HomeMy WebLinkAbout20141202 Ver 1_Approval Letter_20141124ALTI-WTWA
TA
ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 24, 2014
Craig Montgomery
10380NantzRoad
Cornelius, NC 28031
John E. SkVaMa,I1I
Secretary
DVVB#14-12Q2
Mecklenburg County
Subject: Approval of401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, 1838ONantzRd,
Cornelius, Mecklenburg County, Lake Norman
Dear Mr. Montgomery,
You have our approval for the impacts listed below for the purpose described in your application dated
November 5, 2014 and received he the Division of Water Resources (Division) on November 18, 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 nf
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:
1. 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 impacts. Please note that this approval [s for the repair and
stabilization of the existing shoreline but this appro,waU does not allow any extension of
the shoreline into the lake. (15A NCACQZH .0506(b), 15A NCACO2H .0507(c) and 15A
NCAC 02B.0243(8)]
Division of Water Resources -401& Buffer Permitting Unit
1817 Mail Service Center, Raleigh, North Carolina 27OBQ4017
Luuu cm�512NSa|imhuryfU,Rm|e|gh.NorthCandina270M
Phone: 41QM7-630*\FAX 919-807-6494
Internet: vmxmxm*wakyrqua|My.org
An Ecloal Opportun4 � Affirmative Action Employer — Made in part by recycled paper
Craig Montgomery
mWR# 14-1282
401/nuppea4epnOvxL
Page zm/3
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
[ertifica#on/4uthurizaion. 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
02H.O5@6 and 15A0CACO2B.0243(8)]
3. 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 nenmo«ed. KAinhna| shap,ing 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 land and from water by barge. [15A NCAC 02H .0502 and 15A
9. All otormvva1er 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. [15AN[A[02B.U243/5>]
10. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR4Dland Buffer Permitting Unit within ten days of project completion.
(available at' ) or see
attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(8)]
This approval and its conditions are final and binding unless contested.
ThbCertifcatio Authorization can be contested as provided in Articles 3 and 4 of General Statute
1508 by filing a written petition foram administrative hearing tothe Office of Administrative Hearings
(hereby known asOAH). A petition form may be obtained from the O4Ha1 httPJJwww.ncoah.corn or by
calling the QAH Clerk's Office at(919)43I-3QODforinfornmadon.
Within sixty A6O\ calendar days of receipt ofthis notice, a petition must befiled with the OAH. Apetition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
Craig Montgomery
own#z4azoz
481VaUFFEKAPpe0m^L
Page of
the OAH during normal office hours (Monday through Friday between 8:00ano and 5:00pm, excluding
official state ho|idays).
The petition may be faxed to the OAHat(91g)4]1-31OQ 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 USPostal 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, NC27699-6714 Raleigh, NC276O9-628S
One O> copy of the petition must also be served toDENR:
John Evans, General Counsel
Department of Environment and Natural Resources
l6OI Mail Service Center
Raleigh, N[27699-16O1
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules asdescribed in15ANCA[U28.UZ43. Please contact Shelton Sullivan at919-8)7'6361
or |f you have any questions nrconcerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
Enclosures: GC 3898; Certification of Completion Form
cc: Chip Bridges, C8C Stone & Recycling LLC, 6]8OakridQe Farm Hwy, Mooresville, N[28115
Duke Energy Lake Services, PO Box 10O6 Charlotte, NC 28201-1006
USACE/4shevi||e Regulatory Field Office
DVVRMRD file copy
DVVR401& Buffer Permitting Unit — file copy
Filename; 1412O2MomtQnmnery183,88NantzRoadCorme|iusLkNonman(MecNemburg) 4O1_[R8