HomeMy WebLinkAbout20040179 Ver 2_Approval Letter_50151110North Carolina Department of Environmental Qualitv
Pat McCrory
Governor
November 5, 2015
Michael Dane
195 Knoxview Ln.
Mooresville, NC 28117
Donald van der Vaart
Secretary
DWR # 04- 0179V2
Iredell County
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Knoxview Lane, Lake Norman
Dear Mr. Dane,
You have our approval for the impacts listed below for the purpose described in your application dated October
14, 2015, and received by the Division of Water Resources (Division) on October 20, 2015. These impacts are
covered by the Water Quality General Certification Number 3898 (attached), Catawba Buffer Rules 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:
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. [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
300 sq. ft.
Buffer
300 sq. ft.
Shoreline length
55 ft.
2. This approval is for the purpose and design described in your application. The plans and
specifications forthis 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
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
IntPrnPt• www.nrdPnr.env
An Equal Opportunity \ Affirmative Action Employer—Made in part by recycled paper
DWQ# 04- 0179V2
Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0506 and
15A NCAC 02B .0243(8)]
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. Only those trees that are severely undermined can be removed. Minimal shaping and sloping
along the immediate shoreline is allowed. [15A NCAC 02B .0243(6)]
5. 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)]
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 .0243(6)]
All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B.0243(4)]
8. Work is to be conducted from land and /or from water by barge. [15A NCAC 02H .0502 and
15A NCAC 02B.0243(8)]
9. 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)]
10. 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.org /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.
I
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
DWQ# 04- 0179V2
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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699 -1601
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.wohnson@ncdenr.gov if you have any questions or concerns.
Sincerely,
46��
Fvv-- Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Phil Rotella, Lakevision Dev., (phi lelakevisiondevelopment.com)
DWR MRO - file copy
DWR 401 & Buffer Permitting Unit — file copy