HomeMy WebLinkAbout20141000 Ver 1_Approval Letter_20141007Akv X_ *A
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North Carolina Department of En '[OnOlent and Natural Resources
Pat McCrory
Governor
October 7,ZQ14
Chuck Cook
16324HarbonvievvRoad
Charlotte, NC28I78
John SkV@rlQ' |U
Secretary
DWR#14'10O0
Mecklenburg County
Subject Approval of401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, 16324 Narborvievv
Road, Charlotte, Lake Wylie
Dear Mr. Cook:
You have our approval for the impacts listed below for the purpose described in your application dated
September 4, 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 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 nrlocal 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:
Thefo,l|nvvNBimpactsapeherebvapprovedproxidedthataUoftheoLherspecWDc and
general conditions uf the Certification and Buffer Rules are met. Nn other impacts are
approved, including incidental impacts. Please note that this approval |s for the repair and
stabilization of the existing shoreline but this approval does not allow any extension of
the shoreline into the lake. [1SANCA[O2H.O5O6(b)'15AN[A[O2H.O5Q7(c) and 15A
N[ACO28.U243(Q))
Type of Impact Amount Approved (sq. ft.) permanent
Open Waters - below full pond 1,700 sq. ft. (425 ft. x 4 ft.)
Open Waters - above full pond 2,125 sq. ft. (425 ft. x 5 ft.)
Buffers -Zone 1 2,125 sq. ft.
Division of Water Resources -401& Buffer Permitting Unit
1617 Mail Service Center, Raleigh, NuUhCamUma278S9-107
Location: 512N. Salisbury St. Raleigh, Nni-th Carolina 27684
Phone: 01A-807-630N\FAX 019-807-64R4
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An Equal Opporturtty � Affirmatwe Action Employer - Made in part by recycled paper
Chuck Cook
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This approval io for the purpose and design described in your application. The plans and
specifications for this project are incorporated bv reference as part ofthe
Certification/Authorization. |f 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. [15A NCAC
O2H.05O6 and 15AN[ACO2B.O243(8)]
3. The Division Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville,
NC 28125\ shall benotified in writing once construction at the approved impact areas has
commenced, [1SANCA[0IH.Q502(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)]
5. Beaches, impervious patios, impervious walkways, etc. are not allowed im the buffer unless
specifically approved by the Division and must meet the Catawba Riparian Buffer Rule
requirements. [15A NCAC 02B .0243(4) and (6)]
G. Any access corridor shall not exceed 1Q 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[xhalloocurmut ideofthe
buffer. [15A NCAC 02B.0243(4)]
8. Work isto be conducted from water by barge as indicated in your application. (15AINICAC
02H .0502 and 15A NCAC 02B.0243(8)]
9. All stonnwaterahaO 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 N[ACQJ8 �0243(5)]
I0. The applicant and/or authorized agent shall provide acompleted Certificate ofCompletion
Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion.
(available at: ) [15A
NCAC 02H.0507 (c) and 15A NCAC 02B L243(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
1500by filing a written petition for an administrative hearing to the Office nf Administrative Hearings
(hereby known asO4H). A petition form may be obtained from the O4Hat htt or by
calling the 0AH Clerk's Office at (919)43I-J0QO for information.
Within sixty (60) calendar days of receipt of this notice, o 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
Chuck Cook
ovvn# 14-1000
+oz/BupmsxAPpnovAL
Page 3u*3
the OAH during normal office hmurs (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 OAHfiling fee is received by the QAH within five (S) business days following the
faxed transmission.
Mailing address for the 8AH:
If sending via L8 Postal Service: If sending via delivery service (UPS, FedEx,etd:
Office ofAdministrative Hearings Office mf Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC27G98-6734 Raleigh, N[27609-6Z@5
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
26O1 Mail Service Center
Raleigh, NC27699-1601
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 d gov if you have any questions or concerns.
Enclosures: GC 3898; Certification of Completion Form
cc Kim Broome, Dock Masters, SQ5O Charlotte Hwy, Lake Wylie, SC2971O
Duke Energy Lake Services, PO Box 18O6, Charlotte, N[28JDl-1QD6
USA[EAohevi|le Regulatory Field Office
DWRK8RO file copy
DVVR401& Buffer Permitting Unit — file copy
Filename: 14100OChuckCookl8324HarbonjewRdLkVVy|ie(Mecklemburg)-401_CR8