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Home My WebLink About20230457 Ver 1_Approval Letter_20230601 June 1, 2023 DWR # 20230457 CatawbaCounty Anita Shew 648 Wheatley Cr Collierville, TN 38017 Delivered via email to: aeshew@gmail.com Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS; SHEW SHORELINE, SKYLINE DR, LAKE NORMAN Dear Ms. Shew: You have our approval for the impacts listed below for the purpose described in your application dated March 29, 2023, received by the Division of Water Resources (Division) March 29, 2023. These impacts are covered by the CatawbaBuffer Rules andthe conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the CatawbaRiparianBuffer Rules are met. No other impacts are approved, including incidental impacts. \[15A NCAC 02B .0611(b)(2)\] Type of ImpactAmount Approved (units)Amount Approved (units) PermanentTemporary Buffers Zone 180(square feet)300(square feet) Buffers Zone 20(square feet)200(square 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.\[15A NCAC 02B .0611(b)(2)\] If youare unable to comply with any of the conditions below, you must notify the MooresvilleRegional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. North Carolina Department of Environmental Quality | Division of Water Resources Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115 704.663.1699 The permittee shall report to the MooresvilleRegional 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 approval includes the additional conditions listed below: 1.Work is to be conducted from water. 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: https://edocs.deq.nc.gov/Forms/Certificate-of-Completionor see attached. \[15A NCAC 02H .0507 (c) and 15A NCAC 02B .0614(9)\] This approval and its conditions are final and binding unless contested. \[G.S. 143-215.5\] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate 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/ 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, GeneralCounsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any North Carolina Department of Environmental Quality | Division of Water Resources Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115 704.663.1699 person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. This Authorization shall expire five (5) years from the date of this letter. review under the CatawbaRiparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Mooresville Regional Office staff (Taylor Ezell) at Taylor.Ezell@ncdenr.govif you have any questions or concerns. Sincerely, Andrew H. Pitner, P.G. Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc:Stephen Enyemrt, Lake Norman Dredging, steve@dockanddredge.com DWR 401 & Buffer Permitting Branch electronic file(Laserfiche) North Carolina Department of Environmental Quality | Division of Water Resources Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115 704.663.1699 June 1, 2023 DWR # 20230457 CatawbaCounty Anita Shew 648 Wheatley Cr Collierville, TN 38017 Delivered via email to: aeshew@gmail.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE SHEW SHORELINE, SKYLINE DR, LAKE NORMAN Dear Ms. Shew: The Division has reviewed the proposed project as described in your application dated March 29, 2023, received by the Division of Water Resources (Division) March 29, 2023. These impacts are covered by the attached Water Quality General Certification Number 4502 or 4503. This general certification is 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. The following proposed impacts are covered as described in your application. No other impacts are approved, including incidental impacts. \[15A NCAC 02H .0506(b)\] Type of ImpactAmount of Impact Open Waters0.003 acres This acknowledgement is specific for the purpose and design, plans and specifications 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 Certificationand is responsible for complying with all conditions. \[15A NCAC 02H .0507(d)(2)\]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the MooresvilleRegional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. North Carolina Department of Environmental Quality | Division of Water Resources Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115 704.663.1699 The permittee shall report to the MooresvilleRegional 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 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/ Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party mustalso serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). 02H .0500. Please contact Mooresville Regional Office staff (Taylor Ezell) at Taylor.Ezell@ncdenr.govif you have any questions or concerns. Sincerely, Andrew H. Pitner, P.G. Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc:Stephen Enyemrt, Lake Norman Dredging, steve@dockanddredge.com Jennifer Lawrence, USACE, Jennifer.l.lawrence@usace.army.mil DWR 401 & Buffer Permitting Unit file (LaserFiche) North Carolina Department of Environmental Quality | Division of Water Resources Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115 704.663.1699 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- authorized agent, or the project engineer. It is not necessary to send certificates from all of these. 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: ___________________________ tification 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:___________________________ _______ 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 thePermittee 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_____ North Carolina Department of Environmental Quality | Division of Water Resources Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115 704.663.1699