HomeMy WebLinkAbout20120290 Ver 1_Approval Letter_20120327NCDEINR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
March 27 2012
DWQ# 12 0290
Gaston County
Mr Trey Barker
9200 Egret Ridge
Belmont NC 28012
Subject Property Shoreline Stabilization Armstrong Rd Lot #51 Lake Wylie
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian Buffer Rule
(15A NCAC 2B 0243) with Additional Conditions
Dear Mr Barker
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 March 20
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 om /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 1�TOne
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 T O Carolina
Phone (704) 663 1699 \Fax (704) 663 6040\ Customer Service 1 877 623 6748
Internet htta /!portal ncdenr org/webhwq aturally
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /101/ Post Consumer Paper
Amount Approved Units
Plan Location or Reference
Shoreline
120 feet
Rip rap
404 /CAMA Wetlands
acres
Waters
480 (square ft
Buffers — Zone 1
240 (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 om /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 1�TOne
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 T O Carolina
Phone (704) 663 1699 \Fax (704) 663 6040\ Customer Service 1 877 623 6748
Internet htta /!portal ncdenr org/webhwq aturally
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /101/ 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 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 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
Randy Clawson Clawson Construction 5805 Fiesta Rd Lake Wylie SC 29710