HomeMy WebLinkAbout20160353 Ver 1_Approval Letter_62010423 PAT MCCRORY
DONALD R. VAN DER VAART
Set.retor,
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
April 26, 2016 Director
DWR#16-0353
Iredell County
John Wenrich
107 Golden Pond Ln.
Mooresville, 28117
Subject: Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
with Additional Conditions; Dredge, Hermance Lane, Lake Norman
Dear Mr.Wenrich:
You have our approval for the impacts listed below for the purpose described in your application dated February 29,
2016,and received by the Division of Water Resources(Division)on April 11,2016. 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 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
2,500 sq.ft.
Open Waters(dredge) 7,500 cu. Ft.
2. 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 and 15A NCAC 02B.0243(8)]
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)]
State of North Carolina I Environmental Quality 1 Water Resources I Water Quality Regional Operations
Mooresville Regional Office'610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115
704 663 1699
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:
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 1508 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: 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
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.iohnson@ncdenr.aov if you have any questions or concerns.
Sincerely,
c.n_ W.Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Chip Bridges,CBC(email)
DWR MRO-file copy
DWR 401& Buffer Permitting Unit—file copy