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HomeMy WebLinkAbout20052060 Ver 1_Approval Letter_20051121o~~~ w H rFRQG ~ ~ ~ _ i a -i ~ j~ ,~' Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 21, 2005 DWQ# 05-2060 Catawba County Project Manager CBC Custom Shorelines 628 Oak Ridge Farm Highway Mooresville, NC 28115 Subject: Shoreline Stabilization/Buffer Impact, Long Island Marina APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 26 .0243) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.003 acre of waters and 0.03 acre of riparian buffer for the purpose of impacting and stabilizing approximately 40 linear feet of shoreline on Lake Norman, as described in your After- The-Fact preconstruction notification received on November 14, 2005. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3492, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No. 198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. This approval, however, should not be construed as authorization to impact any part of the 50-foot riparian buffer that currently exists on the main stem of the Catawba River under the Catawba River Buffer Protection Rule (15A NCAC 26 .0243). If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). In addition to the requirements of the certification, you must also comply with the following conditions: 1. During use and at the end of each working day, silt fence shall be installed to prevent sediment and other particulate from entering the lake. Silt fence shall be maintained during use if at all possible. 2. Mulch or pine needles (6" deep) shall be placed in Zone 1 of the buffer when the site is to be shut down for periods exceeding 10 working days. 3. Fuel containers and other potential contaminants shall be maintained at least 50 ft. from the shoreline. NO°e Carolina ~tura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Page 2 4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed "Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit. If you do not accept any of the conditions of this certification, 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 (that conforms to Chapter 1506 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, ~ ` ,~, n `~ forAlan W. Klimek, P.E. Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Ian McMillan CBC Central Files ~ ~~~~ V ~ n I ul Nf~V ~ R Z~)05 ~~ ~ENR - WAI~E~t QUA.LiT"t '~lANDS AND STORMWA"rER 9tiAM(::w