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