20070520 Ver 1_Approval Letter_20070411

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Alan W. Klimek, P.E. Director
Division of Water Quality
April 11, 2007
DWQ Project # 07-0520
Mecklenburg County
Mr. Phillip Foley
BNP Residential Properties
301 South College St.
Cornelius, NC 28031
Subject Property: Marina Shores S/D, 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. Foley:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application dated March 23, 2007:
Amount A roved Units Plan Location or Reference
Shoreline 300 feet
404/CAMA Wetlands acres
Waters 0.03 acres
Buffers -Zone 1 300 s uare ft.
Buffers- Zone 2 s uare ft.
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3492 covers the impacts (a copy can be found at:
(http:/h2o.enr.state.nc.us/ncwetlands/regcert.html). 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.
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 Certificatiorb~~nd
any additional conditions listed below. Northcarolina
JVatur~r!!~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Naniral Resources
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 I S Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
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1. No additional impacts shall occur in the buffer, including the removal of trees, except along
the immediate shoreline.
2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion
of the project.
3. 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).
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. 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,
forAlan W. Klimek, P.E.
Enclosures: Certificate of Completion
cc: Ian McMillan, Wetlands Unit
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Lancaster Custom Shoreline
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