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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