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HomeMy WebLinkAbout20150134 Ver 1_Approval Letter_20150211V NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 11, 2015 Donald van der Vaart Secretary DWR q 15 -0134 Stanly County Mr Robert Land 802 Amanda Way Albemarle, NC 28001 Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization, 427 Tranquil Bay, Lake Tillery Dear Mr. Land, You have our approval for the impacts listed below for the purpose described in your application dated January 27, 2015 and received by the Division of Water Resources (Division) on February 2, 2015. These impacts are covered by Water Quality General Certification Number 3898 (attached) 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, 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 are met. No other impacts are approved, including incidental impacts. 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Type of Impact Amount Approved (sq. ft.) permanent Open Waters — below normal pool 800 sq. ft. Open Waters —above normal pool 480 sq. ft. Shoreline length 80 sq. ft. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone 704 -663 -1699 / Fax 704 - 663 -6040 /Customer Service 1 -877- 623 -6748 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper 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 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 and is responsible for complying with all conditions. [15A NCAC 02H .0506] 3 The Division's 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. [35A NCAC 02H .0502 (e)] 4. All stormwater should be directed as diffuse or sheet flow (not piped) at non - erosive velocities and should not re- concentrate before discharging into the lake. , 5. 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.orp/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 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 as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.comL 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.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 1 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Alan Johnson at 704- 663 -1699 or alan.johnson @ncdenr.gov if you have any questions or concerns. incerely, Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures CC. 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