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Home My WebLink About20230652 Ver 1_Approval Letter_20230620ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 20, 2023 DWR # 2023-0652 Catawba County Beatrice Sherrill 401 Hawthorne Lane Charlotte, NC 28204-2358 Delivered via email to: nsherri118@gmail.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE Nicole Sherrill Skyline Drive Project, Lake Norman Nicole Sherrill: The Division has reviewed the proposed project as described in your application dated May 1, 2023, and received by the Division of Water Resources (Division) May 6, 2023. These impacts are covered by the attached Water Quality General Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit Number 30. 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 Impact Amount of Impact Open Waters 77 linear feet of Shoreline Stabilization (77' X 6' or 0.0106 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 Certification and 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 Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � 919.707.9000 oepMem of Envlmnmenml aeel� Nicole Sherrill Skyline Drive Project DWR# 2023-0652 401 Certification Page 2 of 2 The permittee shall report to the Mooresville Regional 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/ or by calling the OAH Clerk's 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 must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Roberto Scheller at704-235-2204 or roberto.scheller@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: F161FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Enclosures: GC 4502 Electronic cc: Jennifer Lawrence, USACE Charlotte Regulatory Field Office, Jennifer.L.Lawrence@usace.army.mil DWR 401 & Buffer Permitting Unit file D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.767.9666 DepeemofEnmronmenulw.i;/`� ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 20, 2023 Beatrice Sherrill 401 Hawthorne Lane Charlotte, NC 28204-2358 Delivered via email to: nsherri118@gmail.com DWR # 20230652 Catawba County Subject: APPROVAL of CATAWBA BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Nicole Sherrill, 7750 Skyline Drive Project, Lake Norman Nicole Sherrill: You have our approval for the impacts listed below for the purpose described in your application dated May 1, 2023, received by the Division of Water Resources (Division) May 6, 2023. These impacts are covered by the Catawba River Basin Buffer Rules and the 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 Catawba River Basin Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B [Catawba] .0611(b)(2)]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 Shoreline Riprap 462 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 0 (square feet) 0 (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 [Neuse, Tar, Catawba, Randleman] .0611(b)(2) / [Goose] .0606(b)(2)] D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � 919.707.9000 oepMem of Envlmnmenml aeel� Nicole Sherrill, 7750 Skyline Drive Project DWR# 20230652 Buffer Authorization Certificate Page 2 of 3 If you are unable to comply with any of the conditions below, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B Catawba] .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. Additional Conditions: 1. This Buffer Authorization is only for the purpose of placement of 77 X 6 feet of riprap within Zone 1 of the Riparian Buffer and replacement of an existing wooden bulkhead. 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 IILLFJ./ /VVVVyy.,iLUd, .uui,i_ or by calling the OAH Clerk's 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 must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 15013-23(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 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 / when the corresponding 401 Water Quality Certification Approval DWR#4502 expires. North Carolina Department of Environmental Quality I Division of Water Resources D E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CA�ROLINA - nepanmem f Environmental aaar� 919.707.9000 Nicole Sherrill, 7750 Skyline Drive Project DWR# 20230652 Buffer Authorization Certificate Page 3 of 3 This letter completes the Division's review under the Catawba River Basin Riparian Buffer Rules as described in 15A NCAC 02B [Catawba] .0614. Please contact Roberto Scheller at 704-235-2204 or roberto.scheller@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: F161FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc: DWR 401 & Buffer Permitting Branch electronic file North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROLINA v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 oePere�am ofe,mronmanui o�si�