HomeMy WebLinkAbout20170190 Ver 2_Approval Letter_20170608Water Resources
ENVIRONMENTAL QUALITY
June 8, 2017
Doug Speer
1045 Peninsula Dr.
Belmont, NC 28012
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0190V2
Gaston County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, 1045 Peninsula Drive, Lake Wylie
Dear Mr. Speer,
You have our approval for the impacts listed below for the purpose described in your application dated
May 1, 2017, and received by the Division of Water Resources (Division) on May 18, 2017. 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. Please note that this approval is for the repair and stabilization of
the existing shoreline. This approval does not allow any extension of the shoreline into the lake.
[15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B .0243(8)]
Type of Impact
Amount Approved (sq. ft.)
permanent
Open Waters
1250 sq. ft. (0.03 ac)
Buffer
960 sq. ft.
Shoreline length
145 ft.
This approval is for the purpose and design described in your application. The "bench" needed
to conduct the work shall be planted with trees and mulched to mimic the pre-existing
conditions of the buffer. The plans and specifications for this project are incorporated by
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
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)]
3. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, INC
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. No trees proposed for removal. [15A NCAC 02B .0243(6)]
6. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B.0243(4)]
7. Work is to be conducted from land. [15A NCAC 02H .0502 and 15A NCAC 02B .0243(8)]
8. All stormwater shall be directed as diffuse or sheet flow (not piped or placed in flume) 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. Upon completion of the work, photos of the site shall be submitted to staff via email
(alan.iohnson@ncdenr.gov).
10. 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.org/web/wq/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 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 27699-1611
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 DEQ:
William Lane, 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 NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699
or alan.iohnson@ncdenr.Qov if you have any questions or concerns.
Sinc ely,
Pao. W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Don Dellamea, Spain Construction, don@spainconstructioncharlotte.com
DWR MRO —file copy
DWR 401 & Buffer Permitting Branch file, laserfisch
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