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HomeMy WebLinkAbout20120082 Ver 1_Approval Letter_20120206Beverly Eaves Perdue Governor Ms Lisa Abdy Ciray 128 Hidden Pines Dr Mt Holly NC 28120 �� NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild P E Director Subject Property Shoreline Stabilization Stonewater SD Lot #420 Mtn Island Lake Dee Freeman Secretary February 6 2012 DWQ# 12 0082 Gaston County Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian Buffer Rule (15A NCAC 2B 0243) with Additional Conditions Dear Ms Abdy Ciray 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 30 2012 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 / /portal ncdenr orq /web /wq /swp /ws /401 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 Certification and any additional conditions listed below Mooresville Regional Office One Location 610 East Center Avenue Suite 301 Mooresville NC 28115 North Carolina Phone (704) 663 16991Fax (704) 663 60401 Customer Service 1 877 623 6748 �aturallr� Internet http / /portal ncdenr orq /web /m An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Amount Approved Units Plan Location or Reference Shoreline 85 feet Rip rap 404 /LAMA Wetlands (acres) Waters 240 (square ft Buffers — Zone 1 170 (square ft Per application 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 / /portal ncdenr orq /web /wq /swp /ws /401 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 Certification and any additional conditions listed below Mooresville Regional Office One Location 610 East Center Avenue Suite 301 Mooresville NC 28115 North Carolina Phone (704) 663 16991Fax (704) 663 60401 Customer Service 1 877 623 6748 �aturallr� Internet http / /portal ncdenr orq /web /m An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper 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 including the removal of trees and soil disturbance except along the immediate shoreline (< 3 ft) Minimal shaping /sloping of shoreline allowed 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 6 All stormwater shall be directed as diffuse /sheet flow (not piped) 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 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 Directors 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 Alan Johnson at 704 663 1699 Sincerely for Charles Wakild P E Enclosure cc Karen Higgins Wetlands Unit Duke Energy Lake Services PO Box 1006 Charlotte NC 28201 1006 Paul Nelson Celtic Masonry 149 Clipper Lane Mooresville NC Yk DWQ Protect No Applicant Notice Of Initiation of Construction To be completed by DWQ County Cl 5 0 t'1 C ► r r d Project Name l`r 1 C 1 ra I Date of Issuance of 401 Water Quality Certification 2,16 1/z Upon initiation of impacts appro-, ed by the issuance of this 401 Water Quality Certification/Buffer 4uthonzation the applicant is required to return this notice (condition # 1 per approval) to DVv Q SWP Section Mooresville Regional Office 610 East Center ANenue Suite 301 Mooresville NC 28115 Or Fax to the attention of Alan Johnson at 704 663 6040 4pplccant/Authorized Agent s Certification 1 hereb} state that to the best of my abilities due care and diligence the approved impacts hai e begun to be constructed The proposed imparts are to be installed/constructed /completed inithin substantial compliance and intent of the 401 Water QualitN Certificatic)n/Buffer Rule Authorization the approved plans and specifications and other supporting materials Date of initiation of Construction Signature Title Date