HomeMy WebLinkAbout20141161 Ver 1_Approval Letter_20150128A F-WA
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NCDENR
North Carolina Department nf Environment and Natural Resources
Pat McCrory
GOte0O[
January 28, 2015
Bruce and Valerie Cuddy
112O4 Highway 145South
Morven, NC 28119
Donald R. van der V88rt
Secretary
D\NR#14-1161
Stanly County
Subject: Approval of4O1 Water Quality Certification with Additional Conditions; Shoreline
Stabilization, 18124 Shore Farm Road, Albemarle, Lake Tillery
Dear Mr. and Ms. Cuddy,
You have our approval for the impacts listed below for the purpose described in your application dated
October 30, 2014 and received by the Division of Water Resources (Division) on November 5, 2014
with additional information received on January Z8,2O1S. These impacts are covered by the Water
Quality General Certification Number 3885 (attached) and the additional conditions listed below. This
certification is associated with the use of Nationwide Permit Number 13 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, indudingthoserequiredby(hut
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 ofthe Certification 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)]
Type of Impact
Amount Approved (sq. ft.)
Amount Approved (sq. ft.)
permanent
temporary
normalpool
normal pool
Division of Water Resources -40 & Buffer Permitting Unit
1817 Mail Service Center, Raleigh, North Carolina 27099iG17
Location: 512N. Salisbury St. Raleigh, North Carolina 27604
Phone: 01Q-8O7-630N\ FAX: Q19-8O7-64Q4
|n<emot:vmxwouwatexlua|hY.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper
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 .0502, .0506, and .0507]
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. Work is to be conducted from land as indicated in your application. [15A NCAC 02H
.0502]
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. See attached or this form is available at:
htt : ortai.ncdenr.orfweb /w� /sw /ws /401 /certsandpermits /apl forms) [15A
NCAC 02H .0507(c)]
This approval and its conditions are final and binding unless contested.
This Certification Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B 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 httr)://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 the OAH during normal office hours (Monday through Friday between 8:OOam and
S:OOpm, 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 LS Postal Service:
Office ofAdministrative Hearings
6714 Mail Service Center
Raleigh, N[27698-6714
If sending via delivery service (UPS, FedEx,etc):
Office of Administrative Hearings
17l1 New Hope Church Road
Raleigh, NC276O9-6JQS
One (1) copy of the petition must also be served to DENR:
DENR, General Counsel
Department of Environment and Natural Resources
16O1 Mail Service Center
Raleigh, NL27699'16O1
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Shelton Sullivan ot919-8O7-6361or if you have any questions or
concerns.
Enclosures: GC38OS, Cert. of Completion Form
cc: Eric Rouse, Duke Energy, P[) Box 15S1,N[RH16, Raleigh NC, 276O1
USACEAahevi||e Regulatory Field Office
D\NRMN]4O1— file copy
DVVR4O18' Buffer Permitting Unit —file copy