HomeMy WebLinkAbout20140678 Ver 1_Approval Letter_20140707NICDENR
Pat McCrory
Governor
July 7,204
Joe McConkey
53QICemtedie|dLane
VVaxhow,N[28173
John E. SkVa[3'Hi
Secretary
DVVR#14-0678
Mecklenburg County
Subject: Approval of 40D Water Quality Certification and Catawba Riparian Buffer Impacts
with Additional Conditions; Shoreline Stabilization, 1552STu||oohRd, Charlotte, Lake
Wylie
Dear Mr. McConkey:
You have our approval for the impacts listed below for the purpose described in your application dated
June 26, 2014 and received by the Division of Water Resources (Division) on June 27, 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, nnn-discharge, and water supply watershed reQu|adoms.
This approval requires you to follow the conditions listed in the enclosed certification, the general permit
and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions uf 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 mf the existing shoreline but this approval does not allow any extension of
the shoreline into the lake.
Type of Impact Amount Approved Amount Approved
(sq. ft.) permanent (sq. ft.) temporary
Open Waters - above normal pool 147 sq. ft. na
Open Waters - below normal pool 441 sq. ft. na
Buffers —Zone 1 147 sq. ft. 1,176sq.ft.
Division of Water Resources -40& Buffer Permitting Unit
1617 Mail Service Center, Raleigh, Nmnh Carolina 27OQQ4017
Location: 512W. Salisbury St. Raleigh, Norlh Carolina 27604
Phone! Q1{-804B00\ FAX: 819-807'6494
|nbamnet:vmwwvmwaterqumN9,org
An Equal Oportunily\ Affirmative Action Ennftyer -Made in part by recyded papef
Joe McConkey
ovvn#z4-0s7n
401/ouffe,»ppnovxL
Page 2of3
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, |f 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.
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
cononoemreo.
4. No additional impacts are allowed beyond those listed above and as described in your
application. Trees that are undermined orleaning can be removed and minimal shaping
and sloping along the immediate 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
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 from land.
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 15ANCA[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://portal.ncdenr.oriz/web/wo/swo/ws/401/"certsandpermits/`apply/forms)
This approval and its conditions are final and binding un|esscontested.
This [erdfication/8offer4uthohoation can be contested as provided in Articles 3 and 4 uf Genera | Statute
15O8byfiling a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known asOAH). 4 petition form may be obtained from the {)AHat or by
calling the OAH Clerk's Office at(919)431-3UOO for information.
Within sixty (6N calendar days of receipt of this notice, a petition must be filed with the [AH.A petition is
considered filed when the original andqoe(1)cnpya|ongvvhhamyapp|icableUAH0ingfeeisreceivedin
the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
Joe McConkey
DWRwz4-067*
401/eufferxppn0vwL
Page 3 of 3
The petition may be faxed to the D4Hat(919)4]1-]1OO provided the original and one copy uf 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 woUIPostal Service, if sending via delivery service (UPS, FeoEx,etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, N[27699-6714 Raleigh, NCZ7G09'8ZQ5
One (1} copy ofthe petition must also beserved toDENR:
Lacy Presme|l, General Counsel
Department of Environment and Natural Resources
1G01 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 inl5ANCACO28.O243. Please contact memr Shelton Sullivan at919-
807-6361 or if you have any questions orconcerns.
s
Enclosures: GC 3898
cc: Randy Clawson, Clavnsons Pile Driving and Construction, 58O5FiestaRd°C|uver,SC29710
Duke Energy Lake Services, PO Box 1OOO, Charlotte, N[28201'2O06
U5A[E Asheville Regulatory Field Office
DVVRK4RO401 files — email copy
0VVR4U1& Buffer Permitting Unit
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