HomeMy WebLinkAbout20080552 Ver 1_Approval Letter_20080929W A
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 29, 2008
DWQ Project # 08-0552
Mecklenburg County
Mr.William Adkins
16315 Belle Isle Dr.
Cornelius, NC 28031
Subject Property: 1315 Belle Isle Dr., Lake Norman
Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba Riparian Buffer Rule (15A NCAC 213 .0243) with Additional Conditions
Dear Mr. Adkins:
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 March
26, 2008:
Amount Approved (Units) Plan Location or Reference
Shoreline 150 feet
404/CAMA Wetlands (acres)
Waters 0.01 acres
Buffers - Zone 1 150 (square ft.)
Buffers- Zone 2 (square ft.
After reviewing your application and the resolution of the violation, we have determined that N.C.
Division of Water Quality (DWQ) General Water Quality Certification Number 3639 covers the impacts
(a copy can be found at: http://h2o.enr.state.nc.us/ncwetlands. 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.
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 maybe
required to submit anew application. If the property is sold, the new owner must be given a copy of this
Certification and approval letterand is thereby responsible for complying with all conditions.
This approval requires you to follow tN
additional conditions listed below.
Mailing Address Phone (704) 663-1699
610 East Center Avenue, Suite 301 Fax (704) 663-6040
Mooresville, NC 28115
conditions listed in the attached Certification and any
Location No `hCarolina
610 East Center Avenue, Suite 301 ;Qturally
Mooresville, North Carolina
Internet: H'N'N'.newatcraualitv.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
1. No additional impacts shall occur in the buffer from top of bank.
2. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected
lake/stream buffer and will not re-concentrate before discharging into the lake/stream as identified
within 15A NCAC 2B.0243(5).
3. 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 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. 150B.
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 Alan Johnson at 704-663-1699.
Sincerely,
for Coleen H. Sullins
cc: Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
Ann Duncan