20141245 Ver 1_Approval Letter_20141223

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North Carolina Department of Environment and Natural
Pat McCrory
Governor
Mr. Drew Beam
1325 Vista Drive
Shelby, NC 28150
J
Resources
John E. Skvada, III
Secretary
December 23, 2014
DWR# 14-1245
Cleveland County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Moss Lake Dredging
Dear Mr. Beam:
You have our approval, in accordance with the general certification and those conditions
listed below, for the purpose proposed in your application dated December 15, 2014, and received
by the Division of Water Resources (the Division) on December 11, 2014. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification
Number 3898, which can be viewed on our web site at http://aortal ncdenr.org/web/wo/swo/ws/401.
The General Certification allows you to use General Regional 30 once it Is Issued to you by the
U S Army Corps of Engineers (COE). Please note that you should get any other 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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified In the General Certification In addition to the requirements of the certification,
you must also comply with the following conditions.
1 The Mooresville Regional Office shall be notified in writing once construction at the approved
Impact areas has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Open Water -Dredging
12.95 acres
0 acre
Wetland
0 acre.
0 acre
3. This approval is only valid for the purpose and design that you described in your application
(Sheet C2.00) and as recommend/suggested in the field If you change your project, you must
notify us in writing, and you may be required to send us a new application for a new
certification. If the property Is sold, the new owner must be given a copy of the Certification
and approval letter; and is thereby responsible for complying with all conditions.
1617 Mall Service Center, Raleigh, North Carolina 27699-1650
Phone, 919A07-63001 Internet www nodenr.gov
M Equal opportunity I MlrmeWe Rctloo Employer- Made In put by recycled paper

4. Turbidity curtains and other measures shall be utilized to reduce sediment loss and turbidity.
Bare slopes located on interior/exterior slopes of sediment basins, diversion ditches and similar
measures shall be matted/protected [15A NCAC 02H .0506 (b)(3) and (c)(3)]
5 Stream flow should be diverted to reduce loss of sediment and reduced turbidity around the
dredging area if practicable.
6. The dredged side slopes should be shaped to prevent incision and further sloughing of the banks
upon completion of the project. These slopes may require matting for stabilization.
7. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If nprap is necessary, it
shall not be placed in the streambed, unless approved by DWR.
8. No sediment and erosion control measures, nor waste, spoil, solids, and/or fill of any kind shall be
placed in wetlands, waters, or riparian areas beyond the footprint of the impacts shown in this
approved PreConstruction Notification application. [15A NCAC 02H .05001
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate
of Completion" form to the 401 M/etlands Unit of the Division
10. Continuing Compliance The applicant (Drew Beam) shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and
federal law. If the Division determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated,
or that further conditions are necessary to assure compliance, the Division may reevaluate and
modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H 0507(d). Before codifying the
certification, the Division shall notify the applicant and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing
in accordance with 15A NCAC 2H.0504 Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference
in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the protect
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
htta-//www.ncoah.com/or by calling the OAH Clerk's Office at [phone]
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, 8-00 am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
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. Mailing address for the OAH:

9
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 Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DENR as follows -
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Attachments
cc. Army Corps of Engineers, Asheville
-Karen-Higgins; Wetlands Unit
Dennis Terry- email
MRO, Land Quality
Sincerely,
ov�
forThomasA Reeder
J

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. 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 Certrfwation
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:
Agent's Certification
Date:
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:
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
Date
Registration No

Pat McCrory
Governor
WDENR
North Carolina Department of Environment and Natural
November 20, 2014
Resources
John E. Skvarla, III
Secretary
Division of Coastal Management 4
MEMORANDUM:
TO: Chad Coburn 3 ( NOV 2 0 2014
401 Wetlands--
DWR - WiRO
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier
SUBJECT: CAMA / Dredge & Fill Application Review D � O w m
KDEC3Applicant: Dockside Restaurant & Bar WB, LLC 2014
DENR - WATER RESOURCE
Project Location: 1308 Airlie Rd., adjacent to the A/WW, in Wilmington, New ao, a euF�veR,.,TITnN
Proposed Project: to replace the existing bulkhead, construct additional buildings, and reconfigure
the existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by December 14, 2014.
If you have any questions regarding the proposed project, contact Robb Mairs at [phone]
when appropriate, in depth comments with supporting data Is requested.
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REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described In the attached comments.
SIGNED DATE 10---t-
7
N C Division of Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 29405
Phone- 910-796-72151 FAX- 910-395-3964 Internet www nocoastalmanacement net
An Equal Oppotltxety IAlflnnatve Acton Employer