HomeMy WebLinkAbout20141174 Ver 1_Approval Letter_20141118MIER
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 18, 2014
Marvin and Janie Richard
627 Catawba Avenue
Davidson, NC 28036
John E, SkVa[B. III
Secretary
DVVR#14-l174
Mecklenburg County
Approval of4M1 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, 627Catawba
Avenue, Davidson, Lake Norman
Dear Mr. and Ms. Richard-
You have our approval for the impacts listed below for the purpose described im your application dated
November 3, 2014 and received by the Division of Water Resources (Division) on November 10, 2814.
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 nfEngineers 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 ynu to follow the conditions listed in the enclosed certification, the general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are moat. No other impacts are
approved, including incidental impacts. Please note that this approval lm for the repair and
stabilization of the existing shoreline but this approval does not m|!ovw any extension of
the shoreline into the lake,, [154 WCACO2H .0506(b), 25A NCACOZH .0507(c) and 15A
NCAC 02B.0243(8)]
Division of Water Resources -401& Buffer Permitting Unit
1077 Mail Service Center, Raleigh, North Carolina 2700Q 1817
Lnue8om512N Salisbury St. Raleigh, North Carolina 27804
Phone: A19-807-6380\ FAX: 01Q-8U7-6404
|mtemet:mwwouvaterqua|ity.org
An Equal Oppodunity, � Affirmative Aclion EmplDyer - Made in part by recycled paper
Janie Richard
Dvvn#z4-1174
401/RuFFER4PpROvAL
Page znfs
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
CenLifiratiom/Authorizationand is responsible for complying with all conditions. [15ANC4[
0lH.O506 and 15AN[ACO2B.0Z48/8\]
l The Division Mooresville Regional Office (6I0 East Center Avenue, Suite 301, Mooresville,
NC 28115) shall be notified in writing once construction at the approved impact areas has
commenced. [15AN[ACU2H.0S82/eQ
4. Only those trees that are undermined or leaning can be removed. 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 |n the buffer unless
specifically approved by the Division and must meet the Catawba Riparian Buffer Rule
requirements. [15A NCAC 02B .0243(4) and (6)]
6. 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)]
7. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer. [15A NCAC 02B.0243(4)]
O. Work is to be conducted from land orfrom water by barge. [15ANQACO2H.0502 and 15A
NCAC 02B.0243(8)]
9. All sturmnvvater 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. [154 NC4C828 .0243(5,)]
10. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the UVVR4O1and Buffer Permitting Unit within ten days ofproject completion.
(available at: )orsee
attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(g)]
This approval and its conditions are final and binding unless contested.
This Certification/Buffer Authorization can be contested as provided in Articles 3, and 4 of General Statute
15OB by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known asOAH). 4 petition form may be obtained from the OAH at or by
calling the QAH Clerk's Office at (91B)43,1-3OUDfor information.
Within sixty k5O> 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
Janie Richard
uvvmw14-11r4
401/ouFnsnAPpnOv4L
Page 3of3
the OAH during normal office hours (Monday through Friday between 8:00am and 5:08prn, excluding
official state ho|idays).
The petition may be faxed Uz the OAHat/914\431`31Q0 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
taxed transmission.
Mailing address for the OAH:
If sending via USPosto/Service: If sending via delivery service (UPS, FedEx,etc):
Office nf Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, N[I7699-6714 Raleigh, NC376U9-828S
One (1} copy of the petition must also be served tn[ENR:
John Evans, General Qownse
Department of Environment and Natmra|Resources
l601 Mail Service Center
Raleigh, NC27699-160I
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in 15A NCA[02B .0243. Please contact Shelton Sullivan at 919`807~6361
or if you have any questions orconcerns.
Sincerely,
Karen Higgins, Supervisor
�~ 4O18i Buffer Permitting Unit
Enclosures: GC 3898; Certification of Completion Form
cc: Duke Energy Lake Services, PO Box l006, Charlotte, NC2O2O1-1805
USACE Asheville Regulatory Field Office
DVVKMRD file copy
0VVR4U1& Buffer Perm itting Unit — file copy
Filename: I41174Richard627Catavvba/bxeDavidsomLKNmrmnan(&4eckleuburm) 4O1_CH8