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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 |ntmlv*^*vocwmtenqum|dy.vng 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