HomeMy WebLinkAbout20171083 Ver 1_Approval Letter_20170914Water Resources
ENVIRONMENTAL QUALITY
September 14, 2017
M. Farmer
Peachtree Residential
9525 Birkdale Crossing Blvd.
Huntersville, NC 28078
ROY'COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-1083
Mecklenburg County
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, Cove Creek Loop, Lake Norman
Dear Mr. Farmer,
You have our approval for the impacts listed below for the purpose described in your application
dated August 22, 2017, and received by the Division of Water Resources (Division) on August 28,
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/Buffer Authorizations are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved (sq.
ft.) permanent
Open Waters (dredge)
900 sq. ft. (0.018 ac)
--Buffer--
Buffer
Shoreline
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/Buffer Authorization. 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/Buffer Authorization and is responsible for complying
with all conditions. [15A NCAC 02H .05061
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
3. NO impacts to Catawba Riparian Buffer proposed.
4. Any access corridor shall not exceed 10 feet in width and shall be restored to its
original condition prior to the project. All staging, including spoil, stockpile and
construction materials, shall occur outside of the buffer [15A NCAC 02B .0243(6), 15A
NCAC 02B .0243(4)]
5. Work is to be conducted from water by barge.
6. 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)]
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/wg/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 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 ('f) 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
State of North Carolina I Environ mental Quality I `Nater Resources
512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh, NC 2 769 9-1 611
919.707.9000
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.iohnsonOncdenr.gov if you have any questions or concerns.
Sine ely
I=an W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Leah Smith, Rowboat Dock/Dredge, email
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 Ser vice Center I Raleigh. NC 27699-1611
919.707.9000