20170613 Ver 1_Approval Letter_20180423

t:..
Water Resources n
Environmental Quality
23 April 2018
Jared Nemitz
The Peninsula Club
19101 Peninsula Club Dr.
Cornelius, NC 28031
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
D W R # 17-0613
Mecklenburg County
Subject: After the Fact Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Pump Station, Lake Norman
Dear Mr. Nemitz,
You have our approval for the impacts listed below for the purpose described in your application dated May 16,
2017. These impacts are covered by the Water Quality General Certification Number 4145 (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
Na
Buffer
Na
Shoreline length
Na
This approval is for the purpose and design described in your application (1989 pump house). 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 submiLa�er4np)q1vIV?djVaMp-n�tith the appropriate fee. If the property is sold,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

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)]
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 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 8:00am 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the reviewof 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
alan.iohnsonCalncdenr.aov if you have any questions or concerns.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Ann Duncan, Permits 4U, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file