20070202 Ver 1_Approval Letter_20070222

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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
February 22, 2007
DWQ# 07-0202
Cleveland County
Mr. Harry Mauney
1773 Rehobeth Church Rd.
Shelby, NC 28150
Subject: Lot #7, Castle Cove, Moss Lake
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mauney:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application dated February 5, 2007:
Amount A roved (Units Plan Location or Reference
Shoreline 100 feet
404/CAMA Wetlands acres
Waters 0.04 acres)
Buffers -Zone 1 N/a s uare ft.
Buffers- Zone 2 N/a s uare ft.
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3495 covers the impacts. This Certification
allows you to use Nationwide Permit #13 when issued to you by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project, including (but not limited to)
those required by Erosion and Sediment Control, Non-Discharge, Duke Power, and Water
Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit
expires unless otherwise specified in the General Certification. This approval is for the purpose
and design that you described in your application. If you change your project, you must notify
this office and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible
for complying with all conditions.
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream ~
identified within 15A NCAC 2B .0243(5). lv hCarolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
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2. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to return the attached
certificate of completion form to the 401 Oversight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. If you do not accept any of the conditions of
this Certification (associated with the approved wetland or stream impacts), 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, which 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.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 1506.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC
2B .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan
Johnson at 704-663-1699.
Sincerely,
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forAlan W. Klimek, P.E.
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cc: Ian McMillan, Wetlands Unit
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Central Files