20060815 Ver 1_Approval Letter_20060824

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Mr. Tony Abernathy
657 Kemp Rd.
Mooresville, NC 28117
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
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AUG 2 4 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
May 23, 2006
DWQ Project # 06-0815
Iredell County
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Subject Property: Lot 163, McKendree Rd., Lake Norman
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba
River Buffer Protection Rules (15A NCAC 2B..0243) with Additional Conditions
Dear Mr. Abernathy:
You have our approval, in accordance with the.attached conditions and those listed
below, to place fill in or to otherwise impact the following as described in your application dated
May 5, 2006:
Amount Approved Units Plan Location or Reference
Shoreline 184 feet
404/CAMA Wetlands acres
Waters 0.006 acres
Buffers - Zone 1 276 (square ft.) I
Buffers- Zone 2 (square ft.) i
After reviewing your application, we have decided that the impacts are covered by the N.C.
Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3492. This
Certification(s) allows you to use Regional General Permit No. 198200030 when issued to you
by the US Army Corps of Engineers (USACE). 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) 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
us and you may be required to send us 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.
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
1. No impacts shall occur in the buffer, including the removal of trees, except along the
immediate shoreline. Wo Carolina
Naturally
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% Recycled/10% Post Consumer Paper
Page 2 of 2
Date
2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion
of the project.
3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified
within 15A NCAC 2B .0243(5).
4. 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. 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 protection 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 Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492 .
cc: CBC
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
File Copy
Central Files