HomeMy WebLinkAbout20141214 Ver 1_Approval Letter_201412090
NCDENR
North Carolina Department of Environment and Natural Resources
December 9, 2014
Laura Buchanan
82437 th Avenue NW
Hickory, NC 28601
Jahn E. Skvarla, III
Secretary
DWR # 14 -1214
Catawba County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Shoreline Stabilization, Governor's Harbor
Lot 10, 828 37th Avenue NW, Hickory, Catawba County, Lake Hickory
Dear Ms. Buchanan,
You have our approval for the impacts listed below for the purpose described in your application dated
October 10, 2014 and received by the Division of Water Resources (Division) on November 21, 2014 with
additional information received on December 1, 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:
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 is for the repair and
stabilization of the existing shoreline but this approval does not allow any extension of
the shoreline into the lake. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A
NCAC 02B.0243(811
Type of Impact
Amount Approved (sq. ft.)
Amount Approved (sq. ft.)
permanent
temporary
Open Waters - below
N/A
N/A
normal pool
Open Waters - above
535 sq. ft. riprap
N/A
normal pool
(5 ft. x 107 ft.)
Buffers -Zone 1
535 sq. ft.
1,300 sq. ft.
Division of Water Resources - 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919- 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Laura Buchanan
DWR # 14 -1214
401 /BUFFER APPROVAL
Page 2 of 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
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
02H.0506 and 15A NCAC 02B.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 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 land and /or from water by barge. [15A NCAC 02H .0502 and
15A NCAC 02B.0243(8)]
9. All stormwater 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. [15A NCAC 02B .0243(5)]
10. 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: httpf artai.ncdenr.or web /wq /swp /ws/ 401 /certsandpermits /apply/forms) 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.
This Certification /Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition 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
Laura Buchanan
DWR # 14 -1214
401 /BUFFER APPROVAL
Page 3 of 3
the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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.
Mailing address for the OAH:
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 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 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 in 15A NCAC 02B .0243. Please contact Shelton Sullivan at 919 -807 -6361
or shelton.sullivan @ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /sos
Enclosures: GC 3898; Certification of Completion Form
cc: Tony Gaines, Marine Construction Company, 3457 Yorkland Dr., Hickory, NC 28601
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006
USACE Asheville Regulatory Field Office
DWR MRO - file copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 141214BuchananGovernor 'sHarborLotlOLkHickory (Catawba)- 401_CRB