20140813 Ver 3_Approval Letter_20170418

Water Resources
ENVIRONMENTAL QUALITY
18 April 2017
Mr. Adrian Miller
City of Belmont
P.O. Box 431
Belmont, NC 28012
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. JAY ZIMMERMAN
Director
DW R # 14-0813 V3
Gaston County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Kevin Lofton Park, Lake Wylie
Dear Mr. Miller,
You have our approval for the impacts listed below for the purpose described in your application dated
March 30, 2017, and received by the Division of Water Resources on April 12, 2017. These impacts are
covered by Water Quality General Certification Number 4098 (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 and buffer rules are met. No other impacts are
approved, including incidental impacts. [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 — below normal pool
Previously approved
1,071 sq. ft.
Open Waters — above normal pool
0
Buffers —Zone 1
3,366 sq ft.
Buffer—Zone 2
597 sq. ft.
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Ser vice Cc liter I Raleigh, NC27699-1611
919.7079000

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 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. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Division of Mitigation
Services(DMS) to meet this mitigation requirement. Until the EEP receives and clears
your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
5. You are allowed to thin underbrush, shrubs, and limbs up to 50%of individual tree height
to enhance a lake view provided that soils are undisturbed, diffuse flow is maintained,
and that no stems of woody vegetation larger than 3" DBH (diameter at breast height) are
removed. [15A NCAC 02B .0243(6)]
6. Access corridors 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. 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)]
9. 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))
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh, NC 2 769 9-1611
919.707.9000
Compensatory Mitigation
Required
River & Sub -basin Number
Buffer Zone 1
3366 (sq ft)
Catawba 03050101
Buffers Zone 2
597 (sq ft)
Catawba 03050101
5. You are allowed to thin underbrush, shrubs, and limbs up to 50%of individual tree height
to enhance a lake view provided that soils are undisturbed, diffuse flow is maintained,
and that no stems of woody vegetation larger than 3" DBH (diameter at breast height) are
removed. [15A NCAC 02B .0243(6)]
6. Access corridors 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. 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)]
9. 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))
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh, NC 2 769 9-1611
919.707.9000

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:
John Evans, General Counsel
Department of Environment and Natural Resources
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, MRO
Division of Water Resources, NCDEQ
Enclosures
cc: Duke Energy Lake Services,PO Box 1006 Charlotte, NC 28201-1006
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
14-0813V3
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-1611
919.707.9000

NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, City of Belmont, has permission as outlined
below to impact Zone 1 and Zone 2 of the Catawba Riparian Buffer in order to proceed with the
Kevin Lofton Park Boat Access Area in Gaston County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Zone 1 — 3366 sq ft
Zone 2 — 597 sq ft
Kevin Lofton Park
Gaston
Catawba (03050101)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r .0503(b).
Mitigation Required:
Zone 1 - 6732 sq ft.
Zone 2, - 896 sq ft.
Mitigation:
The aforementioned buffer mitigation by the DMS is required for the 401 Water Quality
Certification. In correspondence dated February 10, 2017 the DMS indicated that mitigation
would be conducted by DMS if available within the cataloging unit. More may be required if
mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652
CERTIFICATE OF COMPLETION
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC27699-1611
919.707.9000