20071984 Ver 1_Approval Letter_20080318

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\O?0F 9pG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 18, 2008
DWQ # 2007-1984
Iredell County
Kenneth Bealer Homes
Attn: Mr. Len K. Bealer
PO Box 3398
Mooresville, NC 28117
Subject Property: Lot 23 Tuskarora Point, 438 Tuskarora Trail, Mooresville, NC
Lake Norman [030832,11-(75), WSIV, B, Ca]
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules VARIANCE [15A NCAC 2B
.0243(9)] with ADDITIONAL CONDITIONS
Dear Mr. Bealer,
You have our authorization, in accordance with the conditions listed below, to impact 5,000
square feet (ft) of Zone 2 of the protected buffers to construct the proposed septic repair area on the
subject property as described within your variance request dated November 1,.,2007, received by the
Division of Water Quality (DWQ) on November 19, 2007 viith additional information received by DWQ
on January 8, 2008. This letter shall act as your Variance authorization as described within 15A NCAC
2B .0243(9). In addition, you should get any other required federal, state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control. This authorization
shall expire five years from the date of this authorization.
This authorization is only valid for the purpose and design that you described in your Variance
Request. If you change your project, you must notify us and you may be required to send us a new
request for authorization. If the property is sold, the new owner must be given a copy of this
authorization and is thereby responsible for complying with all conditions. For this authorization to be
valid, you must follow the conditions listed below.
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0243 shall
occur to Zone 1 of the protected riparian buffers.
2. Deed Restrictions
Len K. Bealer of Kenneth Bealer Homes (permittee) shall execute and cause to be
recorded in the Iredell County Register of Deeds restrictive covenants acceptable to the
Division of Water Quality for the purpose of maintaining the riparian buffers, as shown
on the recorded plat (Lot 23 Tuskarora Point, Mooresville, NC), in their natural state in
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state,nc.us/ncwetlands
r
N hCarolina
Naturally
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March 18, 2008
Kenneth Bealer Homes
Page 2 of 3
perpetuity, prior to the sale or conveyance of Lot 23 Tuskarora Point in Mooresville, NC.
The permittee shall enforce the terms of the restrictive covenants and, prior to
conveyance of the subject property, shall take no action on the subject site described in
the covenants inconsistent with the terms thereof. This requirement excludes riparian
areas authorized for impacts in accordance with this minor variance approval. The
permittee shall provide a copy of the recorded restrictive covenants to the Division of
Water Quality within 15 days of recording.
3. Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
4. Mitigation: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be
a suitable method to meet the mitigation requirement. Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no
impacts specified in this Authorization Certificate shall occur. Kelly Williams of EEP
should be contacted at [phone] if you have any questions concerning payment
into a restoration fund. You have one month from the date of this authorization to make
this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Buffer Restoration Fund to meet the following compensatory
mitigation requirement:
Compensatory

Mitigation Required Reference
-
Mitigation
Plan sheet in Additional
Zone 2 Buffers 5,000 (square feet) Information Received 10,000 (square feet)
on 1-08-08
Notification
You must notify Amy Chapman of the 401 Wetlands Unit, 2321 Crabtree Blvd, Suite
250, Raleigh, NC 27604 and Alan Johnson in the Mooresville Regional Office at 610
East Center Avenue, Mooresville, NC 28115 in writing at least thirty (30) days prior to
using the proposed septic repair area.
If you do not accept any of the conditions of this authorization, you may ask for and 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, NC 27699-6714. This authorization and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Catawba River

March 18, 2008
Kenneth Bealer Homes
Page 3 of 3
Riparian Buffer Protection Rules [15A NCAC 2B.0243(9)]. Please call Cyndi Karoly or Amy Chapman
at 919-733-1786 if you have any questions or require copies of our rules or procedural materials.
Enclosure: Certificate of Completion
NC EEP Letter
Sincerely,
br-j-1 5
Coleen H. Sullins
cc: Alan Johnson, DWQ Mooresville Regional Office
Toney Jacobs, S&ME, 385 Timber Road, Suite 104, Mooresville, NC 28 1 1 5-7899
Kelly Williams, NC EEP
File Copy
Central Files
CHS/cbk/asc
File: 071984Lot23 TuskaroraPoint(Iredell)VAR
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Len Bealer of Kenneth Bealer Homes, has permission as outlined below
to fill or otherwise impact 5,000 square feet of Zone 2 of the Catawba River Basin protected riparian buffer to
construct a proposed septic repair area at the site, which is located at Lot 23 Tuskarora Point, 438 Tuskarora Trail
in Mooresville, NC in Iredell County, North Carolina. All activities associated with these authorized impacts must
be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2007-1984
LOCATION: Mooresville
COUNTY Iredell
BASIN/ SUB BASIN Catawba/03050101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts - Mitigation ,
5,000 S uare Feet Zone 1 Buffers 10,000 Square Feet Zone 1 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071984Lot23TuskaroraPoint(Wake)401_NBR-EEP
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401 Oversight/Express Review Permitting Unit d ?utuCQ??y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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