HomeMy WebLinkAbout20170071 Ver 1_Approval Letter_20170130N. -I 'Ira.
Water Resources
ENVIRONMENTAL QUALITY
30 January 2017
Steve Norris
c/o Summerwind Properties
5525 Sunningdale Dr.
Charlotte, NC 28277
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0071
Mecklenburg County
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, 17609 Quiet Lake Dr., Lake Norman
Dear Mr. Norris,
You have our approval for the impacts listed below for the purpose described in your application dated
December 19, 2016 and received by the Division of Water Resources (Division) on January 18, 2017. These
impacts are covered by the Water Quality General Certification Number 3898 (attached 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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters (dredge)
1260 sq. ft. (0.03 ac)
Buffer
0 sq. ft.
Shoreline length
0 ft.
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. If
State of North Carolina I Ervironmental Quality I Water Resources
512 N. Salishury Street 11611 N4e11 Service Center I Raleigh. NC 27699-lbll
919.707.9000
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 and is responsible for
complying with all conditions. [15A NCAC 02H .0506 and 15A NCAC 02B.0243(8)]
3. 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)]
4. 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. [15A NCAC 02B .0243(4) and (6)]
5. Any access corridor shall not exceed 10 feet in width and shall be restored to its original
condition prior to the project. [15A NCAC 02B.0243(6)]
6. All staging, including spoil, stockpile and construction materials, shall occuroutside of the
buffer. [15A NCAC 02B .0243(4)]
7. 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)]
8. 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://portal ncdenr ora/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 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 fee is received by the OAH within five (5) business days following the
faxed transmission.
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 2 769 9-1611
919.707.9000
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
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. Please contact
Alan Johnson at 704-663-1699 or alan.iohnson@ncdenr.gov if you have any questions or concerns.
Sincerrellyy,�yy,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Chip Bridges, CBC, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
State of North Carolina I Environmental Quality I water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000