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HomeMy WebLinkAbout20130745 Ver 1_Approval Letter_20130724NCD�EIR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Acting Director Secretary July 24, 2013 DWQ# 13 -0745 Catawba County Mr. Randy Lineberry 1610 Kale Road Catawba, NC 28609 Subject: Approval Catawba Buffer Authorization with Conditions Dear Mr. Lineberry: You have our approval, in accordance with the general certification and those conditions listed below, for the purpose described in your application dated July 15, 2013, and received by the Division of Water Quality (the Division) on July 19, 2013. 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. This Authorization allows you to conduct the project described in your application with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. Approved Impacts: 3. The access ramp shall not exceed 6 ft in width, except for approximately 50 square feet for "turn around /parking" within Zone 1. 4. 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 5. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance, except that related directly to construction of the ramp. 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: http:l /aortal ncdenr.om/web/wa An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Noe Carolina .Natwully Amount Approved Units Plan Location or Reference Shoreline feet Buffer Zone 1 200 (square ft. Buffer Zone 2 120 (square ft. 3. The access ramp shall not exceed 6 ft in width, except for approximately 50 square feet for "turn around /parking" within Zone 1. 4. 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 5. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance, except that related directly to construction of the ramp. 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: http:l /aortal ncdenr.om/web/wa An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Noe Carolina .Natwully DWQ# 13 -0745 6. Where temporary and /or inadvertent impact occurs within the buffer, it shall be restored to the prior existing condition. 7. 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. 8. All staging shall including spoil and construction material shall occur outside of the buffer. 9. 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). 10. 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. 11. All stormwater shall be directed as diffuse flow at non - erosive velocities and will not re- concentrate before discharging into the lake /stream as identified. 12. 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 Thomas A. Reeder Enclosure cc: Karen Higgins, Wetlands Unit