20081117 Ver 2_Approval Letter_20100908

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 8, 2010
DWQ# 08-1117V2
Catawba County
Mr. Alan Lail
6415 Hayden Dr.
Hickory, NC 28601
Subject Property: Lail Drainage, Lake Norman
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian Buffer Rule
(15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Lail:
You have our approval, in accordance with the conditions listed below, to impact 150 square feet (ft) of
Zone 1 of the protected buffer as described within application received by the Division of Water Quality (DWQ)
on August 23, 2010. 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 approval is only valid for the purpose and design that you described in your application and conditions
stated below. 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.
This approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The rip rap through the buffer shall not exceed 5 feet in width. It is strongly suggested that "plunge pool"
be constructed to assist in reducing storm water velocity at the outlet of the culvert.
3. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically
approved by DWQ or meet the Catawba Riparian Buffer Rule requirements.
4. The access corridor shall not exceed 10 ft in width and shall be restored to its original condition prior to the
project. (No removal of trees proposed)
5. All staging shall including spoil and construction material shall occur outside of the buffer.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?Crtllrat?l?/
Internet: http://portal.ncdenr.org/web/wq
6. 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. 1508.
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,
r
for Coleen H. Sullins
Enclosure
cc: Amy Chapman, Wetlands Unit