20161179 Ver 1_Approval Letter_20161205

Water Resources
ENVIRONMENTAL QUALITY
December 5, 2016
John Carmola
18201 Capstan Greens Rd.
Cornelius, NC 28031
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
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DW R # 16-1179
Mecklenburg County
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, Capstan Greens Rd., Lake Norman
Dear Mr. Carmola,
You have our approval for the impacts listed below for the purpose described in your application dated
November 11, 2016, and received by the Division of Water Resources (Division) on November 30, 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 (dredge)
1,656 sq. ft. (.03 ac)
Buffer
0 sq. ft.
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)]
Sure dNorth Carolina I En,rmuneuul Q.aIa, I Water Reeouae, I Water Qu.10 Regional Opautie.
Mooresville Regional Offeel 610 Ew Center Avenue. Suite 301 Mooresville, Nonh C11.1m, 38115
704 6631699

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. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
5. Work is to be conducted from land and/orfrom water by barge. [15A NCAC 02H.0502 and
15A NCAC 02B.0243(8)]
6. 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)]
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 orx/web/wq/swp/ws/401/certsandi)ermits/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:OOam and S:OOpm, 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. Please contact
Alan Johnson at 704-663-1699 or [e-mail] if you have any questions or concerns.
Sincerely,
Fra- 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 Branch file