HomeMy WebLinkAbout20191537 Ver 1_Approval Letter_20191119ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
RJ McCreary
110 Ventana Ct.
Mooresville, NC 28117
Subject Property: 110 Ventana Ct.
NORTH CAROLINA
Environmental Quality
November 19, 2019
DWR # 19-1537
Iredell County
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules MAJOR VARIANCE [15A
NCAC 2B .0243 (9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. McCreary,
You have our authorization, in accordance with the conditions listed below, to impact
610 square feet (ft2) of Zone 1 of the protected buffers as described within your major variance
request dated August 3, 2018, received by the Division of Water Quality (DWQ) on October 30,
2019. This letter shall act as your Major Variance authorization as described within 15A NCAC
2B .0243(9)(c). In addition, you should get any other required federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion
Control. This authorization shall expire five years from the date of this authorization.
This authorization is only valid for the purpose and design that you described in your
Major Variance Request. If you change your project, you must notify us and you may be
required to send us a new request for authorization. If the property is sold, the new owner must
be given a copy of this authorization and is thereby responsible for complying with all conditions.
For this authorization to be valid, you must follow the conditions listed below.
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0243) shall occur to
Zone 1 of the protected riparian buffers.
This approval and all other paperwork associated with this approval shall be provided
to the new owners.
2. No impervious material of any kind shall be placed within the approved impact area.
This approval is only for "fill" to bring up to current grade with the existing pool deck.
It shall be maintained in a natural cover.
3. Certificate of Completion Upon completion of all work approved within this Buffer
Authorization, the applicant is required to return the attached certificate of completion
to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Photos shall be
provided upon completion to: alan.lohnson(a)ncdenr.gov
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH CAROHNA �
o.namremor �w.c�giuuei� /`� 704.663.1699
4. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not
limited to sediment impacts, and any violation of state regulated riparian buffer
rules. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days
of the time the applicant becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, if the noncompliance has
not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a
case -by -case basis. 15A NCAC 02B .0200
If you do not accept any of the conditions of this authorization, you may ask for and
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,
NC 27699-6714. This authorization 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 the Catawba
Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson or Jennifer
Burdette if you have any questions or require copies of our rules or procedural materials.
Sincerely,
EA
DocuSigned by:
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F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Michael Burkhard, email
Paul Wojoski, Wetlands Unit (email)
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date