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Home My WebLink About20140018 Ver 1_Approval Letter_201401284 X! � ; < NCDENR North (s�'iroilmi I )ep<artrment of I nviro�nment mid Natural f 1\o,,;our(,cs [Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Roeder John L Slwarla, III Govornor I)irector 5ecrotary January 28, 2014 DWR # 14 -0018 Iredell County James Michael and Digna Maria Gutches 158 Cooley Road Mooresville, NC 28117 Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Stabilization —158 Cooley Road, Lot 103, Lake Norman Dear Mr. and Ms. Gutches: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on December 30, 2013. 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. 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 or general permit and the following additional conditions: The following imparts 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. Please note that this approval is for the repair and stabilization of the existing shoreline and does not allow any extension of the shoreline into the lake. Type of Impact Amount Approved (sq. ft.) Amount Approved (sq. ft.) Par; anOnt ; tzrnpo ary � Open �Alaters - above normal pool 1,05-0 sq. ft. N'A i L - (.� ft. X .�>J:i it.) I i J Open Waters - below norma! pool 1,050 s:; ft. � ! NA I (3 ft. X 350 ft.) Buffers – Zone 1 1,050 sq. ft. —� 1,500 sq. ft. 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 - 807 -6494 Internet: licvvvatergu: ity.ca An Equal Opportunity 1 Affirmative Action Employer James M. and Digna M. Gutches DWR # 14 -0018 401 /Buffer APPROVAL Page 2 of 3 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 Certification /Authorization and is responsible for complying with all conditions. 3. The Division 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 additional impacts are allowed beyond those listed above including the removal of trees and soil disturbance except 3 ft. or less along the immediate shoreline as described in your application. Trees that are undermined or leaning can be removed and minimal shaping and sloping of shoreline is allowed. 5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division or must 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. 7. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer. 8. Work is to be conducted by land. 9. All storrnwater shall be directed as diffuse of sheet flow (not piped) at non - erosive velocities through the protected lake buffer and should not re- concentrate before discharging into the lake as identified within 15A NCAC 02B.0243(5). 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 ad.ninistrative hearing to the Office of Administrative clearings (hereby known as OAH). A petition form may be obtained from the OAH at htt Y.flwwk,ricoah _.corn or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calor dar days of receipt of this notice, a petition must be filod wj;th the 0^.H. ^, petition is considered fiked wher, the original and one (1) copy along with any applicable OAH fibre fer, is received in the r- .lirltlg rit7i °i ± i Cif +L� ti(f�Ery (iV�7ii !n') / %ilr�ia,li Friday between `r :iiNi1 rill ;tit Vii, r� C4�Jrijng official Hate OAH i 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 James M. and Digna M. Gutches DWR # 14 -00189 401 /Buffer APPROVAL Page 3 of 3 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 02B .0243. Please contact Shelton Sullivan at 919 - 807 -6361 or shelton.sullivanOncdene . o_v_ or Alan Johnson at 704 - 663 -1699 or alan.joh_nson(b)ncdenr_Igov_ if you have any questions or concerns. Sincerely,] . Karen Higgins, Supervisor 401 & Buffer Permitting Unit Enclosures: GC 3898 cc: Duke Energy lake Services, PO Box 1006, Charlotte; NC 28201 -1006 USAGE Asheville Regulatory Field Office 'had Ca'dweeil, Sout"+�e-n—, �ii3nr piriail coo DWR M, RC). 401 Ekes — c=anal! copy DWR 401 & Buffer Permitting Unit — ;i!e copy Filename: 140018Gutches158CooleyRdLkNorman (Iredell)_401_CRB