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