HomeMy WebLinkAbout20170327 Ver 1_Approval Letter_20170410Water Resources
ENVIRONMENTAL QUALITY
10 April 2017
Sammy Bailey
38034 Chester Rd.
Norwood, NC 28128
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0327
Stanly County
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, 50046 Horseshoe Trail, Lake Tillary
Dear Mr. Bailey,
You have our approval for the impacts listed below for the purpose described in your application
dated March 14, 2017 and received by the Division of Water Resources (Division) on March 21,
2017. These impacts are covered by the Water Quality General Certification Number 4098
(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. Please note that this approval is for the repair and stabilization of the
existing shoreline but this approval does not allow any extension of the shoreline into the
lake. 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.)
permanent
Open Waters - below normal pool
75 sq. ft.
Open Waters - above normal pool
na
Shoreline Length
25 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
Staleor North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Centcr I Raleigh. NC27699-1611
912707.9000
must be given a copy of this approval letter and Certification and is responsible for
complying with all conditions. [15A NCAC 02H.0506]
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) To the extent practicable, a vegetated strip (trees) along the shoreline should remain to
mediate storm water runoff to the lake.
5) All staging, including spoil, stockpile and construction material, should occur away from the
shoreline to prevent incidental impacts to water quality.
6) All stormwater should be directed as diffuse or sheet flow (not piped) at non-erosive
velocities and should not re -concentrate before discharging into the lake.
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:
htto•//portal ncdenr org/web/wq/swp Jws/401/certsandpermits/apply/forms) or see attached.
[15A NCAC 02H.0507 (c)]
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 i50B 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:
Ifsending 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
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699-1611
919.707,9000
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 johnsonOncdenr.gov if you have any questions or
concerns.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611
919.707.9000