Loading...
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