HomeMy WebLinkAbout20140745 Ver 2_Approval Letter_20210630ROY COOPER.
Governor
JOHN NICHOLSON
interim Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 30, 2021
DWR # 14-0745V2
Mecklenburg County
Karen Weston -Chien
Mecklenburg County
3205 Freedom Dr.
Charlotte, NC 28208
Delivered via email to karen.weston-chien@mecklenburgcountync.gov
Subject: Authorization of Catawba Riparian Buffer Impacts with Additional Conditions;
Swimming Area Project, Ramsey Creek Park, Lake Norman
Dear Ms. Weston -Chien,
You have our approval for the impacts listed below for the purpose described in your application
submitted June 11, 2021. These impacts are covered by the Catawba Riparian Buffer Rule and the
conditions listed below. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0611(b)(2)]
Type of Impact
Amount Approved (units)
Permanent
Buffers — Zone 1
5251 (square feet)
Shoreline
165 (linear feet)
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
This approval includes the additional conditions listed below:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Resource Env. Solutions (RES) to meet this
mitigation requirement. Until the RES receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to RES to meet the following compensatory mitigation requirement [15A NCAC
02H .0506(c)]:
D_EQNCR T CAg .LNn
Department or Environmental Ooallly
North Carolina Department of Environmental Quality f Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699
Compensatory Mitigation
Required
River and Sub -basin Number
Stream
5251 (sq. feet)
Catawba (03050101)
2:1 ratio
Wetlands
0 (acres)
n/a
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
uses, numeric criteria, narrative criteria and the state's antidegradation policy), the
project must provide for replacement of existing uses through compensatory mitigation.
2. All stormwater shall be directed as diffuse or sheet flow (not piped) at non -erosive
velocities through the protected lake buffer and should not re -concentrate before
discharging into the lake. [15A NCAC 02B .0614(8)]
3. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project
completion. (available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms or see
attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B .0614(9)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
If you are unable to comply with any of the conditions below, you must notify the Mooresville Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0614]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
This Authorization can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Catawba Riparian Buffer Rules as described in
15A NCAC 02B .0614. Please contact Doug Perez at 704-743-6872 or doug.perez@ncdenr.gov if you
have any questions or concerns.
Sincerely,
DocuSigned by:
fi4.Iuw H Pzue4
F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Caitlan B. Parker, RES, cparker@res.us
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
14-0745V2
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Mecklenburg County, has permission as outlined
below to impact 5251 square feet of Zone 1 in the Catawba Riparian Buffer in Mecklenburg
County in order to proceed with the swim area. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached certification. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION: Ramsey Creek Park
COUNTY: Mecklenburg
BASIN/SUBBASIN Catawba (03050101)
Impacts:
5251 sq. ft., Zone 1
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or
preservation of wetlands as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one -quarter acre increments
according to 15A NCAC 2R .0503(b).
Mitigation:
5251 linear feet total of stream required (2:1)
Mitigation:
10502 sq. ft. of buffer mitigation is required for the 401 Water Quality Certification. In
correspondence dated June 11, 2021, Resource Environmental Solutions, LLC indicated that
EBX had available credits.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the DMS per 15A NCAC 2R .0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this
form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE DMS.
Signature Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652