HomeMy WebLinkAbout20161021 Ver 1_Approval Letter_20161104 PAT MCCRORY
DONALD R. VAN DER VAART
Water-Resources S. JAY ZIMMERMAN
NVJRONMEN1AL QUALITY
4 November 2016 " 1
DWR#16-1021
Iredell County
Mike Shalvoy
104 Bridgeport Rd.
Mooresville, NC 28117
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge,189 Gudger Rd., (Lot 5,6,7) Lake Norman
Dear Mr. Shalvoy,
You have our approval for the impacts listed below for the purpose described in your application dated October 14,
2016 and received by the Division of Water Resources (Division) on October 24, 2016. These impacts are covered
by the Water Quality General Certification Number 3898(attached)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)
Type of Impact Amount Approved (sq.ft.)permanent
Open Waters(dredge) 4800 sq.ft. (0.11 ac)
Buffer 0 sq.ft.
Shoreline length 0 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)]
4. No work by land. All work is to be conducted from water by barge. [15A NCAC 02H.0502 and 15A
NCAC 02B.0243(8)]
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office'610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704 663 1699
5. 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.ora/web/wq/swp/ws/401/certsandpermits/applv/forms) or see attached.
[15A NCAC 021-I .0507(c)and 15A NCAC 02B.0243(8)]
This approval and its conditions are final and binding unless contested.
This Certification 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 DENR:
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. Please contact Alan
Johnson at 704-663-1699 or alan.iohnson@ncdenr.aov if you have any questions or concerns.
Sincerely,
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—email