20130882 Ver 1_Approval Letter_20131021

NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
October 21, 2013
Michael T. Durham
6388 Mountainside Drive
Hickory, NC 28601
A. Miles Champion, Jr., P.E.
1142 11 " St. Cir. NW
Hickory, NC 28601
DWQ Project # 2013 -0882
Caldwell County
Subject Property: 6388 Mountainside Drive
AUTHORIZATION of Catawba River Buffer Rule (15A NCAC 02B.0243) Authorization
Certificate
Dear Messrs. Durham and Champion:
You have our authorization, in accordance with 15A NCAC 02B .0243 and any conditions listed
below, to impact approximately 5361 (temporary) and 178 (permanent) A2 of Zone 1 and 3540
(temporary) 152 (permanent) P? of Zone 2 of the protected riparian buffers for the purpose of
constructing the segmental retaining walls at the subject property as described within your
application dated August 19, 2013. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but
not limited to) Erosion and Sediment Control, Catawba Buffer, and Duke Energy Progress
regulations.
This authorization is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this authorization letter and is
thereby responsible for complying with all conditions. This authorization requires you to follow
the conditions listed below.
Water Qualdy Regional Operations Section
2090 US Hwy 70. Swannanoa, NC 28778
Phone: 828 - 296-45001 FAX: [phone]
Internet, http : / /portal.nodenrorgM*b/wgANs
An Equal Opportunity 1 Affirmative Action Employer

Michael Durham
October 21, 2013
Page 2 of 3
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Authorization (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
The Additional Conditions of the Authorization are:
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non - erosive
velocities through the protected stream buffers and will not re- concentrate before discharging
into the stream as identified within 15A NCAC 2B .0243(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with
this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre - existing forest vegetation must be replanted with forest
vegetation including at least two different native hardwood tree species at a density sufficient
to provide 320 trees per acre at maturity. This density can usually be achieved by planting
approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of
trees/shrubs/forest must be completed by the first subsequent planting season (November 1
through March 30). Note, if the tree plantings do not survive, they will need to be replaced
such that the density is sufficient to provide 320 trees per acre at maturity.
Amount Approved nits
Plan Location or Reference
Buffers (zone 1)
178 sq. ft. (permanent)
Site Plan Sheet 1
5361 sq. ft. (temporary)
Buffers (zone 2)
152 sq. ft. (permanent)
Site Plan Sheet 1
3540 sq, ft. (temporary
The Additional Conditions of the Authorization are:
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non - erosive
velocities through the protected stream buffers and will not re- concentrate before discharging
into the stream as identified within 15A NCAC 2B .0243(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with
this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre - existing forest vegetation must be replanted with forest
vegetation including at least two different native hardwood tree species at a density sufficient
to provide 320 trees per acre at maturity. This density can usually be achieved by planting
approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of
trees/shrubs/forest must be completed by the first subsequent planting season (November 1
through March 30). Note, if the tree plantings do not survive, they will need to be replaced
such that the density is sufficient to provide 320 trees per acre at maturity.

Michael Durham
October 21, 2013
Page 3 of 3
5. Appropriate measures should be installed prior to any land clearing activities to protect waters
and wetlands from turbidity and/ or sedimentation. These measures should be routinely
inspected and properly maintained, and excavated materials should be contained outside the
wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on
aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging
of gills of aquatic species.
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 Authorization Certificate shall expire five (5) years from the date of this
letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0243(8). This letter does not authorize any impacts to Waters of the State. Please
contact the US Army Corps of Engineers (USACE) or NC Division of Water Resources (DWR)
if any impacts are proposed to waters. If you have any questions, please telephone Tim Fog of
the Asheville Regional Office at 828 - 2964500.
Sincerely,
Thomas A Reeder 17
TAR/trf
Enclosures: Certificate of Completion
Catawba Buffer Fact Sheet
cc: Corps of Engineers Asheville Field Office
DWR 401 Oversight/Express Unit
File copy
G: \WQ \SWP \Caldwell \401s\Non- DOT\Michael Durham\APRVL.Michael Durham 10- 21- 2013.doc