HomeMy WebLinkAbout20151132 Ver 1_Approval Letter_20151124North Carolina Department of Environmental Quality
Pat McCrory
Governor
Novembner 24, 2015
Dennis Moore
8633 Howard Dr.
Terrell, NC 28682
Donald van der Vaart
JISecretary
DWR # 15-1132
Catawba County
Subject: Approval of 401 Water quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Shoreline Stabilization, Howard Dr. Lot 16, Lake Norman
Dear Mr. Moore,
You have our approval for the impacts listed below for the purpose described in your application dated April
October 27, 2015, and received by the Division of Water Resources (Division) on October 30, 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:
1. 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 .OS06(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B .0243(8)]
Type of Impact Amount Approved (sq. ft.) permanent
Open Waters 450 sq. ft.
Buffer 2050 sq. ft. (temporary)
Shoreline length 150 ft.
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/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, Mooresville, North Carolina 28155
Phone, 704-663-1699\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper
DWQ# 15-1132
Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0506 and
15A NCAC 02B.0243(8)]
3. Geotextile fabric is recommended for use behind the rip rap.
4. 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)]
5. No trees proposed for removal. Minimal shaping and sloping along the immediate shoreline is
allowed. [15A NCAC 02B.0243(6)]
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)]
7. 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)]
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 (10 ft. corridor). [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://r)ortal.ncdenr.org/web/wq/swo/ws/401/certsandi)ermits/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
DWQ# 15-1132
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 ISA NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699 or
alan.iohnson@ncdenr.gov if you have any questions or concerns.
Sincerely,
6� Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Unit — file copy