20110724 Ver 1_Approval Letter_20110809

AM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 9, 2011
Mr. Mark Lockman
229 Medical Park Road
Suite 201
Mooresville, NC 28117
Subject Property: Langtree, Transco Road, Mooresville, Nc
Lake Norman [030832,11-(75), WSIV, B, Ca]
DWQ Project # 2011-0724
Iredell County
Authorization of Catawba River Riparian Buffer Protection Rules Variance [15A NCAC 2B
.0243(9)(a)]
Dear Mr. Lockman:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 50 square feet (ft2 ) of Zone 1 of the protected buffers to construct the sign at the
subject property as described within your variance request dated August 4, 2011 and received by
the Division of Water Quality (DWQ) on August 8, 2011. This letter shall act as your Variance
authorization as described within 15A NCAC 2B .0243(9)(a). In addition to this authorization,
you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control regulations.
This authorization is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner(s) must be given a copy of this variance authorization and is
thereby responsible for complying with all conditions. This authorization requires you to follow
any conditions listed below. This authorization shall expire five years from the date of this
authorization.
The Additional Conditions of the Certification are:
1. Buffer Mitigation (On-site Restoration/Enhancement) - You are required to mitigate for
impacts to the protected riparian buffers. The required area of mitigation to compensate
for the 50 square feet of impacts to Zone 2 of the protected riparian buffers is 100 square
feet as required under this variance and 15A NCAC 2B . 0243. The DWQ has
VNetlands, Buffers, Stonlwater, Compliance and Permitting Unit (WeBSCaPe) One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone [phone] FAX: [phone] No Carolina
Internet http llportal ncdenr org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer /l`Ks Ks?I?/
Lockman
Page 2 of 3
August 9, 2011
determined that your proposal to plant 1 river birch tree within the retained portions of
the protected buffers, will satisfy the mitigation requirement. You must ensure its
survival for a period of at least five (5) years. You are required to replace this tree if it
dies within this five (5) year period. You are required to provide proof in writing that the
tree has been planted within one year of the date of this letter. The proof of plantings
shall be submitted to the WeBSCaPe Unit. If this mitigation is not acceptable or
practicable, then you may choose to make a payment in to the Riparian Buffer
Restoration Fund to compensate for 100 square feet of mitigation as allowed under 15A
NCAC 02B . 0244. If you choose to make this payment, please contact Amy Chapman at
919-807-6400 for additional information.
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
If you wish to contest any statement in this Variance you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Fax: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This Variance Authorization shall expire five (5) years from the date of this letter.
Lockman
Page 3 of 3
August 9, 2011
This letter completes the review of the Division of Water Quality under the Catawba River
Riparian Buffer Protection Rules [15A NCAC 2B.0243(9)(a)]. Please call Ms. Amy Chapman
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
Coleen H. Sullins
CHS/kahlasc
cc: Alan Johnson, DWQ Mooresville Regional Office
File Copy
File Name: 110724Langtree(Iredell)CBR Var