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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 |nVannet:vmxwv,ncvwaterqum0y.orU An Equal Oppoqunity' AfrirmativE Action Employer — Made in part by recycled paper Ste*evaca|is ovvn#a4-085s 401/muFFsn4ppnnv4L Page zof3 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 ovvm#a4aasy 401/nmpFEnAppmOvAL Page 3ofa 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