20110686 Ver 2_Approval Letter_20111213

Beverly Eaves Perdue
Governor
Mr Mick Berry
City of Hickory
76 N Center Street
Hickory NC 28601
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H Sullins
Director
Sub�ect Property Buffer Impact VWVfP Outfall Lake Norman
Dee Freeman
Secretary
December 13 2011
DWQ# 11 0686V2
Catawba 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 Berry
You have our approval in accordance with the general certification and those conditions listed below
to place fill m or to otherwise impact/stabilize the following as described in your application dated December 6
2011
Amount A proved Units Plan Location or Reference
Shoreline feet
404/CAMA Wetlands acres
Waters s uare ft )
Buffers — Zone 1 504 s uare ft
Buffers Zone 2 860 s uare ft
After reviewing your application we have determ�ned that N C Division of Water Quality (DWQ) General Water
Quality Certification Number 3687 covers the impacts (a copy can be found at
http //portal ncdenr o�q/web/wq/swp/ws/401 This Certification allows you to use Nationwide Permit No 7
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 w�th any other required federal state or local permits before
you proceed with your pro�ect mcluding (but not limited to) those required by Erosion and Sediment Control
Non Discharge Duke Power Mecklenburg SWIM buffers 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
m 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 ali conditions
Mooresvdle Regional Office
Location 610 East Center Avenue Suite 301 Mooresvtlle NC 28115
Phone [phone]\Fax [phone]\ Customer Service 1 877 623 6748
Internet htta //portal ncdenr orq/web/wq
An Equal Opportunity/A�rmative Action Employer — 50 / Recycled/10 / Post Consumer Paper
NorthCarolina
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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 No impacts shall occur in the buffer from top of bank includmg the removal of trees and soil disturbance
except along the immediate shoreline (< 3 ft) and those specifically approved by this authorization Minimal
shapmg/slopmg of shorelme allowed
3 The impact buffer upon completion of the pro�ect shall be planted with a vegetated cover
4 All staging shail including spoil and construction material shall occur outside of the buffer
5 All stormwater shall be directed as diffuse/sheet flow (not piped) at non erosive velocities through the
protected lake/stream buffer and wili not re concentrate before discharging into the lake/stream as
identified withm 15A NCAC 26 0243(5)
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 OversighUExpress 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
cnminal 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 ad�udicatory 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 bmding unless
you ask for a hearing
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shali be referred in writing to the Director for a decision The Director s decision is sub�ect 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 Karen Higgins 919 807 6360 or Alan Johnson at 704 663 1699
Sincerely
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for Coleen H Sullins
Enclosure
cc Karen Higgins Wetlands Unit
Duke Energy Lake Services PO Box 1006 Charlotte NC 28201 1006
Scott Snyder AECOM 10 Patewood Dr Bldg VI Ste 500 Greenville SC 29615