20151195 Ver 1_Approval Letter_20151204

Water Resources
ENVIRONMENTAL QUALITY
December 4, 2015
Florence Nazario
208 South Harbor Watch Dr.
Statesville, NC 28677
PAT MCCRORY
DONALD R. VAN DER VAART
Secretnry
S. JAY ZIMMERMAN
Director
DWR # 15-1195
Iredell County
Subject:, Variance Approval, Catawba Riparian Buffer Authorization with Additional Conditions;
Personal Transport Tram System, Lake Norman
Dear Ms. Nazario,
You have our approval for the impacts listed below for the purpose described in your variance application
dated October 30, 2015, and received by the Division of Water Resources (Division) on November 5, 2015.
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 be in accordance with the Catawba Riparian Buffer. Rule and the conditions
below:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Authorizations 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
0 sq. ft.
Buffer
300 sq. ft. (temporary)
(< 10 sq. ft permanent)
Shoreline length
0 ft.
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 Buffer
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 Buffer Authorization
and is responsible for complying with all conditions. [15A NCAC 02H .0506 and 15A NCAC
02B .0243(8)]
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Officel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

I 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. No trees to be removed. [15A NCAC 02B .0243(6)]
5. Any access corridor shall not exceed 10 feet in width and shall be restored to its original
condition prior to the project. [15A NCAC 02B .0243(6)]
6. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
7. All stormwater 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 NCAC 02B .0243(5)]
8. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR401 and Buffer Permitting Unit within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/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 Buffer Authorization 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 [phone] 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 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in 15A NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699
or [e-mail] if you have any questions or concerns.
Sincerely,
q -s2- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Erik Nelson, Lake Shore Tram Inc., [e-mail]
DWR MRO - file copy
DWR 401 & Buffer Permitting Unit — file copy