20140488 Ver 2_Approval Letter_20170327

Water Resources
Environmental Quality
March 27, 2017
Roger Mackey
P.O. Box 1223
Norwood, NC 28128
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, EdgeWater Development, Lot #7, Lake Tillery
Dear Mr. Mackey,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 14-0488V2
Stanly County
You have our approval for the impacts listed below for the purpose described in your application dated
March 8, 2017, and received by the Division of Water Resources (Division) on March 13, 2017. These
impacts are covered by the Water Quality General Certification Number 4098 (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. Please note that this approval is for the repair and stabilization of the existing shoreline
but this approval does not allow any extension of the shoreline into the lake. 15A NCAC 02H
.0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters— below normal pool
380 sq. ft. (0.006 ac)
Open Waters —above normal pool
570 sq. ft.
Shoreline Length
190 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 .05061
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704-663-1699

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) To the extent practicable, a vegetated strip (trees) along the shoreline should remain to mediate
storm water runoff to the lake.
5) All staging, including spoil, stockpile and construction material, should occur away from the
shoreline to prevent incidental impacts to water quality.
6) All stormwater should be directed as diffuse or sheet flow (not piped) at non-erosive velocities
and should not re -concentrate before discharging into the lake.
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 ore/web/wo/swp/ws/401/certsandpermits/apply/forms) or see attached.
[15A NCAC 02H .0507 (c)]
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 1508 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: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 alan.iohnsonCcpncdenr ¢ov if you have any questions or concerns.
Sincerely,
Fna- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWRMRO - file copy
DWR 401 & Buffer Permitting Branch file