HomeMy WebLinkAbout20090711 Ver 2_Approval Letter_20110114NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Mr. Theodore Morris
Promenade At The Lake, LLC
7215 Lebanon Rd.
Mint Hill, NC 28277-9026
Subject Property: Promenade At The Lake, Lake Norman
Dee Freeman
Secretary
January 14, 2011
DWQ# 09-0711 V2
Iredell County
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba
Riparian Buffer Rule (15A NCAC 2B.0243) with Additional Conditions
Dear Mr. Morris:
You have our approval, in accordance with the general certification and those conditions listed
below, to place fill in or to otherwise impact/stabilize the following as described in your application
dated January 7, 2011:
Amount Approved (Units) Plan Location or
Reference
Shoreline 3556 (feet) Bulk Head, Riprap,
Bio-En
404/CAMA
Wetlands (acres)
Waters 0.027 (acres)
Buffers - Zone 1 3556 (square ft.
Buffers- Zone 2 (square ft.)
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3693 covers the impacts (a copy can be found at:
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Regional General Permit
No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter shall
also serve as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .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) those
required by Erosion and Sediment Control, Non-Discharge, Duke Power, and Water Supply
Watershed regulations.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748
Internet. www.ncwaterouality.org
NorthCarohna
;Vaturallty
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 this office and you
may be required to submit 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. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. The proposed boardwalk shall be constructed to avoid and minimize the removal of trees. (This
was discussed with representatives from Row Boat Dock And Dredge).
3. Paved walkways shall be allowed to replace the existing paved walkways to the lake.
4. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil
disturbance, except along the immediate shoreline. Any tree planned for removal (> 3" diameter)
shall be approved by DWQ.
5. The access corridor shall be restored to its original state. Staging shall occur, and any spoil shall
be stockpiled, outside of Zone 1.
6. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected
lake/stream buffer and will not re-concentrate before discharging into the lake/stream as identified
within 15A NCAC 2B.0243(5).
7. Any future development, resulting in an increase in impervious area will be subject storm water
regulations. Approval from the DWQ and or the local delegated authority is required.
8. 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. 150B.
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,
for Coleen H. Sullins
Enclosure
cc: Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
Rowboat Dock/Dredge