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HomeMy WebLinkAbout20140999 Ver 1_Approval Letter_20141015North Carolina Department of Environment and Natural Resourcei October 15,3014 David and Lisa Jackson 3722 Performance Drive Charlotte, N[28214 John E. SkVah@,III Subject: Secretary Approval of4U1 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions; Shoreline Stabilization, 81288ayvievvLane, Belmont, Lake Wylie Dear Mr. and Ms. Jackson, You have our approval for the impacts listed below for the purpose described in your application! dated September 1, 2014 and received by the Division of Water Resources (Division) on September 19, 2014 with additional information received on October 7,2U14. These impacts are covered bv 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, 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: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. Nn other impacts are approved, including incidental impacts. Please note that this approval is for the repair and stabilization ofthe existing shoreline but this approval does not allow any extension mf the shoreline into the take. /1SAW[A[Q2H.05O8(b),1SANCACO2H.0507(c) and 15A Type mfImpact | Amount Approved (sq.ft.)permanent Open Waters - below full pond 390 sq. ft. (130 ft. x 3 ft.) Open Waters - above full pond 1,040 sq. ft. (130 ft. x 8 ft.) Buffers - Zone 1 1,040 sq. ft. Division oY Water Resources -4U1&Buffer Permitting Unit l6l7 Mail Service Center, Raleigh, Noah Carolina 27699-1617 Location: 5/zmSalisbury St. Raleigh, North Carolina zmv4 Phnoe�[MS-8O7-6380\ FAX: A19-8O7-64Q4 |nh*metvmxw.m«vaterqua|ity»pg An Equal Opportunity � Affirmative Action Employer - Made in part by recycled paper David and Lisa Jackson oWnw14-0g9s 401/euprsxxrrnOvxL Page 2uf3 This approval b for the purpose and design described /n your application. The plans and specifications for this project are incorporated bv reference as part ofthe 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. [15A NCAC O2H.O5O6 and 15AN[A[O2B.O243(8)] I The Division Mooresville, Regional Office (61UEalst Center Avenue, Suite ]01,Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. [15ANCACU2H.OS02(e)] 4. Trees that are undermined or leaning can be removed and minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)] 5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division and must meet the Catawba Riparian Buffer Rule requirements. [15A W[4[OIB .0243(4) and (G)] G. Any access corridor shall not exceed 10 ft. in width and -shall be restored to its original condition prior to the project. [15A NCAC 02B .0243(6)1 7. All staging, including spoil, stockpile and construction nmatedaLshaOoocurootsideufthe 8. Work is to be conducted from water by land as indicated in your application. [15A NCAC 02H .0502 and 15A NCAC 02B .0243(8)] 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. [15ANCA[0ZQ.O24](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. (available at: ) [15A NCAC 02H.0507 (c) and 15A NCAC 02B.0243(8,)] This approval and its conditions are final and binding unless contested. This Certification/Buffer AuthohzationconbecontestedasprovidedinAricles3end4ofGenera|Statute 150Bby filing a written petition for an administrative hearing tn the Office uf Administrative Hearings (hereby known asUAH). A petition form may be obtained from the OAHat or by calling the UAH Clerk's Office at (919) 431-3000 for information. Within sixty (6O) 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 David and Lisa Jackson ovvnwzu-0ssy 401/aUFFcnAppmov4L Page 3'f 3 the OAH during normal office hours (Mmnday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 43B100, 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. If sending via LS PostolJervic: if sending via delivery service (UPS, FedEx,etc): Office mf Administrative Hearings Office nf Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC27699-6714 Raleigh, NC27609-62Q5 One (1) copy of the petition must also beserved toDENR: John Evans, General Counsel Department of Environment and Natural Resources 1GQ1 Mail Service Center Raleigh, NC27G99-1601 This letter completes the review of the Division under section 401 of the, Clean Water Act and the Catawba Riparian Buffer Rules as described in15ANCACO2B .8243. Please contact Shelton Sullivan at918-807~G361 or if you have any questions orconcerns. Sincerely, � ^ Karen Higgins, Supervisor 4D1&, Buffer Permitting Unit KAH/sos Enclosures: G[3898; Certification of Completion Form cc Michael Spargo,N'NCHK4BLDR|nc.,8UDOVVa1en/ievv Drive, Belmont, NC28O12 Duke Energy Lake Services, PO Box 10Q6, Charlotte, NC28201-1O06 USACE Asheville Regulatory Field Office DWR MR0 file copy DWR 401 & Buffer Permitting Unit — file copy Fi|enanne: 140999DavdLisaJackson8l28BayviemLemeBelmontLkVVyie(Mecklembur8)_401_CR8