20031408 Ver 1_Approval Letter_20031212

W A T? Michael F. Easley, Governor
Q
O? ?G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\ Alan W. Klimek, P.E., Director
Division of Water Quality
E Coleen H. Sullins, Deputy Director
Division of Water Quality
December 12, 2003
DWQ# 03-1408
WETLANDS/ 401 GROUP Gaston County
Ms. Maggie Girdwood DEC 2 3 2003
Stonewater Bay Properties, LLC
Box 1003
Charlotte, WATER QUALITY S
Charlotte, NC 28201
Subject Property: Stonewater Bay Development
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Ms. Girdwood:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately .028 acres of waters and .014 acres of protected riparian buffers for the
purpose of replacing rip rap along approximately 300 linear feet of shoreline on Mountain Island Lake, as
described in your application received on November 10, 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. 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. No trees are to be removed (unless approved) from the buffer, and impacts to the ground cover shall be kept
to a minimum during the installation of the rip rap.
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 40IMetlands Unit.
N ;hCarolina
,Naturally NCDENR
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)
(9191733-1786 (nhone) 919-733-6893 (fax) _ (httn '. 112o enr state nL.nq nc«etlan&)
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 150B 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.
AJlaj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power lake Management
Wetlands Unit- Cyndi Karoly
Central Files
File Copy