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HomeMy WebLinkAbout20140699 Ver 1_Approval Letter_20140723A LVA -VA NCDENR North rolina Depaqrnent of Environment and Natural Resources Pat McCrory Governor July 23, 2014 Andrew Lee Sherrill 2508 South Chipley Ford Road Statesville, NC 28625 John E, Skvarla, III Secretary. FAT Subject: AFTER THE FACT Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Stabilization, 2234 Clyde Road, Catawba, Lake Norman Dear Mr. Sherrill: You have our approval for the impacts listed below for the purpose described in your application dated June 27, 2014 and received by the Division of Water Resources (Division) on July 7, 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, 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 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.) Amount Approved (sq. ft.) permanent temporary Open Waters - above normal pool 630 sq. ft, n:a Open Waters - below normal pool 315 sq. ft. na Buffers — Zone 1 630 sq. ft. 520 sq. ft. Division of 'Nater Resources - 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 t FAX: 919-807-6494 Internet: www,ncwaterqluality.org An Equal Opportunity t Affirmative Acton Employer - Made in part by recycled paper Andrew Lee Sherrill ovvnmz4-069g 40z/ewff evAPPROVAL Page 2mf3 This approval b 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, youmusLnmtifvtheDivisiunand 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 (610East Center Avenue, Suite 3O1,Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. 4. Trees that are undermined' or leaning can be removed and minimal shaping and sloping along the immediate shoreline isallowed 5. Beaches irmperviouspmtios impervious walkways, etc. are not allowed io the buffer unless specifically approved by the Division or must meet the Catawba Riparian Buffer Rule requirements, 6. The access corridor shall not exceed 1Oft. in width and shall berestored to its original condition prior to the project. 7. All staging, including spoil, stockpile and construction matehakshaUoccuromtsideofthe buffer. 8. Work is to be conducted from land. 9. All stoonmutershaU 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 25AN[4[O2B.8I43(5). 10. The appl'icant a:nd/or authorized agent shall provide a completed Certificate of Completion Form to the DVVR401 and Buffer Permitting Unit within ten days of project completion. (available at: httg:)Yp 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 15O8byfiling a written petition for an administrative hearing to, the Office of Administrative Hearings (hereby known asQAH). A petition form may beobtained from the ()AHat or by calling the O4H Clerk's Office at(B19)431-3OQO for information, Within sixty (6Q) calendar days mf 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), Andrew Lee Sherrill ovvn# 1*-0699 401/eufferxppn0vAL 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 0AH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the O4H: If sending via US Postal Service: If sending via delivery service (UPS,FedEx, etc Office af Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC27699-G714 Raleigh, N[27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presne|k General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NCZ76�99-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules aa described im15ANCACOZB.U243. Please contact Shelton SuQkanat919-807-6361 or if you have any questions orconcerns. Enclosures: GC 3898 cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006 USACEAshevi|le Regulatory Field Office DWRMR]4Q1 files — email copy DWR4010^ Buffer Permitting Unit F|lenmme� 140699Sherr|U2234C|ydeRdLkNomnam(Cakawba)-401_CR8