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HomeMy WebLinkAbout20140950 Ver 1_Approval Letter_20140917AF15VA 1V4V iA NCDENR North Carolina Department of Environment and Natural Resources September 17, 2014 David Lowder 25687 Presston Lane Albemarle, NC 28001 John E, Skvarla, III Secretary DR # 14-0950 Stall County Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization, 388 Foreman Drive, Norwood, Lake Tillery Dear Mr. Lowder, You have our approval for the impacts listed below for the purpose described in your application dated September 4, 2014 and received by the Division of Water Resources (Division) on September 8, 2014. These impacts are covered by the Water Quality General Certification Number 3898 (attached) and the additional conditions listed below. This certification is associated with the use of General Permit Number GP198200030 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 enclosed certification, the general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification 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 Open Waters - above normal pool 180 sq. ft. Open Waters - below normal pool 120 sq. ft. Division of Water Resources — 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-6300 i FAX: 919-807-6494 Internet: vvwvv.ncvvaterquafity,cirg An Equal Opportunity's Affirmative Action Employer — Made in part by recycled paper David Lowder DWR # 14-0950 4131 APPROVAL Page 2 of 3 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. 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 301, Mooresville, INIC 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. 5. The access corridor shall not exceed 10 ft. in width and shall be restored to its original condition prior to the project. 6. Work is to be conducted from land. 7. 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. (available at: hit; tsan po_rtal.ncdenr.org/ web /w� /sw r.org/web/w sw , ws 401�cer dpermitslapply forms) This approval and its conditions are final and binding unless contested. This Certification 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 as OAH). A petition form may be obtained from the OAH at http:Zlwww,ncoali.com/ or by calling the OAH Clerk's Office at (919) 431-3000 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). 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. David Lowder DWR # 14-0950 401 APPROVAL Page 3 of 3 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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Shelton Sullivan at 919-807-6361 or shelton.sulfiva.nL@ncde_nLLov if you have any questions or concerns. Sincerely, pv' Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH/sos Enclosures: GC 3898 cc: Eric Rouse, Duke Energy, PO Box 1551, NC RH 16, Raleigh, NC 27601 USACE Asheville Regulatory Field Office DWR MRO 401 email copy DWR 401 & Buffer Permitting Unit —file copy Filename: 1409SOLowder388ForemanDriveNorwoodLkTillery(Stanly)_401