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Home My WebLink About20130809 Ver 1_Approval Letter_20130821A74 �� '_A�A ILIc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Brad & Ruth Lozier 9410 David Andrew Way Centerville, OH 45458 Water Quality Programs Thomas A. Reeder Director August 21, 2013 John E. Skvarla, III Secretary DWR # 13 -0809 Gaston County Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with Additional Conditions Shoreline Stabilization Reflection Pointe Lot 95 Dear Mr. & Mrs. Lozier: You have our approval for the impacts listed below for the purpose described in your application dated July 8, 2013, received by the Division of Water Resources (Division) on August 2, 2013. These impacts are covered by the attached Water Quality General Certification Number 3898 / Buffer Rules and the conditions listed below. This certification is associated with the use of Regional Permit Number 198200030 issued 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. This approval requires you to follow the conditions listed in the enclosed certifications) or 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 and Buffer Rules are met. No other impacts are approved, including incidental impacts. i la il f ^I. "I" Brad & Ruth Lozier DWR# 13 -0809 401 /Buffer APPROVAL Page 2 of 4 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 /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 General Certifications) /Authorization and is responsible for complying with all conditions. 3. The 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. 4. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance, except along the immediate shoreline (<3ft). Minimal shaping /sloping of shoreline allowed. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by DWR or meet the Catawba Riparian Buffer Rule requirements. 6. The access corridor shall not exceed 10 ft in width and shall be restored to its original condition prior to the project. (No removal of trees proposed) 7. All staging shall including spoil and construction material shall occur outside of the buffer. 8. Work is to be conducted by land. 9. All stormwater shall be directed as diffuse /sheet flow (not piped) at non - erosive velocities through the protected lake buffer and will not re- concentrate before discharging into the lake as identified within 15A NCAC 2B .0243(5). This approval and its conditions are final and binding unless contested. Amount Approved Amount Approved (units) (units) Type of Impact Permanent Temporary Open Waters Above 171 (square feet) NA (square feet) Normal Pool Open Waters Below 257 (square feet) NA (square feet) Normal Pool Buffers —zone 1 171 (square feet) NA (square feet) 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 /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 General Certifications) /Authorization and is responsible for complying with all conditions. 3. The 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. 4. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance, except along the immediate shoreline (<3ft). Minimal shaping /sloping of shoreline allowed. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by DWR or meet the Catawba Riparian Buffer Rule requirements. 6. The access corridor shall not exceed 10 ft in width and shall be restored to its original condition prior to the project. (No removal of trees proposed) 7. All staging shall including spoil and construction material shall occur outside of the buffer. 8. Work is to be conducted by land. 9. All stormwater shall be directed as diffuse /sheet flow (not piped) at non - erosive velocities through the protected lake buffer and will not re- concentrate before discharging into the lake as identified within 15A NCAC 2B .0243(5). This approval and its conditions are final and binding unless contested. Brad & Ruth Lozier D W R# 13 -0809 401 /Buffer APPROVAL Page 3 of 4 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. 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: Lacy Presnell, General Counsel Department of Environment and Natural Resources 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 0243. Please contact Jennifer Brad & Ruth Lozier DWR# 13 -0809 401 /Buffer APPROVAL Page 4 of 4 Burdette at 919 - 807 -6364 or je_nnifer.burdette . ncdenr.ov or Alan Johnson at 704 - 663 -1699 x2200 or alan.iohnson @ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor Wetlands, Buffers, Streams — Compliance & Permitting Unit Enclosures: GC 3898 cc: Randall Clawson, Clawson's Pile Driving & Construction, Inc., 5805 Fiesta Road, Lake Wylie, SC 29710 USACE Asheville Regulatory Field Office Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006 DWR MRO 401 files DWR Webscape Unit Filename: 130809Brad& Ruth LozierLot95 (Gaston)_401_CRB.docx