20150073 Ver 1_Approval Letter_20150129

A &A � t/
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Scott Clark
8218 Crushing Street
Raleigh, NC 27612
Donald van der Vaart
Secretary
January 29, 2015
DWR # 15 -0073
Stanly County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Shoreline Stabilization, 49271 Swift Water Road, Lake Tillery
Dear Mr. Clark,
You have our approval for the impacts listed below for the purpose described in your application
dated December 24, 2014, and received by the Division of Water Resources (Division) on January
20, 2015. These impacts are covered by the Water Quality General Certification Number 3898
(attached) 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 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, 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 approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
and 15A NCAC 02B .0243(8)]
Type of Impact
Amount Approved (sq. ft.)
permanent
Open Waters — dredge
300 sq. ft.
Open Waters — above normal pool
0 sq. ft.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone- 704 -663 -16991 Fax [phone]/Customer Service 1 -877 -623 -6748
Internet, www ncdenr.gov
An Equal Opportunity 1 Afrrmahve Action Emp"r— Made in part by recycled paper

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/Authonzation. 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 NCAC 02H.0506 and 15A NCAC 02B.0243(8)]
3. The Division's 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. [15A NCAC 02H.0502 (e)]
4. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of
project com (available at: http: / /Portal.ncdenr.org /web /wq /sn /ws /401/
certsandpermits /apply /fonnsl 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 Certification 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 http: / /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 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:OOam and 5:OOpm, 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.
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:
John Evans, 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. Please
contact Alan Johnson at 704 - 663 -1699 or alan.iohnsonnncdner.gov for questions or concerns.
Sincerely,
G
Michael L. Pazker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc* Army Corps, Asheville Office
DWR 401 & Buffer Permitting Unit — file copy
Brown's Construction, 104 Dogwood Lane, Mt. Gilead, NC 27306