20160690 Ver 1_Buffer Determination_20160722

Water Resources
ENVIRONMEN3'AL QUALITY
22 July 2016
Phillip Fama
1995 Capes Cove Dr.
Sherrills Ford, NC 28673
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: Catawba Riparian Buffer Authorization with Additional Conditions;
Capes Cove Dr., Lake Norman
Dear Mr. Fama,
Srmlrrn'
S. JAY ZIMMERMAN
1)""'1nr
DWR # 16-0690
Catawba County
You have our approval for the impacts listed below for the purpose described in your application dated
July 12, 2016 and received by the Division of Water Resources (Division) on July 19, 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:
1. 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. [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 (Zone 2)
30 sq. ft.
Shoreline length
0 ft.
2. This approval is for the purpose and design described in your application (prevent erosion
at a support column). 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 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
State of Nonh Carolina I Environmental Quality I Water Reaeurrea I Water Quality Regiorul Opannione
Mooresville Regional Offcel 610 Fast Center Avenue, Suite 3011 Mooresville, NoM Carolina 28115
704663 1699

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. 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)]
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 DWR 401 and Buffer Permitting Unit within ten days of project completion.
(available at: http•//aortal ncdenr ora/web/wo/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/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:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy ofthe 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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This lettercompletes the review of the Division undersection 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,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWRMRO - file copy
DWR 401 & Buffer Permitting Unit — file copy