20160181 Ver 1_Approval Letter_20160321

Water Resources
ENVIRONMENTAL QUALITY
March 21, 2016
Jill Bondurant
1554 Kale Road
Catawba, NC 28609
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretory
S. JAY ZIMMERMAN
Director
DWR # 16-0181
Catawba County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Kale Rd, Lake Norman
Dear Ms. Bondurant,
You have our approval for the impacts listed below for the purpose described in your application dated
January 18, 2016, and received by the Division of Water Resources (Division) on February 25, 2016. These
impacts are covered by the Water Quality General Certification Number 3898 (attached), Catawba Buffer
Rules and the additional 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:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification/Buffer Authorizations 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 any extension of the
shoreline into the lake. [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
1050 sq. ft.
Buffer
300 sq. ft. (beyond top of bank)
Shoreline length
150 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
Certification/Buffer Authorization. If you change your project, you must notify the Division
State of North Carolina I Environmental Quality I Water Resouroas WaterQwlity Regimial Operations
Mooresville Regional Offvel 610 East Center Avenue, Suite 3011 Mooresville, Notth Carolint28115
704663 16W

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/Buffer 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. Only those trees that are severely undermined can be removed. Minimal shaping and
sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division and must meet the Catawba Riparian Buffer Rule
requirements. [15A NCAC 02B .0243(4) and (6)]
6. 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)]
7. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B.0243(4)]
8. Work is to be conducted from land and/or from water by barge. [15A NCAC 02H .0502 and
15A NCAC 02B.0243(8)]
9. 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)]
10. 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.
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandoermits/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/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:Hwww.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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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,
\
C-Ep— W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Devon Hurst, Rowboat Dock/Dredge, [e-mail]
DWR MRO -file copy
DWR 401 & Buffer Permitting Unit — file copy