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HomeMy WebLinkAbout20141001 Ver 1_Approval Letter_20141003A,IF- WA ;VA Q= NCDENR North Carolina Department nfEnvironment and Natural Resources Pat McCrory Governor October 3, 2014 Steven Lee Cook 2O4 Normandy Road Mooresville, NCI8117 John E. SkVarla. 1|I Secretary DVVR#14-lQD1 Iredell County Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions; Shoreline Stabilization, 2Q4Normandy Road, Mooresville, Lake Norman Dear Mr. Cook: You have our approval for the impacts listed below for the purpose described in your application dated September 16, 2014 and received by the Division of Water Resources (Division) on September 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 b 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, indudingthoseneqmiredby(butout|imitedtn)the8oca||ahemanagememt 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 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. [I5AN[AC82H.O5U6(b),15ANCACB2H.O587(c) and 1SA NCA[U2B.O243(8)] Type of Impact Amount Approved (sq. ft.) Amount Approved (sq. ft.) permanent temporary Open Waters - below full pond 450 sq. ft. (225 ft. x 2 ft.) NA sq, ft. Division of Water Resources -401 Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512N. Salisbury St. Raleigh, North Carolina 27604 Phune�S1S-8O7-6 @80\ FAX: A19-807-6494 |ntumv:mxmw.nowatenquahty.ory An Equal Opportunity � Affirmative Action Employer - made in part by recyded paper Steven Cook ovvn#14-1OUz 401/eUppEnAppnOvAL Page zmfa This approval is for the purpose and design described im your application. The plans and specifications for this,project are incorporated by reference as part of the Certification/Authorization. Uf 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. 115A NCAC 02H.O506 and 15ANCACO2B.0243/8B l 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, [15A NCAC 02H .0502 (e)] 4, Trees that are undermined or leaning can be removed and minimal shaping and sloping along the immediate shoreline is allowed, [15A NCAC 02B.0243(6)] S. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division and must meet the Catawba; Riparian Buffer Rule requirements. [15ANCACO28.0Z43(4) and (6)] fi The access corridor shall not exceed 10 ft. in width and shall be restored to its original condition prior to the project. [15A NCAC 02B .0243(6)] 7. All staging, including spoil, stockpile and construction materia|,shallocouroutsideofthe buffer. [15A NCAC 02B.0243(4)] 8. Work is to be conducted from land as indicated in your application. [15A NCAC 02H .0502 and 15A NCAC 02B.0243(8)] 9. All stVrmwatersha|Y 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)] 18. The applicant and/or authorized agent shall provide a completed Certificate ofCompletion Form no the DVVR 401 and Buffer Permitting Unit within ten days nfproject completion. (available at: ) [15A NCAC 02H .0507 (c) 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 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known asQ4H). A petition form may be obtained from the OAHat or by calling the O/4H Clerk's Office at(919)431'3800fnrinhmrmatimn. Within sixty (60)calendar days of receipt uf this notice, a petition must be filed with the OAH. A petition is con!sidered filed when the original and one (1) copy along with any applicable OAH filing fee is received in Steven Cook owm#14-1V01 401/oupnEnxFpnOvxL Page 3o+a the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state hm|idavs). The petition may be faxed to the 0AHat/9181431-310O,provided the original aimd 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 sem ding via LS 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, WCI7699-6714 Raleigh, NC27609-6ZO5 One (1) copy of the petition must also be served toDENR: John Eyan� General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NCZ7699-1601 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 NCA[QZB .0243. Please contact Shelton Sullivan at 919-807-6361 or if you have any questions orconcerns. Karen Higgins, Supervisor /7 4U1& Buffer Permitting Unit Enclosures: 6C 3898 Certification of Completion Form cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006 0SACE Asheville Regulatory Field Office DVVRk4RO file copy DVWR 401& Buffer Permitting Unit — file copy Filename.- 14100ICook2O4NormandyRdMooresvilleLkNorman(Iredell)_401_CRB