20230816 Ver 1_Approval Letter_20230804

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 4, 2023
DWR # 20230816
Mecklenburg County
Richard Bywater
16429 Pinwhenny Road
Cornelius, NC 28031
Delivered via email to: [e-mail]
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
BYWATER 20231 LOT 136 GREEN DOLPHIN DRIVE I LAKE NORMAN
Mr. Bywater,
The Division has reviewed the proposed project as described in your application dated June 5, 2023,
received by the Division of Water Resources (Division) June 5, 2023. These impacts are covered by the
attached Water Quality General Certification Number 4502. This general certification is associated with
the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit Number 30.
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 or State Riparian Buffer regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are covered as described in your application. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount of Impact
Open Waters 0.103 acres
This acknowledgement is specific for the purpose and design, plans and specifications as described in
your application. 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 Letter and General Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115
D_E
Noalr+cnaouNa �/ 704.663.1699

If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Mooresville Regional Office within 24 hours (or the next business day
if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This letter is final and binding unless contested and can be contested as provided in Chapter 150B of the
North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the
North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of
the North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Amie Hoy at [e-mail] if you have any questions or concerns.
Sincerely,
CA
DocuSigned by:
444tw H P44ft
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Randy Keith, [e-mail]
Britt Thommen, [e-mail]
Doug Perez, USACE Charlotte Regulatory Field Office
Ron Eubanks, Charlotte -Mecklenburg Storm Water Services
DWR 401 & Buffer Permitting Unit file (LaserFiche)
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115
NOMlH naouninD_E l 704.663.1699

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
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
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. 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 Certification
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
Date:
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
Registration No. Date
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NOMlH naouninD E f 704.663.1699