20061903 Ver 2_Approval Letter_20070302

OF WA~FR
o~~~~(..
~~ ~
1r
~ _ .~ ~. -i
C3 'C
Alan W. Klimek, ? E. Director
Division of W'uter Quality
March 2, 2007
DWQ Project # 06-1903, Ver. 2
Iredell County
Morrison Residential, LLC
1400 Harding Place
Charlotte, North Carolina 28204
Rowboat Dock & Dredge
858 Williamson Road
Mooresville, North Carolina 28117
Subject Property: Rowboat Dock 8r Dredge: Staging Area, Lake Norman
Modification/Approval Of 401 Water Quality Certification And Authorization Certificate
per the Catawba Riparian Buffer Rule (15A NCAC 2B .0243) with Additional Conditions
Dear Sirs:
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 additional
application dated January 30, 2007. This Certification supercedes the Water Quality
Certification issued January 18, 2007, for this project.
Amount Approved
in this A royal Previously Approved Buffer
Im acts Januar 18, 2007 Total Approved
Buffer Im acts
Shoreline 72 (feet) 72 feet)
Waters 0.003 (acres 0.003 (acres)
Buffers -Zone 1 404 s uare feet 600 s uare feet 1004 s uare feet
Buffers -Zone 2 400 (square feet 400 s uare feet)

After reviewing your application, we have determined that N.C. Division of Water Quality
(DWQ) General Water Quality Certification Number 3492 covers the impacts. This Certification
allows you to use Regional General Permit No. 198200030 when issued to you by the US Army
Corps of Engineers (USACOE). This letter shall also serve as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. 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.
No c hCarolina
JUrtati~r~!!y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environrnent and Natural Resources
North Carolina Division of Water Quality 610 East Center Ave., Suite 30l Mooresville, NC 2811 ~ Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Yage Z of 3
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 ,s 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. No additional impacts shall occur in the buffer, including the removal of trees or
vegetation, except along the immediate shoreline [within one (1) foot]. There shall be no
sloping of the shoreline to accommodate the installation of the riprap. The removal of ground
cover shall be kept to a minimum during the installation of the riprap, and no benching of the
shoreline will be allowed.
2. In your February 1, 2007 response regarding the Notice of Violation dated January 26,
2007, a restoration plan was submitted to address the additional unauthorized buffer
impacts. You have approval for the restoration plan as detailed in this letter. In addition, the
proposed plantings (8 River Birch, 8 Pine -size five gallon) must be native species, and
must be planted within 60 calendar days. These plantings must be monitored for two years
to ensure survival, and replant as necessary.
3. We understand that you have chosen to contribute to the North Carolina Ecosystem
Enhancement Program (NCEEP) in order to compensate for the impacts to the buffer
approved in the letter dated January 18, 2007. In accordance with 15A NCAC 2R .0402 and
15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0244). Immediately
provide documentation to this office showing payment has been made to NCEEP for
these impacts. The In Lieu Fee coordinator should be contacted at [phone] if you
have any questions concerning the NCEEP. For accounting purposes, the Certification
authorizes the impact of 600 square feet of Zone 1 and 400 square feet of Zone 2 of the
Catawba Riparian buffer; and a total of 1800 square feet of buffer mitigation is required.
4. Prior to any further land disturbing activities, the outside buffer of the 20 foot corridor within
the boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) to ensure compliance with 15 A NCAC 2B
.0243.
5. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected lake buffer and will not re-concentrate before discharging into the buffer as
identified within 15A NCAC 26 .0243(5).
6. Upon completion of all work approved by this 401 Water Quality Certification, and any
subsequent approved modifications, the applicant is required to provide a permanent
groundcover sufficient to restrain erosion on the complete 20 foot corridor, and 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.

Yage 3 of 3
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, riparian buffer, 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 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.
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 Rule as described within 15A NCAC 2B
.0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Stephanie
Graham at 704-663-1699.
Sincerely,
;°
,,-
!'
for Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492
cc: Ian McMillan, Wetlands Unit
Danny Smith - NPS Assistance and Compliance Oversight Unit
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Tim Garrett -Division of Land Resources