20061903 Ver 1_Approval Letter_20070118

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Alan W. Klimek, P.E. Director
Division of Water Quality
January 18, 2007
DWQ Project # 06-1903
Iredell County
Mr. Bob Wilson
Rowboat Dock & Dredge
858 Williamson Road
Mooresville, NC 28117
Subject Property: Staging Site at Morrison Plantation
Lake Norman
Approval Of 401 Water Quality Certification and Authorization Certificate per the Catawba
Riparian Buffer Protection Rules (15A NCAC 26 .0243) with Additional Conditions
Dear Mr. Wilson:
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 received on January 3, 2007:
Amount A roved Units Plan Location or Reference
Shoreline feet
404/CAMA Wetlands acres
Waters acres
Buffers -Zone 1 600 s uare ft. Pa e 11 of PCN
Buffers- Zone 2 400 (square ft. Pa e 11 of PCN
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 (USAGE). This letter shall also serve as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 26 .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.
The above noted Certification will expire when the associated USACE'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.
No ehCarolina
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper

This approval requires you to follow the conditions listed in the attached Certification and
any additional conditions listed below.
We understand that you have chosen to contribute to the Ecosystem Enhancement
Program (EEP) in order to compensate for the impacts to buffer. 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 26 .0233(10). Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem
Enhancement Program), the buffer impacts shall not occur. The In Lieu Fee coordinator
should be contacted at [phone] if you have any questions concerning the EEP. You
have one month from the date of this Certification to make this payment. For accounting
purposes, this 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. Please be aware that the EEP rules require rounding of stream
impacts to the nearest foot and wetland impacts to the nearest quarter acre (15A NCAC 2R
.0503(b)).
2: No impacts shall occur in the buffer, including the removal of trees, except in the approved
area.
3. The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 26 .0255 and GC3402 and GC3374.
4. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected buffer such that it will not re-concentrate before discharging into the lake as
identified within 15A NCAC 26 .0243(5).
5. 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 1508 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. 1508.

This letter completes the review by the Division of Water Quality under Section 401 of
the Clean Water Act and the Catawba Riparian Buffer Protection Rules as described within 15A
NCAC 2B .0243. If you have any questions, please telephone Ian McMillan at 919-733-1786 or
Barry Love at 704-663-1699.
Sincerely,
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~rAlan W. Klimek, P.~
Enclosures: Certificate of Completion
GC 3492
EEP Form
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
File Copy
Central Files
Ian McMillan -Wetlands Unit