20072021 Ver 1_Approval Letter_20071207

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Mr. Carl Smith, III
203 Washam Rd.
Mooresville, NC 28117
Subject Property: 191 Washam Rd., Lake Norman
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 7, 2007
DWQ Project # 07-2021
Iredell 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. Smith:
You have our approval, in accordance with the attached conditions and those listed below,
to place fill in or to otherwise impact/stabilize the following as described in your application dated
December 3, 2007:
Amount Approved (Units) Plan Location or
Reference
Shoreline 243 (feet)
404/CAMA
Wetlands (acres)
Waters 0.017 (acres)
Buffers -Zone 1 243 (square ft.)
Buffers- Zone 2 (square ft.)
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3639 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.
The above noted Certification will expire when the associated USACOE's 404 permit
expires unless otherwise specified in the General Certification. 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 sgld, the new
Noi-thCarolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer
Service Internet: ncwaterquality.org FAX [phone]-623-
6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110°~° Post Consumer Paper

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owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions.
This approval requires you to follow the conditions listed in the attached Certification and
any additional conditions listed below.
The submitted shoreline photo and aerials have revealed that trees have been removed from
the buffer both at your current residence (203 Washam) and the shoreline application site
(191 Washam Rd.). At 191 Washam Rd., fifty-four (54) native specie trees, 8 ft. in height,
shall be planted in Zone 1 of the buffer. At 203 Washam Rd., Thirty (30) native specie trees,
8 ft. in height, shall be planted in Zone 1 of the buffer See photo. The trees must be three-
inch caliper trees.
2. The Catawba Buffer (June 30, 2001) extends 50 ft. landward from the lake project elevation
(760 elevation). Based on the Iredell County GIS map, this elevation does not coincide with
the property line. Zone 1 is the first 30 ft. of the buffer that must remain wooded. Zone 2 is
the remaining 20 ft. that may be cleared, but must remain vegetated.
3. No additional impacts shall occur in the buffer from top of bank.
4. Staging shall occur, and any spoil shall be stockpiled, outside of Zone 1.
5. 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).
6. 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 1506 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. 1506.

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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 Cyndi Karoly at 919-733-1786 or Alan Johnson at
704-663-1699.
Sincerely,
for Coleen H. Sullins
Enclosures: Photos, Certificate of Completion
cc: Ian McMillan, Wetlands Unit
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
CBC
Central Files

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