HomeMy WebLinkAbout20140795 Ver 1_Approval Letter_20140812A=4
*A
�&*o
NCDEN
North Carolina Department of Environment and Natural Resourcl
August 1I'2O14
Gregory 5.Rushing
1445 North Main Street
Mooresville, 0C28115
Subject- Approval of 401 Water Quality Certification with Additional Conditions; Shoreline
Stabilization, Lot 108 Lake Tillery Estates, Norwood, Lake Tillery
Dear Mr. Rushing:
You have our approval for the impacts listed below for the purpose described in your application dated July
21, 2014 and received by the Division of Water Resources (Division) on July 28, 2014. These impacts are
covered by the Water Quality General Certification Number 3898 (attached) and the additional conditions
listed below, This certification is associated with the use of General Permit NumnberGP30 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 mr local permits before proceeding with your project, inc/ud|mgthoserequiredby
(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 nf the Certification are met. No other impacts are approved, including
incidental impacts. Pqeaee note that this approval is for the repair and stabilization ofthe
existing shoreline but this approval does not allow any extension of the shoreline into the
Type of Impact Amount Approved (sq. ft.)
permanent
Amount Approved (sq. ft.)
temporary
Open Waters - above normal pool 304 sq. ft.
na
Open Waters - below normal pool 304 sq, ft.
na
Division of Water Resources -401&Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 275D81817
Location: 512N Salisbury St. Raleigh, North Carolina 27604
Phone: A18�8U7-63O8\FAX: 919-807-6404
|nUameL vmxwvomweterquaNy.ong
An Equal Oipponurd� � Affirmative Action Employer - Made in part by recycled paper
Gregory S. Rushing
ovxxwz4-0rys
401xPPnOVAL
Page 2of3
2. This approval is for the purpose and design descrbedinyouraAp8catk»n. The plans and
specifications for this project are incorporated bv reference as part ofthe
Certification/Authorization. |f 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/Awthor|zationand is responsible for complying with all conditions.
I 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 and sloping
along the immediate shoreline is allowed
5. The access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition prior to the project.
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.
This approval and its conditions are final and binding unless contested.
This Certification Authorization can be contested as provided in Articles 3 and 4 of General Statute I50B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known asQAH). A petition form may be obtained from the O4Hat orbycalling
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 0AH. 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 ho|idayn ).
The petition may be faxed to the OAHat(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 UIPostal Service: if sending via delivery service (UPS,Fed2x, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, N[27699-6714 Raleigh, NC 27609-5285
Gregory S. Rushing
ovv*wz4-n795
4014ppwOvAL
Page 3vf3
One (1) copy of the petition must also be served to DENR:
Lacy Presne|� General Counsel
Department of Environment and Natural Resources
l6U1 Mail Service Center
Raleigh, NCZ7699-16D1
This letter completes the review of the Division under section 401 of the Clean Water Act, Please contact
Shelton SuUivanet9I9-8O7-63G1mr if you have any questions orconcerns,
&4H/sos
Enclosures: GC 3898
cc: Eric Rouse, Duke Energy, PQ Box 1551NCRH16,Raleigh, NC 27601
USALE Asheville Regulatory Field Office
DVVRMRO4O1 files — email copy
DVVR4O1& Buffer Permitting Unit
Filename: I40795GnegoryRudhinQbu1OALkTUeryEstatesLkT�bryStan|y[4Ol