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HomeMy WebLinkAbout20071886 Ver 1_Approval Letter_20071213Yage L oT Z 1. Impacts shall no exceed top of bank. Impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance. 2. A single access corridor shall be allowed and limited to 10 feet in width. Upon completion of the project any trees removed (>/= 3") shall be replaced and the area restored to its original state. 3. Staging shall occur, and any spoil shall be stockpiled, outside of Zone 1. 4. 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 26 .0243(5). 5. 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. 1508. 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 26 .0243. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan Johnson at 704-663-1699. Sincerely, ~ ,~ j`~ for Coleen H. Sullins Enclosures: Certificate of Completion cc: Ian McMillan, Wetlands Unit Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office Kim Broome, Dock Masters Central Files O~O~ W A T F9QG ~ ~ ~_ ~ ~ ~ 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 4, 2007 Gaston County DWQ Project #07-1886 Mr. Stephen Cochran 529 Stuart Ridge Cramerton, NC 28012 Subject: Hold: Oak Crest Trail, Lake Wylie Dear Mr. Cochran: The Division of Water Quality (DWQ) received your 401 Water Quality Certification application for the subject project on November 7, 2007. Mr. Alan Johnson of the Mooresville Regional Office has reviewed your application and based on his review more information is required. Please provide the following: Access will be by land. Please provide a diagram and area of impact for access to the shoreline. Please provide information regarding the size and number of trees proposed to be removed from the buffer and restoration of the buffer upon completion of project. The buffer rules regulates trees greater than/equal to 3" in diameter at breast height. Please provide photos of the shoreline. Digital photos may be email to: AIan.Johnson~a~,ncmail.net or mailed. Pursuant to 15A NCAC 2H .0507(h), please be advised that this project will be placed on hold until such time as the requested information has been received. In addition, this office is requesting that the Army Corps of Engineers withhold processing the 404 permit until the requested information is provided. Failure to submit the requested information by January 30, 2007 will result in the withdrawal of the application from consideration. Anew application may be submitted with a new fee. If you have any questions, please contact me at (704) 663-1699 or Ms. Cyndi Karoly in Raleigh at (919) 733-9721. Sincerely, Alan Johnso Surface ter Protection Env. Specialist cc: Corps of Engineers-Asheville Office Ian McMillan -Wetlands Unit Kim Broome, Dock Masters, 5850 Charlotte Hwy., Lake Wylie, SC 29710 Central Files No°rthCarolina JVatcrra!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper