HomeMy WebLinkAbout20140672 Ver 1_Approval Letter_20140707NCDENR
North Carolina Department of Environment and Natural Resource�
Pat McCrory
Governor
July 7,Z04
Marty Little & Jane Eason
1O2 Spindle Drive
Maiden, NC 28650
John E. SkVa[8. III
Secretary
DVVR#14-0672
Cataviba County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts
with Additional Conditions; Shoreline Stabilization, 8S85 Oakwood Circle, ShemriUs
Ford, Lake Norman
Dear Mr. Little and Ms. Eason:
You have our approval for the impacts listed below for the purpose described im your application dated
June 22, 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, non-discharge, and water supply watershed regulations.
This approval requires you tofollow the conditions listed im 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 of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. Please note that this approval ie 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 (sq. ft.) permanent
Open Waters - above normal pool
420 sq ft.
Open Waters - below normal pool
280 sq. ft.
Buffers - Zone 1
420 sq. ft.
Division of Water Resources -40& Buffer Permitting Unb
1617 Mail Service Center, 8
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-6300 � FAX: 91M07-6494
Internet: vmwm.nnwaomqum;ityorg
An Equal Opportunity k Affirmative Action Employer — Made in part by recycled paper
Little and Eason
nvvn#14-0672
401/mvffe/4ppm0vwL
Page oof3
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 ofthe
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
[crti0cation/Authorizotionamd 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 inyour
application. Trees that are undermined or leaning can be removed and minimal shaping,
and sloping along the immediate shoreline isallowed.
5. Beaches, impervious patios, impervious walkways, etcaneomt 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.
7, All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer.
8. Work is to be conducted from land.
Q. 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 NCACO28 .O243(5).
Dl 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://i)ortal,ncdenr.org/web/wci/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 4of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known ay0AN). A petition form may be obtained from the OAHat or by
calling the O4H Clerk's Office at(9l9) 431-300U for information.
Within sixty (60) calendar days of receipt of th�io notice, u petition must be filed with the [AH.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).
Little and Eason
DVVx#14'N57z
401/auMe/^PPmOVAL
Page 3 of 3
The petition may be faxed to the 0AHat(919)431J100, 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 UI Postal Service: /f sending via delivery service (U/S,FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
G714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-8714 Raleigh, N[27689-6285
One (1) copy of the petition must also be served to DENR:
Lacy PresneU, General Counsel
Department of Environment and Natural Resources
16O1 Mail Service Center
Raleigh, NC27599'16O1
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in15AN[ACO28.U243. Please contact Shelton Sullivan at9l9`887~6361
or if you have any questions orconcerns.
KAH/sos
Enclosures: GC 3898
cc: Duke Energy Lake Services, PO Box IOOG Charlotte, NC282O1-1OO6
WSACE Asheville Regulatory Field Office
DVVRMRQ481 files — email copy
DVVR4Q18i Buffer Permitting Unit
Filename: 140672LittleEason89350akwoodCircleSherrillsFordLkNorman(Catawba)-401—CRB