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HomeMy WebLinkAbout20240621 Ver 1_Approval Letter_20240528ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Key Family Living Trust Attn: Tony Key 251 Sunny Path Lane Statesville, NC 28677 Delivered via email to: tkey45@icloud.com NORTH CAROLINA Environmental Quality May 28, 2024 DWR # 20240621 Iredell County Subject: APPROVAL of CATAWBA RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: KEY SHORELINE 1 251 SUNNY PATH LANE, STATESVILLE I LAKE NORMAN Dear Mr. Key, You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) on April 25, 2024, with fee received by the division on May 2, 2024. These impacts are covered by the Catawba 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 Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 230 (square feet) 0 (square feet) Buffers — Zone 2 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 .0611(b)(2)] North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115 NORrH caaouN D�� 704.663.1699 o�.ru�eM m �m��me�ai o�ei� Key Shoreline DWR# 20240621 Page 2 of 6 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 .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 by water. No other tree removal (except along immediate shoreline) or grubbing/grading in the buffer is permitted. 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.deg.nc.gov/Forms/Certificate-of-Completion or 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/ 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). North Carolina Department of Environmental Quality I Division of Water Resources NpRTH OAROLINA !ll Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115 op.u�eMm�m.nm"U1Q ei\ /� 704.663.1699 Key Shoreline DWR# 20240621 Page 3 of 6 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. This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division's review under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Arnie Hoy at amie.hov@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: Janice Estep, info@cbcstoneandrecycling.com Krysta Stygar, USACE Charlotte Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Filename: 20240621_KeyShorel ine_5.28.2024.docx North Carolina Department of Environmental Quality I Division of Water Resources NORTH OAROLINA !ll Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115 ftp u..m�m��me�mio�ei\ /� 704.663.1699 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 28, 2024 DWR # 20240621 Iredell County Key Family Living Trust Attn: Tony Key 251 Sunny Path Lane Statesville, NC 28677 Delivered via email to: tkey45@icloud.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE Project: KEY SHORELINE 1 251 SUNNY PATH LANE, STATESVILLE I LAKE NORMAN Dear Mr. Key, The Division has reviewed the proposed project as described in your application dated April 25, 2024, fee received by the Division of Water Resources (Division) May 2, 2024. 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 0.03 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)]. North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 :. aaao� D^ E Q� 704.663.1699 0w� .rtm�._ua o.si� Key Shoreline DWR# 20240621 Page 5 of 6 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. 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 Arnie Hoy at amie.hov@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: Janice Estep, info@cbcstoneandrecycling.com Krysta Stygar, USACE Charlotte Regulatory Field Office DWR 401 & Buffer Permitting Unit file North Carolina Department of Environmental Quality 11 Division of Water Resources D ��+Mooresville Regional Officd 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORrHCaROLIW 704.663.1699 oawu�em m ����m.i o�si� CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 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: Agent's Certification Date: 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: Engineer's Certification 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 the Permittee 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