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Home My WebLink About20131189 Ver 1_Approval Letter_20140328A14('.00�jv NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 25, 2014 Joseph L. and Judey L. Wolfsberger 111 Thurstons Way Mooresville, NC 28117 John E. Skvarla, III Secretary DWR # 13 -1189 REVISED Iredell County Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Stabilization —111 Thurstons Way, Lot 829, The Point, Lake Norman Dear Mr. and Ms. Wolfsberger: This certification replaces the previous approval issued on December 2, 2013. You have our approval for the impacts listed below for the purpose described in your application dated November 4, 2013 received by the Division of Water Resources (Division) on November 12, 2013 with a revised application received on March 13, 2014 regarding the reclassification of 267 feet shoreline. 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. Please note that the application fee of $240 is not needed for this revision and your check is enclosed. This approval requires you to follow the conditions listed in the enclosed certification or general permit and the following additional conditions: 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. 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.) permanent Open Waters - above normal pool 150 square feet (1 ft. x 150 ft.) Open Waters - below normal pool 450 square feet (3 ft. x a50 ft.) Buffers — Zone 1 150 square feet (1 ft. x 150 ft.) Division of Water Resources — 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 -6300 \ FAX: 919 - 807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper Joseph L. and Judey L. Wolfsberger DWR # 13 -1189 401 /Buffer APPROVAL REVISED Page 2of3 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 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. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer. 8. Work is to be conducted by water. 9. 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 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 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. Joseph L. and Judey L. Wolfsberger DWR # 13 -1189 401 /Buffer APPROVAL REVISED Page 3 of 3 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 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.sullivan @ncdenr.gov if you have any questions or concerns. Sincerely, cl<4� Karen Higgins, Supervisor 401 & Buffer Permitting Unit Enclosures: GC 3898; Certificate of Completion; Returned Check cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006 USACE Asheville Regulatory Field Office Chip Bridges — CBC Seawalls — email copy DWR MRO 401 files —email copy DWR 401 & Buffer Permitting Unit — file copy Filename: 131189JLWolfsberger111ThurstonsWayLkNorman (Iredell)REVISED_401_CRB