HomeMy WebLinkAbout20141001 Ver 1_Approval Letter_20141003A,IF- WA
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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