20181169 Ver 1_Approval Letter_20180830

ROY COOPER NORTH CAROLINA
09,.,, mx. Environmental Quality
MICHAEL S. PECAN
5erretary
LINDA CULPEPPEP
Intertnn Dirodor
30 August 2018
Dean Rowell
P.O. Box 837
Oakboro, NC 28129
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge/Shoreline Stabilization, Willow Oak Rd., Lake Tillery
Dear Mr. Rowell,
FILE
D W R # 18-1169
Stanly County
You have our approval for the impacts listed below for the purpose described in your application dated August
8, 2018 and received by the Division of Water Resources (Division) on August 20, 2018. 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
6720 sq. ft. (.15 ac)
Open Waters — above normal pool
336 sq. ft.
Shoreline Length
112 ft.
— Nothing Compares"
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

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 .0506]
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) Upon completion of the project a photo of the stockpiled spoil shall be provided to DWR. If necessary,
silt fence shall be utilized to prevent runoff from the spoil to prevent any potential impact to a
stream/wetland.
7) 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 02B .0200
8) 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.ncdenrorg/web/wq/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 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 B: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:
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 alan iohnson ncdenr.Rov if you have any questions or concerns.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file