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HomeMy WebLinkAbout20191594 Ver 1_Buffer Approval Letter_20191202ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality December 2, 2019 DWR # 19-1594 Iredell County Jason Shott 109 Travis Point Mooresville, NC 28117 Subject: Approval of Catawba Riparian Buffer Authorization with Additional Conditions; Fill/Grading, Camino Real Rd., Lake Norman Dear Mr. Shott, You have our approval for the impacts listed below for the purpose described in your application dated November 18, 2019, and received by the Division of Water Resources (Division) on November 19, 2019. These impacts are authorized by Catawba Buffer Rules (15A NCAC 02B .0243) and the additional conditions listed below 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 .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B .0243(8)] Type of Impact Amount Approved (sq. ft.) permanent Buffer, Zone 1 7500 sq. ft. 2. This approval is for the purpose and design described in your application. Fill not to exceed 2.5 ft. 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)] 3. NO trees proposed for removal. [15A NCAC 02B .0243(6)] NORTH CAROHNA � D E QNorth Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 o.namremor �w.c�giuuei� /`� 704.663.1699 4. A one-time application of fertilizer is allowed for the establishment of the revegetation of the buffer. Minimum maintenance is allowed within the buffer and no chemical applications are allowed within the buffer. 5. Work is to be conducted from land. Upon completion of grading the entirety of Zone 1 of the buffer is to be planted with native species vegetation (per plan). All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer [15A NCAC 02B .0243 (4), (6), (8) and 15A NCAC 02H .0502] 6. Photos shall be provided upon completion of the grading and revegetation within six months of issuance of this approval. 7. All stormwater shall be directed as diffuse or sheet flow (not piped) at non -erosive velocities through the protected lake buffer. [15A NCAC 02B .0243(5)] 8. 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)] 9. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by - case basis. 15A NCAC 02B .0200 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:OOam and S:OOpm, 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. 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: Bill 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.gov if you have any questions or concerns. Sincerely, EA DocuSigned by: #-. w ii Nuft for F161F969A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures cc: Jason Shott, jshott@diamondbackllc.com DWR MRO - file copy DWR 401 & Buffer Permitting Branch file CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion County: Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date