HomeMy WebLinkAbout20131271 Ver 1_Approval Letter_20131218December 18, 2013
Dennis G. and Amy B. Goforth
2003 Fairview Road
Shelby, NC 28150
Resources
Jahn E. Skvarla, III
Secretary
DWR # 13 -1271
Cleveland County
Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline
Stabilization — 2003 Fairview Road, Moss Lake
Dear Mr. and Ms. Goforth:
You have our approval for the impacts listed below for the purpose described in your application dated
December 2, 2013 received by the Division of Water Resources (Division) on December 9, 2013. These
impacts are covered by the Water Quality General Certification Number 3898 (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. 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 or 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.
-_ -- - - -... - -- -- - -- - ...---------- ____1_
Type of Impart I Amount Approved (sq. ft.) I Amount Approved (sq. ft.)
intent
tem
Open Waters 160 (square feet) NA
Above normal pool
Open Waters 160 (square feet) NA
Below normal pool
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 -807 -63001 FAX: 919 - 807 -6494
Internet: www_=vatenua" y_oiq
An Equal Opportunity 1 Affirmative Action Employer
Dennis and Amy Goforth
DWR # 13 -1271
401APPROVAL
Page 2 of 3
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 /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 /Authorization and is
responsible for complying with all conditions.
3. The Division 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.
4. Work is to be conducted by land.
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 htt��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 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Dennis and Amy Goforth
DWR # 13 -1271
401APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Shelton Sullivan at 919 - 807 -6361 or shelton.suiliv_ar� ncdenr.ggy or Alan Johnson at 704 - 663 -1699 or
alan.iohnsc�nncdnrgav if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervis
401 & Buffer Permitting Unit
Enclosures: GC 3898
cc: Fred Baird Blackley, ASLA - 504 South Dekalb Street, Shelby, NC 28150
USACE Asheville Regulatory Field Office
DWR MRO 401 files — email copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 131271Goforth2003FairviewRdShelbyMossLk (Cleveland)_401