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HomeMy WebLinkAbout20141218 Ver 1_Approval Letter_20141202North Carolina Department of Environment and Natural Resources December 2, 2014 Sean Gallagher Jasper Builders Inc. 181 West Statesville Avenue Mooresville, N[28115 John E, SkV@rla'III Secretary 0VVR#14-1218 Iredell County Subject: Approval of40,1 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions, Shoreline Stabilization, 7G91 Kemp Road, Lot 177, Mooresville, |medeUCountV, Lake Norman Dear Mr. Gallagher, You have our approval for the impacts listed below for the purpose described in your application dated November 10, 2814 and received by the Division of Water Resources (Division) on November 24, 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 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 to follow the conditions listed in the enclosed certification, the general permit and the following additional conditions: I. The ƒo|kovvmg 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 approval does not allow any extension of the shoreline into the take. [154 N[ACO2H .0506(b), 15A NCA[03H .0507(c} and 15A NCAC 02B.0243(8)] Type of Impact Amount Approved (sq. ft.) permanent Open Waters - below norma I pool 350 sq. ft. Open Waters -above normal pool 350 sq. ft. Buffers -Zone 1 350 sq. ft. Division of Water Resources -40& Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 276AA-1617 LncmUum512N.Salisbury St. RafeiAh^ North Carolina 270O4 Phone: A\9-8O7-638O\ FAX: Q19-807-6484 |mtemet:mw*nowmterquo|ity.mrg An Equal oppo�u"ity�Affrrnwve Action Employer -Made mpart by recycled paper Jasper Builders, Inc. DWR#z4-12m 401/BopFEnApPnov4L Page zofs Z. 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 NCA[ 02H.0506 and 15A NC4[0ZB .0243(8)] �. The Division Mooresville Regional Office (618 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 beremoved. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)] S. You are allowed to thin underbrush, shrubs, and limbs up to 50% of individual tree height to enhance lake view provided that soils are undisturbed, diffuse flow is maintained and that no stems pf woody vegetation larger than 3" DBH (diameter at breast height) are removed. [15A NCAC 02B.0243(6)] Ei 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, [16A NCACQ2B .0243(4) and (6)) 7. 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)] 8. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer. [15A NCAC 02B .0243(4)1 9. Work is to be conducted from land. [15A NCACO2H .0502 and 15A NCACO2B .0243(8)] 10 All sto/nmvvater 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. [1SA NCAC 02B .0243(5)) 11. The applicant and/or authorized agent shall provide aonnmp|eted Certificate ofCompletion Form to the DVVR 401 and Buffer Permitting Unit within ten days of project completion. (available at: ) orsee attached, 115A NCAC 02H .0507 (c) and 1SA NCAC 02B .0243(8)] 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 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known asDAN), A petition form may be obtained from the OAH a1 orby calling the C)AH Clerk's Office at(919)4Sl-3UQQ for information. Jasper Builders, Inc. ovom#14-1z18 401/BVFpEnAPpmOvAL Page anfa Within sixty K�D calendar days of receipt of this notice, a petition must be filed with the O4H. 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 O:DOamn and 5:00pm, excluding official state holidays). The petition may be faxed to the OAHat(919) 431-31OO provided the original and one copy of the petition along with any applicable (3AHfiling fee is received by the O4H within five (5) business days following the faxed transmission, Mailing address for the OAH� If sending via U3Postal 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, N[27609'628S One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 16O2 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules as described im154N[ACO28.8243. Please contact Shelton Sullivan at919-8O7-6361 or if you have any questions orconcerns. - ^ Karen Higgins, Supervisor 401& Buffer Permitting Unit KAH/sos Enclosures: GC3898; Certification of Completion Form cc Phil Rotella, LakeVision Development, Inc., 2242 Longcove Ct., Sherrills Ford, NC 28673 Duke Energy Lake Services, PQ Box 3OO6, Charlotte, NC282O1-1006 U54CE Asheville Regulatory Field Office DVVR MRO file copy DVVR4O1&Buffer Permitt|ngUmit — fi|ecnpy Filename: 141218JasperBuilderslncLotl77KempRd769Mooresvil]eLkNorman(Iredell)-401—CRB