20150021 Ver 1_Approval Letter_20150123

NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
January 23, 2015
Natural Resources
Donald van der Vaart
Secretary
DWR N 15 -0021
Cleveland County
Mr. Kevin James
143 Lakemont Drive
Shelby, NC 28150
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Shoreline Stabilization, 143 Dogwood Shores, Moss Lake
Dear Mr. James,
You have our approval for the impacts listed below for the purpose described in your application dated
December 29, 2014 and received by the Division of Water Resources (Division) on November 25, 2014, with
additional information received on January 5, 2015. These impacts are covered by 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. 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. Please note that this approval is for the repair and
stabilization of the existing shoreline. This approval does not allow for any extension of
the shoreline into the subject lake. [15A NCAC O2H .0506(b), 15A NCAC 02H 0507(c) and
15A NCAC 02B.0243(8))
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters — below normal pool
280 sq. ft.
Open Waters — above normal pool
560 sq. ft.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresvi lle, North Carolina 28115
Phone- 704-663 -1699 / Fax. [phone]Customer Service 1 -877- 623 -6748
Internet, www nodenr gov
An Equal Opportunity 1 AfRnnabve Acton Employer— Made in part by recycled paper

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 NCAC
02H .0506 and 15A NCAC 02B .0243(8)]
3. All storm water should be directed as diffuse flow at non - erosive velocities through and will
not re- concentrate before discharging into the lake /stream as identified.
4. Impacts along the shoreline should be kept to a minimum and the natural habitat preserved
to the maximum extent practicable.
5 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)]
6. 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 completion.
(COC available at: http / /portal ncdenr ore/ web /wg /swp /ws/ 401 /certsandpermits /apply /forms)
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 8-00am and S: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
Shelton Sullivan at 919 - 807 -6361 or shelton.sullivan @ncdenr.gov if you have any questions or concerns.
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc* Army Corps, Asheville Office
DWR 401 & Buffer Permitting Unit —file copy