20160911 Ver 2_Approval Letter_20161010

PAT MCCRORY
DONALD R. VAN DER VAART
Water Resources S. JAY ZIMMERMAN
ENVIItONMEN1AL QUALITY
10 October 2016
DWR# 16-0911V2
Mecklenburg County
Jim Kelly
17240 Conner Quay Cr.
Cornelius, NC 28031
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge/Stabilization, Lot 141 Jetton Rd., Lake Norman
Dear Mr. Kelly,
You have our approval for the impacts listed below for the purpose described in your applications dated
August 24, 2016 and September 19, 2016 and received by the Division of Water Resources (Division) on
September 29, 2016. These impacts are covered by the Water Quality General Certification Number 3898
(attached), 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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact Amount Approved(sq.ft.)permanent
Open Waters 4460 sq.ft. (dredge)
Buffer 0 sq.ft.
(Enhancement/maintenance of existing stabilization)
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 Certification. 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 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 Office)610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704 663 1699

3. 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)]
4. 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)]
5. All staging, including spoil,stockpile and construction materials,shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
6. Work is to be conducted from land and/or from water by barge. [15A NCAC 02H .0502
and 15A NCAC 02B .0243(8)]
7. 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.ors/web/wp/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 5:00pm, 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:
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. 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: Chip Bridges, CBC, email
DWR MRO-file copy
DWR 401& Buffer Permitting Unit—email copy