HomeMy WebLinkAbout20180909 Ver 1_Approval Letter_20180716ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
16 July 2018
DWR # 18-0909
Mecklenburg County
Curtis Hoppestad
114 Park View Lane
Troutman, NC 28166
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Dredge, Park View Lane, Lake Norman
Dear Mr. Hoppestad,
You have our approval for the impacts listed below for the purpose described in your application dated/received
by the Division of Water Resources (Division) on June 29, 2018. These impacts are covered by the Water Quality
General Certification Number 4145 (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. (.06 ac)
Buffer
0 sq. ft.
Shoreline length
0 ft.
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
<,—� Nothing Compares_--,..
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
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 and 15A NCAC 02B.0243(8)]
3. Spoil shall be disposed of in an appropriate manner. No impacts shall occur offsite of the area of
disposal.
4. 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)]
5. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer.
[15A NCAC 02B.0243(4)]
6. Work is to be conducted from water by barge. [15A NCAC 02H .0502 and 15A NCAC 02B .0243(8)]
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/wo/swo/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: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 as described in 15A
NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699 or alan.iohnson@ncdenr.aov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Lake Norman Dredging, tamarahager@me.com
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file