20180921 Ver 1_Approval Letter_20180802

ROY COOPER NORTH CAROLINA
Governor Environmcntat Quality
MICHAEL S. BEGAN
secretar},
LINDA CULPEPPER
Interim alrector
2 August 2018
DWR # 18-0921
Mecklenburg County
Bill Witherell
City of Charlotte
531 Spratt Street
Charlotte, NC 28206
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, 12100 Shopton Rd. West, Lake Wylie
Dear Mr. Witherell,
You have our approval for the impacts listed below for the purpose described in your application dated June 26,
2018 and received by the Division of Water Resources (Division) on June 29, 2018 and subsequent information on
July 31, 2018. These impacts are covered by the Water Quality General Certification Number 4145 (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:
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. 115A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters (dredge)
2250 sq. ft. (.05 ac)
Buffer
0 sq. ft.
Shoreline length
0 ft.
-^'Nothing Compares-.-....
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

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 .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. 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)]
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.0243(8)]
7. 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)]
8. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided
within 5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive
the written submission requirement on a case-by-case basis. 15A NCAC 0213 .0200
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/wa/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 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 (919) 431-
3000 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 DENR:
William F. Lane, 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 [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: Brandon Parsons, Rowboat Dock/Dredge, [e-mail]
DW R M RO - file copy
DWR 401 & Buffer Permitting Branch file