20031578 Ver 1_Approval Letter_20040122

Michael F. Easie). Governor
9
?? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
co ? Alan R'. Iaimek Pte., Director
> Division of Water Quality

.? Coleen H_ Sullins, Deputy Director
Division of Water Quality
January 22, 2004
DWQ# 03-1578
WETLANDS/ 401 GROUP ?U? Catawba County
Mr. Paul Christenbury
Floyd Smith Dr., Suite 125 FEB 0 2 2004
Charlotte, NC 28262
Subject Property: Lot 2, Gordon Dr., Terrell NC WATER QUALI1Y SECTION
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 2B.0243) with Additional Conditions
Dear Mr. Christenbury:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.007 acres of waters and 0.007 acres of protected riparian buffers for the
construction of a retaining wall along approximately 130 linear feet of shoreline on Lake Norman, as described in
your application received on December 16, 2003. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use the U.S. Army Corps of
Engineers (USACOE) Regional Permit No. 198200030 when issued. This letter also serves as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0243. Please note that
you should get any other federal, state or local permits before proceeding with your project, including those
required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations.
This Certification will expire when the associated 404 permit expires unless otherwise speed in the
General Certification. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of the Certification
and approval letter; and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as
the additional conditions listed below:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 26 .0243 (5)).
2. No trees are to be removed (unless approved) from the buffer, and impacts to the ground cover shall be kept
to a minimum during construction of the retaining wall.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401JWetlands Unit.
lvorthCarolina
JVatura!!jl >f Nv.ter Ciuality. 401 Wetlands Certification Unit.
1650 Mail Sen-ice Center. Raleigh. NC 27699-1650 (Mailing address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (nhnne). 919-733-6R93 (fax). (httn: h2n.enr ztite.ne.ns ncxcetlan(is)
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Page 2
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that
conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
v
Alan W. Klimek, P.E.
AJlaj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power lake Management
Central Files
File Copy