HomeMy WebLinkAbout20140679 Ver 1_Approval Letter_20140812ALTii'-KtAwA
NCDENR
North Carolina Department of Environment and Natural Resourcl
August 12, 2014
Brian C.Holt
2473VVe|lesbourmeLane
5hemriUs Ford, NC20673
John E. SkV@rla`UI
Secretary
Subject-. Approval of4O1 Water Quality Certification and Catawba Riparian Buffer Impacts
with Additional Conditions; Shoreline Stabilization, 2473VVeNesbmurne Lane, SherdUs
Ford, Lake Norman
Dear Mr. Holt:
You have our approval for the impacts listed below for the purpose described in your application dated
June 24, 2014 and received by the Division of Water Resources (Division) on June 27, 2014 with additional
information received om July 9, July 1O and July 3O,2O14. 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 orlocal 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 foUowingimpacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. Wo 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
700 sq. ft. (wall, backfill, stairway):
Open Waters - below normal pool
720 sq, ft. (wall, backfill, riprap, 3 ft, x 240 ft)
Buffers —Zone 1
700 sq, ft.
Division of Water Resources —4O1&Buffer Permifting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N Salisbury St, Raleigh, North Carolina 27604
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An Equal Opparrunity \ Affirmative Action Employer — Made in pad by recycled paper
Brian cHolt
Dvom#14-067g
401/ooffwrwPPx0v4L
Page 2uf 3
l This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference a» part mfthe
Certification/Authorization. |f you change your project, yoommustnoTifytheDivisiVnand
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 cons ructiomettheapproved impact areas has
4. Trees that are undermined or leaning can be removed and minimal shaping and sloping
along the immediate shoreline is allowed. According to the Catawba Buffer Rules 1SA
NCAC 02B .0243, you are allowed to thin underbrush, shrubs, and limbs up to 50% of
individual tree height to enhance a lake view provided that soils are undisturbed, diffuse
flow is maintained and that no stems of woody vegetation larger than 3" DBH (diameter at
breast height) are toberemoved.
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
requirements.
6. The access corridor shall not exceed lO ft. in width and shall be restored to its original
condition prior tn the project.
7. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer.
8. Work isto be conducted from land.
9. All sturmwater shall be directed as diffuse msheet flow (not piped) atnon-erosive
velocities through the protected lake buffer and should not re-concentrate before
discharging into the lake as identified within 15AW[4[O28.8Z43(5).
10. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR 401 and Buffer Permitting Unit within ten days ofproject completion.
(available at: httpilportal.ncdenr.orglweblwq/swpLwsL40ILcertsandpermitsLapply�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 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known aSOAH). A petition form may be obtained from the OAHat or by
calling theC)AH 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 |a
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
Brian C. Holt
DWR # 14-0679
401/Buff er APPROVAL
Page 3 of 3
official state holidays).
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 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 US Postal Service: if 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, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 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 in 15A NCAC 02B.0243. Please contact Shelton Sullivan at 919-807-6361
orshelton.sulliva n ncdenr.gov if you have any questions or concerns.
KAH/sos
Enclosures: GC 3898
cc: Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWR M RO 401 files — email copy
DWR 401 & Buffer Permitting Unit
Filename: 140679Holt2473WellesbourneLaneLkNorman(Catawba)-401—CRB