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HomeMy WebLinkAbout20140745 Ver 2_Revised Approval Letter_20211025ROY COOPER. Governor JOHN NICHOLSON interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 25, 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 (corrected) 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 the approved Bank Sponsor Environmental Banc & Exchange [hereby known as Bank Sponsor(s)] for use of the Dogtown mitigation bank that is listed on the DWR Approved Mitigation Bank List https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=546700&cr=1. Until the Bank Sponsor 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 NCR I, rniaa NA Department or Environmental Ouallly 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 purposes, this Authorization Certificate authorizes payment to the Dogtown Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02B .0295 (f) & (g)]: Mitigation Type Impact Amount Compensatory Mitigation Required Mitigation Location Buffer 5251 sq. ft. 10502 sq. ft. Catawba Watershed 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: ,44.I41w H P:zt e. �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