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Home My WebLink About20140967 Ver 1_Approval Letter_20140917HCDENR North Ca[O|'Da Department nfEnvironment and Natural Resources September 17, 2014 Ryan Miller c/o Sisters Cove ofU<N LLC P0 Box 3965 Mooresville, NC2O117 John E, SkV8da, III Secretary DWR#14-O987 Iredell County Subject: AFTER-TNE-FACY Approval of4OI Water Quality Certification and Catawba Riparian Buffer Impacts with Additional Conditions; Shmreline Stabilization, Lot 53 Sisters Cove, Mooresville, Lake Norman Dear Mr. Miller: You have our approval for the impacts listed below for the purpose described in your application dated September 5, 2014 and received by the Division of Water Resources (Division) on September 10, 2014. These impacts are covered by the Water Quality General Certification Number 3898 (attached), Catawba Buffer Rules and the additional conditions listed below, This certification is associated with the, use of 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, nmm4schaq0e, and water supply watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and Beneoa| conditions of the Certification and Buffer Rules are met. Nn other impacts are approved, including incidental impacts. Please note that this approval fs for the repair and stabilization ufthe e,uist|nQ 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 Open Waters - below normal pool 123 sq. ft. 369 sq. ft. Buffers — Zone 1 123 sq. ft. Division of Water Resources -4N& Buffer Permitting Unit 1817 Mail Service Center, Raleigh, North Carolina 27898-107 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phona81Q-887'63O0\FAKS19-807-64B4 |nharn*tvmxwoowetenquo|iry.org An Equa� Opportunity � Affirmative Action Employer — Made in part by recycled paper Sisters Cove ofmmuC ovvn#z4-096r 4pTsn-THs+AcT4oz/eufferAPPROVAL Page 2of3 This approval is for the purpose and design described hn your application. The plans and specifications for this project are incorporated by reference as part of the Certification / Authorization. |f 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 (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced, 4. Nn additional impacts are allowed beyond those listed above and es described inyour appHcmtion. Trees that are undermined ur leaning along the immediate shoreline can be removed and minimal shaping and sloping isallowed. 5. 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, 6. The access corridor shall not exceed 10 ft. in width and shall be restored to its original condition prior tm the project. All staging, including spoil, stockpile and construction material, shall occur outside ofthe omrnsr. 8. Work isto be conducted from land and from water by barge, 9. 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 15A NCA[02R.D243/S>. 10i 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: http:,//"porta�.ncdenr.org/web/`wc This approval and its conditions are final and binding unless contested. Please be aware that by having impacted waters and buffers without first applying for and securing the issuance of a 401 Water Quality Certification and Catawba Buffer Authorization, you have violated Title 15A of the North Carolina Administrative Code (NCAC): 02H .05�O and Title 154INCACO20 .0243. Pursuant to6'S. 143-21S-6A, these violations and any future violations are subject toocivil penalty assessment ofup tma maximum of$2G,00O.UD per day for each violation. This Certification/Buffer 4uThnrizationcanbecontestedasprnvijedimArticles3and4ofGenema|Statute 15OBbvfiling a written petition for am administrative hearing to the Office of Administrative Hearings (hereby known asO4H). A petition form may be obtained from the QAHat or by calling the QAH Clerk's Office at(919)431-3OQ0 for information. Sisters Cove of LKN LLC DWR # 14-0967 xFrEn-THE-FxCT4$1/BunerAPPROVAL Page aofs Within sixty (68)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-.00pim, excluding official state hoUdays). The petition may be faxed bo the 8ARat(919)431-32OO provided the original and one copy nf 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, Fed£x, etc): Office nf Administrative Hearings Office af Administrative Hearings 6714 Mail Service Center I711 New Hope Church Road Raleigh, NC27699-6714 Raleigh, N[Z7609-6Z85 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-I601 This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules as described inl5A N[A[02B.O243. Please contact Shelton Sullivan at91B-807-6361 or # you have any quesdomsorconcerns. Sincerely, ^ Q~� Karen Higgins, Supervisor 4Ol& Buffer Permitting Unit Enclosures: GC 3898, Certification of completion form cc: Chip Bridges, [B[ Custom Seawalls, 638UakhdQe Farm Highway, Mooresville, NC28215 Duke Energy Lake Services, PD Box I0O6' Charlotte, N[2O201-10!06 USA[E Asheville Regulatory Field Office DVVRMRO481 files — email copy DWR481& Buffer Permitting Unit Filename: 14O967KyanMQ|erLt53Si»tergCovePintoHdK4oeresvU|eLkNurmamUrede||> 4QI_[RB