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