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Home My WebLink About20140533 Ver 1_Approval Letter_20140611t • "'ILE COPY p n, � r� CDE �j R North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III — Governor Secretary June 11, 2014 - DWR # 14 -0533 Iredell County Ryan Miller - SLF II NC Magnolia Bays JV LLC PO Box 3965 Mooresville, NC 28117 Subject: Approval of 401 Water Quality Certification, and Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Stabilization, Lot 52 Sisters Cove, 108 Pinto Rd, Mooresville, Lake Norman- _ Dear Mr. Miller- You have our approval for the impacts listed below for the-purpose described in your application dated April 15, 2014 and received by the Division of Water Resources (Division) on May 27, 2014 with additional information received on June 9, 2014. 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 and expires on the same day. 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: 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. Please note that this approval is for the repair and stabilization of the existing shoreline but this approval does not allow any extension of the shoreline into the lake Type of Impact Amount Approved (sq. ft.) permanent Open Waters - above normal pool 126 sq ft Open Waters - below normal pool 315 sq. ft. Buffers – Zone 1' 126 sq. ft Division of Water Resources - 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919 - 807 -63001 FAX 919 - 807 -6494 Internet vvvvvv ncwaterquallty org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper t SLF II NC Magnolia Bays 1V LLC DWR # 14 -0533 401 /Buffer APPROVAL Page 2 of 3 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 anew 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 and as described in your application. Trees that are undermined or leaning along the immediate shoreline can be removed and minimal shaping and sloping 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 from land and 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). 10 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: / /Porta 1. ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms) 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 SLF II NC Magnolia Bays JV LLC DWR # 14 -0533 401 /Buffer APPROVAL Page 3 of 3 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: 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, Karen Higgins, Super isor 401 & Buffer Permitting Unit KAH /sos Enclosures GC 3898 cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006 USACE Asheville Regulatory Field Office Chip Bridges, CBC Custom Seawalls — email copy DWR MRO 401 files — email copy DWR 401 & Buffer Permitting Unit Filename 140533RyanMlllerLt52SistersCove108PintoRdMooresvilieLkNorman (Iredell)_401_CRB