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