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
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Jasper Builders, Inc.
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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