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Home My WebLink About20140917 Ver 1_Approval Letter_20140903ALT-TMA TA N0nth Carolina Department nfEnvironment and Natural Resources September 3, 2014 1umieRolewicz 167O9 Tinker Place Cornelius, NC28O]1 John SKV@rl@. iQ Secretary DWR#14{)917 Mecklenburg County Subject: AFTER-THE-FACT Approval of 401 Water Quality Certification and Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Stabilization, 167U�9 Tinker Place, Cornelius, Lake Norman Rolewicz- 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 Z5,2014. These impacts are covered by Water Quality General Certification Number 3898 (attached), Catawba Buffer Rules, and the additional conditions listed below. This Certification is associated with the use nf 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 General Certification, the General Permit and the following additional conditions: The Division's Mooresville Regional Office (610 East Center Avenue, Suite SO1 Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are nmet. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (sq. ft.) permanent Amount Approved (sq. k) temporary Open Waters - above normal pool 450 sq. ft. (150 ft. x 3 ft.) NA Open Waters - below normal pool 150 sq. ft. (150 ft. x 1 ft) NA Division of Water Resources -4U1& Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 2788Q1817 Location: 512N.Salisbury St Raleigh, North Carolina 27604 Phone: 018-8O7-630$\ FAX: A18-807-6484 |n\enmet�vwvw.nuwmt*r4ua0b/.orA An Equal OpportuNty � Affi�malive Action Employer - Made in part by recycled paper Jamie Rolewicz z6709 Tinker Place oWnmz4-0gz7 4FTEn-TnspA[T4Uz/eufferApproval Page zof3 This approval is for the repair and stabilization of the existing shoreline and the restoration within Zone 1mfthe Catawba River buffer as detailed |m your application and as agreed upon by staff with the Mooresville Regional Office. The buffer restoration can either be performed concurrently during construction of the shoreline stabilization, measures or immediately upon completion of the stabilization measures. This approval does not allow for any extension of the shoreline into the lake or project boundary. 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. |f the property |s sold, the new owner must be given a copy of this approval letter and Certification/Authorization and is responsible for complying with all terms and conditions of this Certification. 4. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division or meet the Catawba Riparian Buffer Rule requirements. 5. The access corridor shall not exceed 1U-fe*e im width and shall be restored 10 its original condition oras required by the application. 6. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer. 7 All stabilization work is to be conducted from land and from water with barge. O. All stornnvvetershoU be directed as diffuse or sheet flow (not piped) at non-erosive velocities through the protected lake buffer and should not re-concentrate bef�re discharging into the lake as identified within 15A NCA[02B .0243(5). 9. The applicant and/or authorized agent shall complete the attached Certificate of Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. Completion of this Certificate will indicate that the shoreline stabilization activities and the restoration of the buffer have been completed as detailed in your application. This approval and its conditions are final and binding unless contested. Please be aware that hyhaving impacted waters and buffers without first applying for and securing the issuance ofa4Q1 Water Quality Certification and Catawba Buffer Authorization, you have violated Title 15A of the North Carolina Administrative Code (NCAC) O2H.05OO and Title 154NCAC 02B-0243- Pursuant tuG'S-143'215.G4^these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $2S,UOm.0O per day for each violation. This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1SOB by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known asOAH). Apetition�m�mmnaybeobtainedfoomotheQAHot or by calling the O4H Clerk's Office at (919) 431-3000 for information. Jamie nulew|cz1670s Tinker Place DWn#14-09z7 xpTsn'T*s-p4CT40z/nv*erApproval Page 3uf3 Within sixty /6O\ calendar days of receipt uf this notice, a petition, must be filed with the OAH. A petition is considered filed when the original andone(1)cnpya|omgwithanyapp|icab!eDAHfihngfeeismeceivedin the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAHat(919) 431-310O 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 UJ Postal Service: if sending via delivery service (UPS, FedBx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, N[27699-6714 Raleigh, NL27689-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department nf Environment and Natural Resources 16O1 Mail Service Center Raleigh, NCZ7699-16,01 This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules as described in15ANCACO28.U243. Please contact Shelton Sullivan aL919-887+63G1 or if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit Enclosures: G[3898, Certificate uf Completion Form oC Chip Bridges, CB[ Stone and Recycle, 638Oakrid0e Farm Hwy, Mooresville, 0CZ8115 Duke Energy Lake Services, PO Box 1OQ6, Charlotte, NC282OI'1OOG U5ACE Asheville Regulatory Field Office DWRK4KO4O1files DVVR401& Buffer Permitting Unit — file copy Filename: 140917Rolewiczl6709TinkerPlaceCorneliusLkNorman(Mecklenburg)_401_CRB