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Home My WebLink About20141172 Ver 1_Approval Letter_20141124Akv7:`A7A NCDENR North Carolina Department of Environment and Natural Resources at Mc,'_'rory Governor November 24, 2014 Alicia Nesbit Fields 525 Catspaw, Rd. Statesville. VC 2VI67'-z John E, �kvarla, H! Secretary Subject- Appiroval .f4 Water Quality Certification and Catawba Riparian Buffer Authorization with! Additional Conditions; Shoreline Stabilization, 343 Windeme Island Rd., Statesville, fredell County, Lake Norman I- You have our approval for the impacts listed below for the purpose described in your application dated October 14, 2014 and received by the Division of Water Resources (Division) on November 10, 2014 with the fulil payment amount received on November 17, 2014. 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 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 focal permits before proceeding with your project, including those required by (but not limited to) the local take 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: Type of Impact Amount Approved (sq. ft.) Amount Approved (sq. ft.) i permanent temporary Open Waters - below 211.22 sq, ft, (105 ft. x 2.01 ft.) N/A normal pool Open Waters - above 211.22 sq. fl. (105 ft. x 2.01 ft.) N/A normal pool Buffers -Zone 1 211.22 sq, ft. I 1,050 sq. ft. (105 ft. x 10 ft.) Division of Viiiater Resources - 401 & Buffer Perm1ling Unit 1617 Mail Service Center, Raleigh, North, Carolina 27699-1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919-8076300tFAX 919-807-6494 Internet: www.ncwaterquality.org AEqual uppoftur'iy , Affirmafile AG',in Etrpioyef - Vlaoe m pa,t by recycled pwe, Alicia Nesbit Fields DWR 9 14-1172 401/BUFFER APPROVAL Page 2 of 3 I 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 NCAC 02 H .0506 and ISA NCAC 02B 0243(8)1 t, 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, [15A NCAC 02H .0502 (e)] 4. Only those trees that are undermined or leaning can be removed. Minimal shaping and sl:opiing a:long the immediate shoreline is allowed. [15A NCAC 028 0243(6)1] S. You are allowed to thin underbrush, shrubs, and limbs up to 50% of individual tree height to enhance a lake view provided that soils are undisturbed, diffuse flow is maintained I A A no stems of woody vegetation larger than 3" DBH (diameter at breast height) are removed. [15A NCAC 028.0243(6)] 6, 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)] 7, Any access corridor sh,aill not exceed 10 ft. in width and shall be restored to its origina 11 condition prior to the project. [15A NCAC 02B .0243(6)) B. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer. [15A NCAC 02B .0243(4)] 9. Work is to be conducted from land and from water, [15A NCAC 02H .0502 and 15A NCAC 02B .0243(8)1 10. Ali stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosiRm., velocities through the protected lake buffer and should not re-concentrate befol discharging into the lake. [15A NCAC 02B .0243(5)] 11, 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: h,iIp::::: -ortal,ncdenr.or, we �t q/swp/ s/401/certsandperrnits,/ ns) or see attached, [15A NCAC 02H .0507 (c) and 15A NCAC 026,0243(8)] This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings Alicia Nesbit Fields DWR # 14-1172 401/BUFFER APPROVAL Page 3 of 3 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition considered filed when the original and one (1) copy along with any applicable OAH filing fee is received the OAH during normal office hours (Monday through Friday between 8:00am and 5OOpm, excludi official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petiti along with any applicable OAH f1kng fee is received by the OAH within five (5) business days following t faxed transmission. I zmmri-��+ If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6,714 Raleigh, NC 27609-6285 John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter compiletes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules as described in 15A NCAC 02 B 0 07-6361 or si-iel-ton ,sullivan@ricdetir.,_goy if you have any questions or, concerns. Karen H(isins, Supervisor 401 & Buffer Permitting Unit 3MM Enclosures: GC 3898,- Certification of Completion Form cc: Alfred Moss, Long Island Marine Construction, 7779 Hudson Chapel Rd., Catawba, NC 28609 Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office DWR MRO - file copy I DWR 401 & Buffer Permitting Unit — file coll 111111111111 !!!111 . a I*