20070627 Ver 1_Approval Letter_20070604

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Coleen H. Sullins
Division of Water Quality
June 4, 2007
DWQ Project # 07-0627
Catawba County
Hidden Harbour, LLC -Clyde Johnson
1235 F Avenue
West Columbia, SC 29169
Subject Property: 8953 Greenwood, Hidden Harbour S/D, Lake Norman
Approval Of 401 Water Quality Certification and Authorization Certificate per the Catawba
Riparian Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Johnson:
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 .received on April 10, 2007:
Amount A roved Units Plan Location or Reference
Shoreline 500 feet)
404/CAMA Wetlands acres
Waters .05 acres
Buffers -Zone 1 750 s uare ft.
Buffers- Zone 2 s uare ft.
After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3639, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Regional General
Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USAGE). 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 USACE'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.
No~rthCarolina
,1Vaturally
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
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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 vehicle access road and boat ramp shall not exceed 10 feet in width in the buffer.
2. No impacts shall occur in the buffer, including the removal of trees, except along the
immediate shoreline. Impacts shall not exceed the top of the bank.
3. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion
of the project.
4. All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected buffer such that it will not re-concentrate before discharging into the lake as
identified within 15A NCAC 2B .0243(5).
5. 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 1506 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. 1506.
This letter completes the review by the Division of Water Quality under Section 401 of
the Clean Water Act and the Catawba Riparian Buffer Protection Rules as described within 15A
NCAC 2B .0243. If you have any questions, please telephone Ian McMillan at 919-733-1786 or
Barry Love at 704-663-1699.
Sincerely,
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` for Coleen H. Sullins
Enclosure: Certificate of Completion
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
File Copy
Central Files
Ian McMillan -Wetlands Unit
Ann L. Duncan -Permits 4U