HomeMy WebLinkAbout20140437 Ver 1_Approval Letter_20140512A Vt WA
NOWENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 12, 2014
Brian Williams
21409 Baltic Drive
Cornelius, NC 28031
John E. Skvarla, III
Secretary
DWR # 14 -0437
Mecklenburg County
Subject: APPROVAL and ISSUANCE of Catawba Riparian Buffer Rule (15A NCAC 02B.0243)
Authorization Certificate, 21409 Baltic Drive, Cornelius, Lake Norman
Dear Mr. Williams:
You have our approval for the impacts listed below for the purpose described in your application dated
April 18, 2014 and received by the Division of Water Resources (Division) on April 24, 2014. 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 adhere to the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific
conditions of this Authorization 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 bank and buffer area but this approval does not allow any
extension of the shoreline into the lake.
Type of Impact
Amount Approved (sq. ft.)
permanent
Amount Approved (sq. ft.)
temporary
Buffers -Zone 1
182 sq. ft.
546 sq. ft.
Buffers - Zone 2
NA
200 sq. ft.
2. This approval is for the purpose and design described in your application and no additional
impacts are allowed beyond those listed above.
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.
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 -63001 FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Brian Williams
DWR # 14 -0437
Buffer APPROVAL
Page 2 of 3
4. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erasion Control Planning and Design Manual.
5. 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.
6. This approval does not authorize any removal of trees.
7. 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.
8. Any access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition prior to the project.
9. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer.
10. Work is to be conducted from land.
11. 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).
12. 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 /pncdeno / ermits a 11forms) 1_ L b 0 a
13. This authorization shall expire five (5) years from the date of this letter.
This authorization approval and its conditions are final and binding unless contested.
This 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.ricoall.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).
Brian Williams
DWR # 14 -0437
Buffer APPROVAL
Page 3 of 3
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: 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 the Catawba Riparian Buffer Rules as described in
15A NCAC 02B .0243. Please contact Shelton Sullivan at 919 - 807 -6361 or shelton.sullivan@ngdgnE,g_av or
myself at (919) 807 -6360 if you have any questions or concerns.
Sincerely,
Karen Higgins, Super visor
401 & Buffer Permitting Unit
KAH /sos
Enclosures: Certificate of Completion Form
cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
USACE Asheville Regulatory Field Office
DWR MRO 401 files —email copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 140437BrianWilliams21409BalticDrCorneliusLkNorman (Mecklenburg)_CRB