HomeMy WebLinkAbout20220234 Ver 1_Approval Letter_20220311R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 11, 2022
DWR # 22-0234
Mecklenburg County
Ryan Bondy
12011 County Manor Ct.
Charlotte, NC 28278
Delivered via email to RBondy@me.com
Subject: Approval of Catawba Riparian Buffer Impacts with Additional Conditions;
Shoreline Remediation, 12011 County Manor Ct., Lake Wylie
Dear Mr. Bondy,
You have our approval for the impacts listed below for the purpose described in your application
submitted February 10, 2022, and fee received by the Division of Water Resources (Division) February
17, 2022. 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
303 (square feet)
Shoreline
101 (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. Work is to be conducted from water via barge. No tree removal is proposed (except along
immediate shoreline or severely undermined). No grubbing/grading in the buffer. Any access
corridor shall not exceed 10 feet in width and shall be restored to its original condition prior
to the project. [15A NCAC 02B .0614 (7), (10), (9) and 15A NCAC 02H .0502]
D_
NOCAROLJNA
E
MW,b„eM a Environmental Gual \
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699
2. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
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 Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Catawba Riparian Buffer Rules as described in
15A NCAC 02B .0614. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you
have any questions or concerns.
Sincerely,
DocuSigned by:
44.41414w H P:z>..
F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Kim Broome, Dock Masters Marine, kim@dockmastersonline.com
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
NOFfl CARCUNA
napalm ni a Environmental Oualltr
R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 11, 2022
DWR # 22-0234
Mecklenburg County
Ryan Bondy
12011 County Manor Ct.
Charlotte, NC 28278
Delivered via email to RBondy@me.com
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Shoreline Remediation, 12011 County Manor Ct., Lake Wylie
Dear Mr. Bondy:
The Division has reviewed the proposed project as described in your application dated February 10,
2022, fee received by the Division of Water Resources (Division) February 17, 2022, with subsequent
information on March 9, 2022. These impacts are covered by the attached Water Quality General
Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of
Engineers Wilmington District's Regional General Permit Number 30. 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 or
State Riparian Buffer regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
This acknowledgement is specific for the purpose and design, plans, specifications and impacts as
described in your application. 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 Letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506(b)]. The following proposed
impacts are described in your application:
Type of Impact
Amount of Impacts
Open Waters
0.009 ac. (Stabilization)
101 linear feet of Shoreline
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, 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 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.
DEO7
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699
This letter is final and binding unless contested and 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 150E 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 letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Mooresville Office at 704-743-6872 or doug.perez@ncdenr.gov if you have
any questions or concerns.
Sincerely,
DocuSigned by:
44.0141w H Pzue4
�F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Enclosures: GC 4145
cc: Kim Broome, Dock Masters Marine, kim@dockmastersonline.com
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
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