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HomeMy WebLinkAbout20170711 Ver 1_Approval Letter_20170621Water Resources ENVIRONMENTAL QUALITY June 21, 2017 Travis Lawing 80 Putters View Lane Maiden NC 28650 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director D W R # 17-0711 Catawba County Subject: After -The -Fact Catawba Riparian Buffer Authorization with Additional Conditions; 3657 Reid Circle, Lake Norman Dear Mr. Lawing, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on June 7, 2017. These impacts are covered by the Water Quality General Certification Number 4098 (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: 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 forthe repair and stabilization of the existing shoreline. This approval does not allow any extension of the shoreline into the lake. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B .0243(8)] Type of Impact Amount Approved (sq. ft.) permanent Open Waters 0 Buffer 2500 sq. ft. Shoreline length 0. 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 State or North Carolina I Er,n onmental Quality I water Resources 512 N. Salisbury St, cct 1 1611 Mail service Center I Raleigh. NC27699-1611 9197079000 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 Authorization 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. Five trees shall be planted within Zone 1 (within 30 ft of the lake); three-inch caliper, native species, six to eight ft tall. If the trees fail to thrive, they shall be replaced. Submit photos upon completion. 5. Zone 1 shall be returned to a natural state. Six (6) inches of mulch shall be placed in Zone 1 to re-establish the "groundcover". Submit photos upon completion. 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. II 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)] 8. 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 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 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 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 One (1) copy of the petition must also be served to DEQ: Bill Lane, 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.gov if you have any questions or concerns. FerL W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures cc: DWRMRO - 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