HomeMy WebLinkAbout20171393 Ver 1_Approval Letter_20171113ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources _ LINDA CULPEPPER
Environmental Quality interim Director
13 November 2017
DWR # 17-1393
Iredell County
Richard Peace
131 Hidden Ln.
Mooresville, NC 28117
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, Hidden Lane, Lake Norman
Dear Mr. Peace,
You have our approval for the impacts listed below for the purpose described in your application dated October
21, 2017 and received by the Division of Water Resources (Division) on October 30, 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. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters (dredge)
2500 sq. ft.
Buffer
0 sq. ft.
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. 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 �0"Nothing Compares. 02B.0243(8)]
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
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. Only those trees that are severely undermined can be removed. Minimal shaping and sloping
along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
5. 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)]
6. You are allowed to thin underbrush, shrubs, and limbs up to 50% of individual tree height to
enhance a lake view provided that soils are undisturbed, diffuse flow is maintained and that no
stems of woody vegetation larger than 3" DBH (diameter at breast height) are removed. [15A
NCAC 02B .0243(6)]
7. Any access corridor shall not exceed 10 feet in width and shall be restored to its original condition
prior to the project. [15A NCAC 02B .0243(6)]
8. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer.
[15A NCAC 02B.0243(4)]
9. Work is to be conducted from land and/or from water by barge. [15A NCAC 02H .0502 and 15A
NCAC 02B .0243(8)]
10. All 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)]
11. 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 ora/web/wa/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 maybe 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:OOam and S:OOpm, 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 DENR:
William F. 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. 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: Chip Bridges, CBC, email
DWR MRO -file copy
DWR 401 & Buffer Permitting Branch file