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HomeMy WebLinkAbout20191014 Ver 4_Approval Letter_20221103ROY COOPER. Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality November 3, 2022 DWR # 19-1014V4 Iredell County John Muesing 221 Sunstede Dr. Mooresville, NC 28117 Delivered via email to: jmuesing@yahoo.com Subject: Approval of Catawba Riparian Buffer Impacts with Additional Conditions; Shoreline Remediation, 221 Sunstede Dr., Lake Norman Dear Mr. Muesing, You have our approval for the impacts listed below for the purpose described in your application submitted on October 20, 2022, and fee received on October 24, 2022, by the Division of Water Resources (Division). These impacts are covered by the Catawba Riparian Buffer Rule and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Buffers — Zone 1 0 (square feet) Shoreline 375 (linear feet) 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 this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 026 .0611(b)(2)] This approval includes the additional conditions listed below: 1. Work is to be conducted from land. No tree removal (except along immediate shoreline) or grubbing/grading in the buffer. Any access corridor shall not exceed 10 feet in width and shall be restored to its original condition prior to the project. [15A NCAC 02B .0614 (7), (10), (9) and 15A NCAC 02H .0502] 2. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer. [15A NCAC 02B .0243(4)] 3. 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 .0614(8)] 4. 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: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms or see attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B .0614(9)] This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. If you are unable to comply with any of the conditions below, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0614]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. This Authorization can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This Authorization shall expire five (5) years from the date of this letter. This letter completes the review of the Division under which the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Alan Johnson at 704-235-2200 or alan.iohnson@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 44.014t4V H Pzue4 F161FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Enclosures cc: Donna Hrko, Lancaster Dock/Dredge, email DWR MRO - file copy DWR 401 & Buffer Permitting Branch file ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality November 3, 2022 DWR # 19-1014V4 Iredell County John Muesing 221 Sunstede Dr. Mooresville, NC 28117 Delivered via email to: imuesinq@yahoo.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE Shoreline Remediation, 221 Sunstede Dr., Lake Norman Dear Mr. Muesing: The Division has reviewed the proposed project as described in your application received by the Division of Water Resources (Division) on October 20, 2022. These impacts are covered by the attached Water Quality General Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit Number 30 or 79. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed or State Riparian Buffer regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification. This acknowledgement is specific for the purpose and design, plans, specifications and impacts as described in your application. 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 Letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506(b)]. The following proposed impacts are described in your application: Type of Impact Amount of Impact Open Waters 0.07 ac. (Stabilization) 375 linear feet of Shoreline If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to GDE-1; NORTH CAROLINA North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This letter is final and binding unless contested and can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Alan Johnson at 704-235-2200 or AIan.Johnson@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 44.01414w H P:z F161FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Enclosures: GC 4205 cc: Donna Hrko, Lancasters Dock/Dredge, email DWR MRO - file copy DWR 401 & Buffer Permitting Branch file D_E NORTH CAROLNA Oapar4nanl M E Mn nmunGl Oual North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date LD_E NORTH CAROLINA ��`��` DP 1,Bnl M EMnnmonGl Ooal North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000