HomeMy WebLinkAbout20150166 Ver 1_Approval Letter_20150413A*A*
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 13, 2015
Ms. Susan Foster
Sisters Cove of LKN, LLC
P.O. Box 3965
Mooresville, NC 28117
Donald van der Vaart
Secretary
DWR # 15 -0166
Iredell County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Cornelius Rd., Road, Lake Norman
Dear Ms. Foster,
You have our approval for the impacts listed below for the purpose described in your application dated
February 2, 2015, and received by the Division of Water Resources (Division) on February 9, 2015. These
impacts are covered by the Water Quality General Certification Number 3885(attached), Catawba Buffer
Rules and the additional conditions listed below. This Certification is associated with the use of Nationwid
Permit #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,
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 (please all conditions):
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification /Buffer Authorizations 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. 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(8)]
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters — below normal pool
—400 sq. ft.
Open Waters — above normal pool
—400 sq. ft.
Shoreline length
1,337 If
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.aov
2. This approval is for the purpose and design described in your application (25 lots of varying
bank heights). The plans and specifications for this project are incorporated by reference
as part of the Certification /Buffer 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 /Buffer Authorization and is responsible for complying with
all conditions. [15A NCAC 02H .0506 and 15A NCAC 02B .0243(8)]
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. [15A NCAC 02H .0502 (e)]
4. Where there is a vertical bank (ex. Lot #14) there shall be no impact to the buffer with the
exception of the removal of trees (or areas) that are severely undermined back filling is
preferred. Areas that have no significant vertical bank (ex. Lot #25) the buffer should not be
impacted. Minimal shaping and sloping along the immediate shoreline is allowed. [15A
NCAC 02B .0243(6)]
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. You are allowed to thin underbrush, shrubs, and limbs up to 50% of individual tree height
to enhance a lake view provided that soils are undisturbed, diffuse flow is maintained and
that no stems of woody vegetation larger than 3 inches DBH (diameter at breast height) are
removed. [15A NCAC 02B .0243(6)]
7. Any access corridor shall not exceed 10 -feet in width and shall be restored to its original
condition prior to the project. No trees to be removed. [15A NCAC 02B .0243(6)]
8. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
9. Work is to be conducted from land and /or from water by barge. [15A NCAC 02H .0502 and
15A NCAC 02B.0243(8)]
10. 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)]
11. 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 ore_ /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
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 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
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
CEI
APR 2 0 2015
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 Alan Johnson at 704 - 663 -1699 or
alan.iohnson @ncdenr.eov if you have any questions or concerns.
Sincerely,
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, Tasha .L.Alexander @usace.army.mil
DWR MRO - file copy
DWR 401 & Buffer Permitting Unit — file copy