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HomeMy WebLinkAbout20140860 Ver 1_Approval Letter_20140919A NCDENR North CaroIina Department of Environment and Natural Resources Pat McCrory Governor September 19, 2014 Josh and Tammy Airheart 2989 Old Salisbury Road Concord, NC 28025 John E. Skvarla, III Secretary DWR # 14-0860 Stanly County Subject- Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization, Lots 898 and 8919, Berry Hill Drive, Lake Tillery Dear Mr. and Mrs. Airheart, You have our approval for the impacts listed below for the purpose described in your complete application received by the Division of Water Resources (Division) on September 18, 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 625 sq. ft. (125 ft, x 5 ft.) Open Waters - below normal pool 375 sq. ft. (125 ft. x 3 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 t FAX 919-807-6494 Internet: www,ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper Josh and Tammy Airheart DWR 4 14-0860 401 APPROVAL Page 2 of 3 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, 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. 5. Work is to be conducted from land and from water by barge. 6. 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. See attached or this form is available at: 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 1.506 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:J/www.ncoah.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 8:00arn 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. Josh and Tammymrheart nvvn#z4*o60 401xPpnov4L Page sufa Mailing address for the OAH- If sending via US Postal Service: If sending via delivery service (UPS, FedEx,etc): Office of Administrative Hearings Office ofAdministrative Hearings 6714 Mail Service Center 17l1 New Hope Church Road Raleigh, NC 27699-0714 Raleigh, N[276O9-b285 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, NC27698-16Ql This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Shelton Sullivan at9l9-807'63b1or if you have any questions Vrconcerns. � Karen Higgins, Supervisor 401& Buffer Permitting Unit Enclosures: GC5898, Cert. of Completion Form cc: Eric Rouse, Duke Energy, PO Box 1551,NCRH16, Ra|eighNC27602 USA[E Asheville Regulatory Field Office DVVRK4RO4O1 email copy DVVR4U1& BUfferPernmittingUoit — fi|ecopy Rename: 140860Airhemrt&*x898amd899BerrVHi||DnNorwoodL&TUery(Stamly)_4Q1