HomeMy WebLinkAbout20140859 Ver 1_Approval Letter_20140825MR
North Carolina Department of Environment and Natural Resourcl
Pat McCrory
Governor
August 25, 2014
SteveVaca|is
1J3 Kelly Cove Ct.
Mooresville, NC 28117
John E. SkVarla III
Secretary
DVVR#14-0859
Iredell County
Subject- Approval mf401Water Quality Certification and Catawba Riparian Buffer Impacts
with Additional Conditions; Shoreline Stabilization, 122 Kelly Cove [t, Mooresville,
|nede8, Lake Norman
Dear Mr. Vaoa|is:
You have our approval for the impacts listed below for the purpose described io your application dated July
31, 2014 and received by the Division of Water Resources (Division) on August 11,ZQ14 with additional
information received un August 25,2014. These impacts are covered by the Water Quality General
Certification Number 3O98(a11oched), Catawba Buffer Rules and the additional conditions listed below.
This certification is associated with the use of Regional Permit Number 1982OD03O issued bv the �.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 tofollow 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 gf 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, of the existing shoreline but this approval does not allow any extension of
the shoreline into the lake,
Type of Impact
Amount Approved (sq. ft.)
permanent
Amount Approved (sq. ft.)
temporary
Open Waters - above normal pool
84 sq. ft. (2 ft. x 42 ft.)
NA,
Open Waters - below normal pool
168 sq. ft (4 ft. x 42 ft.)
NA
Division oY Water Resources —4O1& Buffer Permitting Unit
1G17 Mail Service Center, Raleigh, North Carolina 27699-1617
Locafion� 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-6300 � FAX: 91M07-6494
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This approval |s for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
CertiDcadVn/4u1hohzatiVm. Kf 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.
The Division Mooresville Regional Office (6I0 East Center Avenue, Suite 381 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 in the buffer unless
specifically approved by the Division or must meet the Catawba Riparian Buffer Rule
requirements.
8. 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
buffer.
8. Work is to be conducted from land.
All stonnwatershaU be directed as diffuse or sheet flow (mot piped) at non-erosive
velocities through the protected lake buffer and should not re-concentrate before
discharging into the lake as identified within 1SAW[ACO28.0243/5\.
10. 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/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 asC)AH). A petition form may be obtained from the OAHat or by
calling the O4H Clerk's Office at(91g)431-3OOO 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 OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays),
Stevevacafis
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The petition may be faxed to the0AH at (919) 431-3100, provided the original and one copy of the petition
a|ongwkhanyappKicab|eOAHfiUngfeeisnaoeivedbytheQAHvwhhinfive(5)businessdaysfm||nxvingLhe
faxed transmission.
Mailing address for the OAH:
if sending via LS Postal Service: If sending via delivery service (UpIFeo�, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC27699'6714 Raleigh, NC276Q9'6Z85
One (1) copy of the petition must also beserved toOEMR:
Lacy PresneH, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC27699-1681
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 N[A[02B .0243. Please contact Shelton Sullivan at 919-807-6361
or shelton.sulljvanCcDncdenr.gov if you have any questions urconcerns.
cc: Michae|Degner, Rowboat Dock & Dredge, 858Williamson Road, Mooresville, NC 28117
Duke Energy Lake Services, R] Box 10O6 Charlotte, NC 28201-1006
US4CE Asheville Regulatory Field Office
DVVRMRC)4Q1files
DWR 401 & Buffer Permitting Unit — file copy
Filename: 140859Vaca|is122Ke|iy[nweCtMoonsw|leLkNorman(Irede|l)_401_CR0