, 2014 and received by the Division of Water Resources (Division) on November 24, 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 aind expires on the same
day. Please mote 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 app,roved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are nneL No other impacts are
approved, including incidental impacts. Please note that this approval is for the repair and
stabilization of the existing shoreline but this approval does not allow any extension of
the shoreline into the lake. [15A N[ACU2H .0506/b\, 15A NCAC 02H .0507(c) and 15A
NCAC 02B.0243(8):]
Division of Water Resources -401& Buffer Permitting Unit
107 Mail Service Center, Raleigh, North Carolina 27O881O1T
Location: 512N. Salisbury St. Raleigh, North Carolina 276O4
Phone: 819-8O7-630W\ FAX: AYM07-64Q4
|ntemmi�vmmw.nowatenqwmNty.ong
An Equal Opportunity, Affirmative Actiop Employer — Made m pan by recycled paper

Sean and Mimi Gallagher
uWvnz+xJz7
401/nupFsnAppnRvAL
Page omfs
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
Certificat(VnA\uthoriza1ionand is responsible for complying with all conditions. [15AN[A[
O2H.O506 and 15A NCACO2B.O243(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. [15A NCAC 02H .0502 (e)]
4. Only those trees that are undermined or leaning can beremoved. Minimal shaping and
sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
S. You are allowed to thin underbrush, shrubs, and limbs up to 50% of individual tree height
to enhance a lake view provided that soils are undisturbed, diffuse flow is maintained
and that no stems of woody vegetation larger than 3" DBH (diameter at breast height)
are removed. [15ANCACO2B.0243(G)]
6. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division and must meet the [m1avvba 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)]
8. All staging, including spoil, stockpile and construction material, shall occur outside of the
9. Work isto be conducted from land. [15A NCACO2H .0502 and 15A NCACO2B .0243(8)]
10, All stonnwater 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 NCACO2B .8243(5)]
11. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR4O1 and Buffer Permitting Unit within ten days ofproject cnnnpKet&zm.
(available at: )0rsee
attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(8)]
This approval and its conditions are final and binding unless contested.
This Certificatien/8uffe*4othorization can be contested as provided in Articles 3 and 4 of General Statute
1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known asQAH). A petition form may be obtained from the OAHat or by
calling the 0AH Clerk's Office at(919) 431-3000 for information.

Sean and Mimi Gallagher
ovvn#14-zzz,
481/oUppEnAppnDvAL
Page 3of3
VVbhhn sixty (60) calendar days of receipt of this notice, e petition must be filed with the OAH, A petition is
considered filed when the original and one (1) copy along with any appi6cab|eO4H filing fee is received in
the (JAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state hnHdays).
The petition may be faxed tm the 0AHat(919)431-31OO provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAN within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
if sending via &5 Postal Service: If sending via delivery service (UPS, FedEx.etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center I711 New Hope Church Road
Raleigh, 0C27G99-6714 Raleigh, N[276O9-8ZD5
One /1> copy of the petition must also be served toQENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC27699-16O1
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in15AN[A[0lB .0243. Please contact Shelton Sullivan at929-BO7-6361
or if you have any questions orconcerns,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH/so
Enclosures: G[ 3898; Certification of Completion Form
cc: Phil Rote||a,&akeVisiqn Development, |nc,2242Lomgcove{2,SherN|s Ford, NC2@673
Duke Energy Lake Services, P0 Box 1006, Charlotte, NC28201-1O0G
USA[E Asheville Regulatory Field Office
DWRMRO file copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 141217SeanAndMimiGallagherLotl6lKempRd645Moores,villeLkNorman(iredell)_401_CRB