20031428 Ver 1_Approval Letter_20031210

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Mr. John Bain
5836 Gettysburg Dr.
Concord, NC 28027
Subject Property: Cherry Pointe Dr., Denver NC
X003
December 10, 2003
DWQ# 03-1428
Lincoln County
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. Bain:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately .01 acres of waters and .08 acres of protected riparian buffers for the
purpose of replacing sea wall along approximately 230 linear feet of shoreline on Lake Norman, as described in
your application received on November 5, 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/ncwetlands. This 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 issued by the USACOE expires unless
otherwise specified 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 2B .0243 (5)).
2. Upon completion of the project, the impacted buffer area will be mulched and replanted (320 trees/acre) with
native trees and shrubs. Trees used for replacement should be at minimum 2" caliper (diameter) trees.
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 401/Wetlands Unit.
NorthCarolina AGA
Naturally N-M
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
1 401161
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd, Raleigh, NC 27604-2260 (Location)
(9191711-17R6 (nhonel. 919-733-6R93 (fax). (httn• h2o.enr.state.nc.ns newethndsl
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,

Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Amanda Jones - USACOE, Asheville
Duke Power lake Management
Wetlands Unit- Cyndi Karoly
Dean Fisher - Lake Norman Custom Dock
File Copy