20160983 Ver 1_Approval Letter_20161027

PAT MCCRORY
DONALD R. VAN DER VAART
Water Resources S. JAY ZIMMERMAN
CNVIItONMCNT AL QVALIIY
1)f
27 October 2016
DWR# 16-0983
Iredell County
John Volovski
778 Beaten Path Rd.
Mooresville, NC 28117
Subject: After the Fact Approval of 401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions;Shoreline Stabilization, Beaten Path, Lake Norman
Dear Mr. Volovski,
You have our approval for the impacts listed below for the purpose (retaining wall and irrigation line)
described in your application dated October 02, 2016 and received by the Division of Water Resources
(Division) on October 14, 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. [1SA 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 200 sq.ft.
Buffer 100 sq.ft.
Shoreline length 100 ft.
2. Submit photos of the completed work. No impervious material is allowed within the
buffer. Any impacted vegetation(trees,grass)shall be restored. [15A NCAC 02B.0243(6)]
State of North Carolina I Ens ironmental 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. Impervious patios, impervious walkways, beaches, 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. All staging,including spoil,stockpile and construction materials,shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
5. 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)]
6. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference aspart 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 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)]
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.ora/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 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(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 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: DWR MRO-file copy
DWR 401& Buffer Permitting Unit—email