20161237 Ver 1_Approval Letter_20170109

ROY COOPER

Governor

9 January 2017

DWR # 16-1237
Iredell County

Michael Swedick
108 Freshwater Ln
Mooresville, NC 28117

Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, 112 Chatfield Cove Dr., Lake Norman

Dear Mr. Swedick,

You have our approval for the impacts listed below for the purpose described in your application dated
November 28, 2016 and received by the Division of Water Resources (Division) on December 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. 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 890 sq. ft.
Buffer 435 sq. ft.
Shoreline length 435 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

State of North Carolina | Environmental Quality | Water Resources | Water Quality Regional Operations

Mooresville Regional Office| 610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704 663 1699

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. \[15A NCAC 02H .0506 and 15A NCAC 02B .0243(8)\]

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.No trees proposed for removal, except 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: or
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms)
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 8:00am 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: 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: Richard Abernathy, 1491 Mt. Ulla Hwy, Mt. Ulla, NC 28125
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

CERTIFICATE OF COMPLETION

NCDWR Project No.:County:
_______________ _______________________
Applicant: _
_______________________________________________________________________
Project Name:
_____________________________________________________________________
Date of Issuance of 401 Water Quality Certification:
_____________________________________
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWR by the applicant, the applicant’s
or
authorized agent, the project engineer. It is not necessary to send certificates from all of these.

Applicant’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.

Signature: ___________________________________________ Date: ___________________________

Agent’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.

Signature: ___________________________________________ Date:___________________________

Engineer’s Certification
_______ Partial _______ Final
I, _______________________________________, as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature ________________ _______________________________ Registration No. _____________

Date ________________________