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HomeMy WebLinkAbout20040161 Ver 1_Approval Letter_20040301F W ATE Michael F. Easley, Governor AC ) William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W.10imek, P.E., Director W J Division of Water Quality .? Coleen H. Sullins, Deputy Director Division of Water Quality WETLANDS/ 401 GROUP MAR 2 2004 Ms. Lynn Chiappelli 116 Long Boat Dr. Mooresville, NC 28117 WATER QUALITY SECTION Subject Property: 124 Sienna Dr., Pinnacle Shores Subdivision March 1, 2004 DWQ# 04-0161 Iredell County APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions Dear Ms. Chiappelli: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.035 acre of waters and 0.03 acre of protected riparian buffers for the purpose of placing riprap along approximately 156 linear feet of shoreline on Lake Norman, as described in your application received on January 27, 2004. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use the U.S. Army Corps of Engineers (USACOE) Regional Permit No. 198200030 when issued. 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. This Certification will expire when the associated 404 permit issued by the USACOE 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the additional conditions listed below: 1. No trees are to be removed from the buffer, and impacts to the ground cover shall be kept to a minimum during the installation of the riprap. 2. The footprint of the proposed gazebo shall be less than 150-sq. ft. and shall be elevated above pervious ground so as not to impede surface water runoff/infiltration. No trees shall be removed (unless approved) for the construction of the structure. 3. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)). NorthCamiina JVatura!!J ?r;!i?,l? NCDENR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-17R6 (nhone). 919-733-6893 (fax). (httn: h2o.enr.state.nc.nc ncxcetlands) 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 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. 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, Alan W. Klimek, P.E. AJ/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Duke Power lake Management Bill Haraden - B & N Landscaping Wetlands Unit Cyndi Karoly Central Files File Copy r-??es ? n ex.c?s s ??-?'- ? ?' / f