HomeMy WebLinkAbout20170811 Ver 1_Approval Letter_20170713Water Resources
ENVIRONMENTAL OVALITY
13 July 2017
Penny Richenberg
24672 Strand Dr.
Albemarle, NC 28001
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0811
Stanly County
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, Strand Dr., Lake Tillery
Dear Ms. Richenberg,
You have our approval for the impacts listed below for the purpose described in your application
dated June 26, 2017 and received by the Division of Water Resources (Division) on July 10,
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
300 sq. ft. (.006 ac)
Open Waters — above normal pool
100 sq. ft.
Shoreline Length
98 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]
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 2 769 9-1 611
919.707.9000
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.
7) 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)]
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 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: 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:
William F. Lane, 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 Ser vice Center I Raleigh NC 2 769 9-1611
919,7079000
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.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