HomeMy WebLinkAbout20160383 Ver 1_Approval Letter_20160503AT MCCRORY
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DONALD R. VAN DER VAART
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Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
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May 3, 2016
DWR # 16-0383
redell County
Michael Wetter
Sisters Cove of LKN
P.O. Box 3965
Mooresville, NC 28117
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions (Replacement); Shoreline Stabilization, Twin Sisters Ln,
Lot #61, #63, #64, Sisters Cove, Lake Norman
Dear Mr. Wetter,
This approval replaces the one previously issued on April 26,2016. You have our approval for the impacts
listed below forthe purpose described in your application dated April 12, 2016, and received by the Division
of Water Resources (Division) on April 21, 2016. 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, 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/Buffer Authorizations are met. No other impacts
are approved, including incidental impacts. 15A NCAC 02H .0505(b), 15A NCAC 02H
.0507(c) and 15A NCAC 02B.0243(8)
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/Buffer 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/Buffer Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0506 and 15A NCAC 02B.0243(8)]
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3. Approval
Type of Impact
Amount Approved (sq. ft.) permanent
Lot #61: 445 sq. ft.
Open Waters (wall)
lot #63: 300 sq. ft.
Lot #64: 333 sq. ft.
Lot #61: 1115 sq. ft.
Buffer. (temporary)
Lot#63: 1000 sq. ft.
Lot #64: 1110 sq. ft.
Lot #61: 115 ft.
Shoreline length
Lot #63: 100 ft.
Lot #64: 110 ft.
4. The Division's 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)]
5. No trees are proposed for removal. However, only those trees that are severely
undermined (and cannot be saved) along the shoreline can be removed. Minimal shaping
and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
6. Work is to be conducted by land. The access corridorshall not exceed 10 feet in width and
shall be restored to its original condition prior to the project. [15A NCAC 02B .0243(6) &
(8), 15A NCAC 02H .05021
7. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B.0243(4)]
8. 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. [15A NCAC 02B.0243(5)]
9. 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://porta1.ncdenr.org/web/wg/swp/ws/401/certsandpermits/apply/forms) or see
attached. [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 as OAH). A petition form may be obtained from the OAH at http://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 feeds 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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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 NCACO2B .0243. Please contact Alan Johnson at 704-663-1699
or alan.iohnson@ncdenr.gov if you have any questions or concerns.
Sincerely,
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FsCL W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: William Elliot, Army Corps, Asheville (email)
DWR MRO - file copy
DWR401 & Buffer Permitting Unit -file copy