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
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An Equal Opportunity � Affirmative Action Employer - Made in part by recycled paper
David and Lisa Jackson
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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