HomeMy WebLinkAbout20140492 Ver 1_Approval Letter_20140522A 0
74tJ
r�' AV
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrary
Governor
May 22, 2014
J.C. Faw
131 Stutts Road
Mooresville, NC 28117
Jahn F. Skvarla, III
Secretary
DWR # 14 -0492
Iredell County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts
with Additional Conditions; Shoreline Stabilization 130 Brick Kiln Way, The Point,
Mooresville, Lake Norman
Dear Mr. Faw:
You have our approval for the impacts listed below for the purpose described in your application dated
April 11, 2014 and received by the Division of Water Resources (Division) on May 19, 2014. These impacts
are covered by the Water Quality General Certification Number 3898 (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 or 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 and Buffer Rules 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.
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters - above normal pool
180 sq. ft.
Open Waters - below normal pool
900 sq. ft.
Buffers —Zone 1
180 sq. ft.
Division of Water Resources — 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.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
i
J.C. Faw
DWR # 14 -0492
401 /Buffer APPROVAL
Page 2 of 3
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. No additional impacts are allowed beyond those listed above and as described in your
application. Trees that are undermined or leaning can be removed and minimal shaping
and sloping along the immediate shoreline is allowed.
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division or must meet the Catawba Riparian Buffer Rule
requirements.
6. The access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition prior to the project.
7. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer.
8. Work is to be conducted from land and water.
9. 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 as identified within 15A NCAC 02B .0243(5).
10. 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_[fportal.ncdenr.ol Wgb /wq[sWpl s/ 401 /certsandpermitsLa_��ly fQLMS)
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 I 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).
J.C. Faw
DWR # 14 -0492
401 /Buffer APPROVAL
Page 3 of 3
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
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 Shelton Sullivan at 919 - 807 -6361
or shelton.sullivan ncdenr.pgv if you have any questions or concerns.
Sincerely,
C
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /sos
Enclosures: GC 3898
cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
USACE Asheville Regulatory Field Office
Chip Bridges, CBC Custom Seawalls — email copy
DWR MRO 401 files —email copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 140492JCFawThePoint130BrickKilnWayLkNorman (Iredell)_401_CRB