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Home My WebLink About20140826 Ver 2_Approval Letter_20141119AF_'_KWA ;rA NCDENR North Carolina Department mf Environment and Natural Resources Pat McCrory Governor November 19, 2014 Anthony and MarjbeEarley P.8. Box 18Q Troutman, WC2Q166 John E. SkV@rla.III Secretary DVVR#14-082G\(2 Iredell County Approval mf4O1 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions; Shoreline Stabilization, 7Z2 Morrison Farm Rd, Mooresville, |nede|[ Lake Norman Dear Mr. Earley: You have our approval for stabilization of 400 linear feet of shoreline as described in your application dated October 8, 2D14 and received by the Division of Water Resources (Division) on November 13, 2014. These impacts are covered by the Water Quality General Certification Number 3885 (attached), Catawba Buffer Rules and the additional conditions listed below. This certification is associated with the use ofNationwide Permit Number 19 issued by the U.S. Army Corps of Engineers (US4[E Action ID 2014-01986) on November 7,2O14. This, Nationwide Permit and Water Quality General Certification expire on March 18, 2017, Om August 12,2O14, you were issued a Water Quality General Certification Number 3898 (DWR # 14-0826) which is associated with the use of Regional Permit Number 198200030 issued by the USA[E for stabilization of 300 linear feet of shoreline. Both of these approvals and certifications should be used and referenced for stabilizing your 700 feet of shoreline. Please mote 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 amthority, 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 nationwide 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. No other impacts are approved, including incidental |mp�acts. 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 take. [1SAW[4[8ZH.05OG(b),154NC4[O2H.O507(o) and 15ANCACO28.8243(8)] Division of Water Reso 401&Buffer 1O17 Mail Service Center, Luuamm�512mSalisbury St. Raleigh, North Carolina 27604 Phcma�S1g-887-6%0\ FAX: 01S-8U7-64S4 Internet: vmxwvncwm\ nqumUty.prg An Equal Opportunity \ Affirmaiive Action Employer — Made in part by recycled paper Anthony and Manjie Earley Dxvn#14-0#26x2 401/ooppsnuePnmvAL Page zc*s 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 Certification/Authorization and is responsible for complying with all conditions. [15A N[4[02H.G5O6 and 15ANCACQ28.8243(8)] I 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. 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 in 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)] 8. Work is to be conducted from water by barge. [15A NCAC 02H .0502 and 15A NCAC 02B .0243(8)] 9. All stommwate/ shall be directed as diffuse or sheet flow (nut piped) at nom-erosive velocities through the protected lake buffer and should not re-concentrate before discharging into the lake. [15AN CAC 8ZB.O243(5)] 1U. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DVVR 401 and Buffer Permitting Unit within ten days of project completion. (available at: )nrsee attached, [15A M[AC 02H.OS07(c) and 15ANCAC82B.0243(8)] This approval and its conditions are final a�nd binding unless o}ntested. This Certification/Buffer Authorization can be contested as provided in Articles and 4of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings Anthony and xxanjieEarley nvVn#z4-0Q28v,2 401/BuppcmxPPnOvxL Page aufa (hereby known aaOAH).4 petition form may be obtained from the OAH at or by calling the OAH Clerk's Office at (9I9) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, apetition 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 8:00amn and 5:00pno, excluding official state holidays). The petition may be faxed to the OAH at(929)4B1-31OQ provided the original andonecopymfthepetbion 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 wio delivery service (UPS, FedBt etc): Office of Administrative Hearings Office of Administrative Hearings 67I4 Mail Service Center 1711 New Hope Church Road Raleigh, NC27699-G714 Raleigh, NC37G89-G2Q5 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1G01 Mail Service Center Raleigh, N[27899-36O1 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 NCAC 02B .0243. Please contact Shelton Sullivan at 919-807-6361 or sheiton.sulliva.n-(�:D,nLderir.goy if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit Enclosures: GC 3885< Certification of Completion Form cc: Chip Bridges, [8C Shorelines, G38Oakhd0e Farm Hwy, Mooresville, NCZ8115 Duke Energy Lake Services, P0 Box 1006, Charlotte, NC282Q1-1O06 USA[E Asheville Regulatory Field Office DWKMRO' file copy DVVR4O18/ Buffer Permitting Unit —file copy Filename: 140$26v.2EaMey722oxomyunpanmxdMuumox|le(|mdd|)-401_Cn8