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HomeMy WebLinkAbout20140826 Ver 1_Approval Letter_20140812August 12, 2014 Anthony Earley 227VVUdvvood Cove Drive Mooresville, NC 28117 John E.SkVaF@. III Secretary Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with Additional' Conditions; Shoreline Stabilization, 722 Morrison Farm Rd., Mooresville, |redeN, Lake Norman Dear Mr. Earley: 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 August 4, 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 certificaltion, the general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and ,gemera|conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. Please note that this approval Js for the repair and stabilization mf the existing shoreline but this approval does not allow any extension of the mhomeUine into the lake. Type, of Impact Amount Approved (sq. ft.) permanent Open Waters - above normal pool Open Waters - below normal pool 300 sq. ft. 900 scl ft. Buffers —Zone 1 300 sq. ft. Division of Water Resources -401&Buffer Permitting Unit 1017 Mail Service Center, Raleigh, North Carolina 27699-16 17 Location: 512N. Salisbury St. Raleigh, North Carolina 276U4 Phone: Q198V7-6300\ FAX: A1A-887-64S4 !ntemnat:vmmwv.mowatenlua|ity.org w Equal o»poqumty'� Affirmative Action pmlploye�- Made /,part by recycled paper Anthony Earley mWnw1+OO26 401/eUprEn^ppnov4L Page 2uf3 2. This approva8is for the purpose and design described im your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. |f you change your project, you must notify the Division and you may be required tosubmit a new application package with the appropriate fee. if the property is sold, the new owner must be given a copy Vf 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 and sloping along the immediate, shoreline is allowed. Beaches, impervious patios, impervious walkways, etc. are not allowed |m the buffer unless specifically approved bm the Division mr must meet 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 isto be conducted from land and water. 9. All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive velocities through the protected |eke buffer and should not re-concentrate before discharging into the lake as identified within 15AN[ACB2B0243(S). 10, The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR4U1 and Buffer Permitting Unit within ten days of project completion. (available at: http:/Zportal,ncdenr,org/web/­­­wq/­­swplws/­401/certs.andpermits/­op This approval and its conditions are final and binding unless contested. This Certification/Buffer Authorization can be contested asprovided im Articles 3 and 4of 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 hIIpIJwww.ncoah.com I or by calling the OAH Clerk's Office et(919)43l-3OOO for information, Within sixty 860\ calendar days of receipt of this notice, a petition must he filed with the 0A0. A petition is considered filed when the original amdome/1\mzpya|onBvvithanyapp|icaNeOAH#Ungfeeisreceivedin the OAH during normal office hours (Monday through Friday between 8:00am and 5:00prn, excluding official state holidays). Anthony Eariey mvvn#z4*mzu 401/oUFFenApPnovAL Page 3,ufJ The petition may be faxed to the 0AHat(919)431-3100, provided the original and one copy mf 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 USPostolSemice- 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, IN[27G99-6714 Raleigh, N[Z7689-b38S One (1) copy of the petition must also be served to DENR- LacyPresneVL General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC276�99-16O1 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 or shelton.sullivan@ncdenr.gov if you have any questions or concerns. KAH/sms Enclosures: GC 3898 cc: Chip Bridges, [8[ Shorelines, 6300akridge Farm Hwy, Mooresville, N[28125 Duke Energy Lake Services, P3 Box 10O6 Charlotte, N[202O1-10OG USACE Asheville Regulatory Field Office DVVRK4HO401 fi|es — erneiUcmpy OVVR4D1& Buffer Permitting Unit Filename: 148826Eadry722KAorrisonFannRdW1oomyv|ke(|redel)_401_CRB