HomeMy WebLinkAbout20140465 Ver 1_Approval Letter_20140730,A
NCDENR
K]OrthCor�'0a Department of Environment and Natural Resources
July 30, 2014
Chris Smith
P] Box 261
King, NC 27021
John E. SkVarl@^III
Secretary
D@VR#14-Q465
Iredell County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts
with Additional Conditions; Shoreline Stabilization, 169 Rehobeth Lane, Mooresville,
|redeU, Lake Norman
Dear Mr. Smith:
You have our approval for the impacts listed below for the purpose described in your application dated
April 23, 2014 and received by the Division of Water Resources (Division) on May 5, 2014 with additional
information received on July 14 and July 25'2O1q. These impacts are covered by the Water Quality General
Certification Number 9O98(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 bv (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.) permanent
Open Waters - above normal pool
Open Waters - below normal pool
560 sq. ft.
840 sq. ft.
Buffers - Zone 1
560 sq. ft.
Division of Water Resources -401& Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 5/2m. Salisbury St, Raleigh, North Carolina u604
Phone: S1D-807-63C0\ FAX: 81H07-64A4
|ntornot:vwvw.mcwatenqua|ity.org
An Equal Opporlumty � Affirmative Action Employer - Made in part by recyded paper
Chris Smith
umwR*1*'046s
401/oopFsnAppnnvAL
Page 2 of 3
This approval is for the purpose and design described io your application. The plans and
specifications for this project are incorporated bv reference als part ufthe
Certification/Authorization. If 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.
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. Trees that are undermined or leaning can be removed and minimal shaping andsloping
along the immediate shoreline is allowed.
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved tmtheDivisi000rmostmeet 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
8. Work is to be conducted from water.
9. All stonnwmtershaU 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 154NC4CO28.OZ43(5).
1Q 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�l/portal,ncderir.org/web/wq/swp/`ws/"4QVcertsgpdpermits apply�forrns)
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 asOAH). /\ petition form may be obtained from the QAHat orby
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 is received in
the OAH during normal office hours (Monday through Friday between 8:00arn and 5:00pm, excluding
official state holidays).
Chris Smith
own#z4-04ss
401/BUFFE*mpPROVAL
Page anfs
The petition may be faxed to the 0AH at <919\ 431-3100 provided the original and one copy of the petition
along with any applicable QAH filing fee is received by the UAH within five (S) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via L8 Postal Service: /f 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, NCJ7699-6714 Raleigh, NC276O9-G385
One (1) copy of the petition must also be served to DENR:
Lacy Presne|[ General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, N[27699-I6Q1
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
y if you have any questions or concerns.
Sincerely,
4"
Karen Higgins, Supet
401 & Buffer Permitting Unit
Enclosures: G[3808
CC' Shannon Miller, Lake Norman Dredging, PO Box 3156, Mooresville, N[28117
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
USACEAshevi|le Regulatory Field Office
DWRMRO481 files —email copy
DVVR401Oi Buffer Permitting Unit
Filename: 14046SChrb5mithl69RebnbethLaneLkNorman(�ms|eU[_,401_CKB