20161229 Ver 1_Approval Letter_20170113

ROY COOPER
Governor
WILLIAM G. ROSS,JR.
Environmental Acting Secretary
Quality
January 13, 2017
DWR# 16-1229
Iredell County
Ken Foster
P.O. Box 39
Cornelius, NC 28031
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Dredge, 197 Apache Rd., Lake Norman
Dear Mr. Foster,
You have our approval for the impacts listed below for the purpose described in your application dated
December 12, 2016, and received by the Division of Water Resources (Division) on November 18, 2016.
These impacts are covered by the Water Quality General Certification Number 3898 (attached), Catawba
Buffer Rules and the additional conditions listed below. This Certific.ation 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(dredge) 2000 sq. ft. (0.06 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/Buffer Authorization. If you change your project,you must notify the Division
and you may be require:J:1.W submit anew application package with the appropriate fee. If
a uig omp es
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh,North Carolina 27699-1611
919-707-9000

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 impact to Buffer proposed. [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 .0243W)]
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.org/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 [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(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 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 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,
Ag
fou.-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