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HomeMy WebLinkAbout20141161 Ver 1_Approval Letter_20150128A F-WA eiv ,A AZ� 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