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Home My WebLink About20090602 Ver 2_Approval Letter_20130724A � �kt� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Neil Kappadia Faison - Gaston Gateway, LLC 121 West Trade Street, 27th Floor Charlotte, NC 28202 -5399 Division of Water Quality Thomas A. Reeder Acting Director Subject Property: Water's Edge, Lake Wylie John E. Skvarla, III Secretary July 24, 2013 DWQ# 09- 0602V2 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 Mr. Kappadia: 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 July 12, 2013 and received July 18, 2013. 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:// 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 (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. Mooresville Regional Office Location* 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663 - 1699 \Fax: (704) 663 -6040\ Customer Service* 1- 877 - 623 -6748 Internet htta: / /Portal.ncdenr.omtwehNm An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina Amount Approved (Units) Plan Location or Reference Shoreline feet 404 /CAMA Wetlands (acres) Waters 0.31 acres Buffers — Zone 1 600 (square ft. Boardwalk 6 ft wide & Buffers- Zone 2 240 (square ft. Handicap lift 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:// 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 (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. Mooresville Regional Office Location* 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663 - 1699 \Fax: (704) 663 -6040\ Customer Service* 1- 877 - 623 -6748 Internet htta: / /Portal.ncdenr.omtwehNm An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina DWQ# 09 -0602 The above noted Certification will expire when the associated USACOE's 404 permit expires unless otherwise specified in the General Certification. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. 1. 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. 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 3. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance, except that approved within the application. 4. The access corridor shall be restored to its original state. 5. Staging shall occur, and any spoil shall be stockpiled, outside of Zone 1. 6. All storm water shall be directed as diffuse flow 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. This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609 -6285 DWQ# 09 -0602 One (1) copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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 213 .0243. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360. Sincerely, for Thomas A. Reeder Attachments cc: Army Corps of Engineers, Asheville Karen Higgins, Wetlands Unit Mike Degner, Rowboat Dock and Dredge