HomeMy WebLinkAbout20140889 Ver 1_Approval Letter_20140825NiCDENR
North Caroilina Department of Environment and Natural Resources
August 25, 2014
Steve Leta rte
18420 Nantz Road
Cornelius, N[28U31
jOhM E. SkVarl2' II]
Secretary
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer impacts
with Additional Conditions; Shoreline Stabilization, 18420 Nall Road, Cornelius, Lake
Norman
Dear Mr. Letarte:
You have our approval for the impacts listed below for the purpose described in your application dated July
2, 2014 and received by the Division of Water Resources (Division) on August 15, 2014. These impacts are
covered by the Water Quality General Certification Number 3898 (attached), Catawba Buffer Rules and the
addiUnnal| conditions listed below. This certification is associated with the use of Regional Permit Number
l9O2ODQ3U issued by the U.S. Army Corps ofEngineers 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, nVn-diucharge, 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:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. Please note that this approval is for the repair and
stabilization ofthe existing shoreline but this approval does not allow any extension mf
the shoreline into the take.
Type of Impact Amount Approved (sq. ft.) permanent
Open Waters - above normal pool 240 sq. ft
Open Waters - below normal pool 80 sq. ft.
Buffers -Zone 1 240 sq. ft.
Division of Water Resources -401& Buffer PerlUnit
1817 Mail Service Center, Raleigh, NuMM Carolina 278OA1617
Locaiion�512Nr Salisbury St. Raleigh, Noah Carolina 27G04
Phone: 81Q-8U7-6300\ FAX: A1MO7-64g4
|mk*met: vmmwnowahorqma|ity.org
An Equal Opportunity � Affirmative Action Employer - Made lTi pa� by recycled paper
Steve Letarte
ovvnm14-088n
*01/ourpsn4ppnOvAL
Page 2 of 3
This approval |s for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference aspart of the,
Cert0catiun/4uthurbotion, if 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/Authorization and is responsible for complying with all conditions.
3. The Division Mooresville Regional Office (610 East Center Avenue, Suite 30,1, 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.
S. Beaches, impervious patiols, impervious walkways, etc. are not allowed in the buffer unless
specifically approved bv the Division or must meet the Catawba Riparian Buffer Rule
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 ofthe
buffer.
8. Work is to be conducted from land and from water with barge.
All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive
velocities through the protected lake buffer and should not re-concentrate before
discharging into the lake as identified within 15ANCAC8ZB.O243(S).
1O. The applicant and/or authorized agent shall provide a completed Certificate ofCompletion
Form to the 0NR4O1 and Buffer Permitting Unit within ten days of project completion.
(available at: http://portal.ncdenr.org/web/wq/swp/ws/`401/certsandpermits/apply/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 asUAN). A petition form may be obtained from the C>AHat or by
calling the OAH Clerk's Office at(919)431-3QOO for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAHfiling fee is received im
the OAH during normal office hours (Monday through Friday between 8:00am and 5.-OOpm, excluding
ofMda| state hoNdays).
Steve Letarte
DWR # 14-0889
401 /BUFFER APPROVAL
Page 3 of 3
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 276994601
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.sullivgnr@nr(IPnr --- - if you have any questions or concerns,
KAH/sos
Enclosures: GC 3898
cc: Chip Bridges, CBC Stone and Recycle, 638 Oakridge Farm Hwy, Mooresville, NC 28115
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWR MRO 401 files
DWR 401 & Buffer Permitting Unit — file copy
Filename: 140889 Leta rte18420N a ntzRdCornel i usLkNo rma n (M eckI en bu rg)-40 1—CRB