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HomeMy WebLinkAbout20210776 Ver 1_Approval Letter_20210611ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 11, 2021 DWR # 21-0776 Catawba County Bonnie Hamrick 26 Richie St. Asheville, NC 28801 Delivered via email to bonnie@highcotton.com Subject: Approval of Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Remediation, 2194 Clyde Rd., Lake Norman Dear Ms. Hamrick, You have our approval for the impacts listed below for the purpose described in your application submitted and fee received by the Division of Water Resources (Division) May 19, 2021. These impacts are covered by the Catawba Riparian Buffer Rule and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Buffers — Zone 1 80 ft of shoreline 360 (square feet) Shoreline 180 (linear feet) 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 this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] This approval includes the additional conditions listed below: 1. No trees proposed for removal. Exception, those trees that are severely undermined can be removed. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B .0614 (4), (5)] D_E NORTH CAROLINA AewrM1nart of BMivmmaM1N Ouaury North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 2. Work is to be conducted from water. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer [15A NCAC 02B .0614 (7), (10), (9) and 15A NCAC 02H .0502] 3. 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 .0614(8)] 4. 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 .0614(9)] This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. If you are unable to comply with any of the conditions below, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0614]. 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. This Authorization can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This Buffer Authorization shall expire five (5) years from the date of this letter and/or upon expiration of the associated 404/401 Water Quality Certification permit approval. This letter completes the review of the Division under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Alan Johnson at 704-663-1699 or alan.lohnson@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: ,44441w H P:ze. "- F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures cc: DWR MRO - file copy DWR 401 & Buffer Permitting Branch file for ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 11, 2021 DWR # 21-0776 Catawba County Bonnie Hamrick 26 Richie St. Asheville, NC 28801 Delivered via email to bonnie@highcotton.com Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Shoreline Remediation, 2194 Clyde Rd., Lake Norman Dear Ms. Hamrick: You have our approval for the impacts listed below for the purpose described in your application submitted to the Division of Water Resources (Division) May 19, 2021 and payment received on May 19, 2021. The Division has determined that the proposed project and impact will comply with water quality requirements covered by the attached Water Quality General Certification Number 4145 and the conditions listed below, provided that you adhere to the certification located at https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/general and the conditions listed below. This certification is associated with the use of Regional General Permit Number 30 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with the water quality requirements provided that you adhere to the conditions listed in the certification and to the additional conditions listed below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Permanent Amount Approved Temporary Open Waters (riprap) 400 sq. ft. (0.008 acres) (0 acres) 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 this Certification. 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Mooresville Regional North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions (15A NCAC 02H .0507(c): 1. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip -rap shall be installed as required (over filter fabric is recommended) to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(1)] 2. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer. [15A NCAC 02B .0243(4)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This 401 Water Quality Certification shall expire upon expiration of the associated 404 permit. This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Alan Johnson at 704-560-0403 or alan.johnson@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: FA4.4114V H Pzue4 F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Enclosures: GC 4145 cc: DWR MRO - file copy DWR 401 & Buffer Permitting Branch file for CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion 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: Date: Agent'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: Date: Engineer's Certification Partial Final 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