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Home My WebLink About20150518 Ver 1_Approval Letter_20150601A PUMA 4V - 6, A AU--2--2 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary June 1, 2015 DWR # 15 -0518 Cleveland County Mr Jeffrey Latchaw 2319 Peninsula Avenue Shelby, NC 28150 Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization, Peninsula Ave , Moss Lake Dear Mr Latchaw, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on March 9, 2015 These impacts are covered by the 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, 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 of the 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 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 Open Waters — below normal pool Buffer Shoreline Length Amount Approved (sq ft.) permanent 2000 sq ft N/A 973 ft Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone 704 - 663 -16991 Fax 704-663-6040/Customer Service 1- 877 - 623 -6748 DWR# 15 -518 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 [15A NCAC 02H 0502(e)] 4 To the extent practicable, a vegetated strip along the shoreline should remain to mediate storm water runoff to the lake 5 All staging, including spoil, stockpile and construction material, should occur away from the shoreline to prevent incidental impacts to water quality The area should be stabilized immediately upon completion 6 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 7 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 htto / /portal ncdenr ora/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms) or see attached [15A NCAC 02H 0507 (c)] 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 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 OOam and 5 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 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 DWR# 15 -518 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 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 Sincerely, G Michael L Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures cc USACE Asheville Regulatory Field Office DWR MRO - file copy DWR 401 & Buffer Permitting Unit — file copy