20071984 Ver 1_Approval Letter_20080502

F WATF
0?0 ?pG 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
May 2, 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, l l-(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 with additional information received by DWQ
on January 8, 2008, and April 29, 2008. It is understood that the proposed repair area may in fact never
be constructed. If this area is never used for septic repair, K.B. Homes shall not make a 'claim for refund
of the mitigation payment, even if an alternate disposal method not requiring encroachment on the buffer
is found in the future. Should future technology become available that would allow a septic repair
without infringement on the buffer, you have proposed to use that alternative technology. 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 replaces the one issued on March 18,
2008.
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 givers 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.
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] / Intemet: http://h2o.enr.state.nc.us/ncwetlands
Noce Carolina
Naturally
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May 2, 2008
Kenneth Bealer Homes
Page 2 of 3
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
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 Variance, 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
Reference
R
Mitigation e uired 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.
May 2, 2008
Kenneth Bealer Homes
Page 3 of 3
This letter completes the review of the Division of Water Quality under the Catawba River
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
Si cerely,
Coleen H. Sullins
X
cc: Alan Johnson, DWQ Mooresville Regional Office
Toney Jacobs, S&ME, 385 Timber Road, Suite 104, Mooresville, NC 28115-7899
Kelly Williams, NC EEP
File Copy
Central Files
CHS/cbk/asc
File: 071984Lot23 TuskaroraPoi nt(Iredel I)V AR
Michael F. Easley, Governor
{
pF N1 A TE9
? p
G
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
(Duplicate copy for revised authorization dated May 2, 2008. Original was sent with March 18, 2008 ed below
as outlined
authorization.)
In accordance with 15A NCAC 2H.0500, Len Bealer of Kenneth Bealer Homes has permission
fill or otherwise impact 5,000 square feet of Zone chf is the located at Catawba River Basin protected riparian buffer to
Lot 23 Tuskarora Point, 438 Tuskarora Trail
to construct a proposed septic repair area at the site, w
in Mooresville, NC in Iredell County, North Carolina. Permit transmittal lettedr. with these authorized impacts must
VALID THIS CERTIFICATION IS NOT
conducted
WITHOUT THE ATTACHMENTS. attached
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
> LJw.,.•? -?
DWQ PROJECT 2007-1984
LOCATION: Mooresville
COUNTY Iredell
BASIN/ SUB BASIN Catawba/03050101
fired b 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
As required by
that impact or degrade the waters of
the above mitigable impacts through the restoration?o conducting hancement or any activities preservation
waters and riparian buffers as outlined below prior
the state.
ote: Acreage requirements proposed to be mitigated through ethe qu Eements must be rounded up to the nearest
rir
rounded to one-quarter acre increments and linear
Miti ation
a5,000 zuare o 15 2R.0503(b).
Im acts 10,000 Square Feet Zone 1 Buffers
eet Zone 1 B uffers payment of
ailable to satisfy the compensatory mitigation requirement is through the pay
One of the options you have av option, sign this form and
Enhancement
of u p401NCertCfic2R.053, if you ation or Buffer App se th royal is to the please
a fee to the Wetlands Restoration
mail the form along with ith a a copy your
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
PROCESSED BY RIZE D UNTIL ECOSYTEM U RECEIV ENHANCMENT
of this form. PLEASE NOTE, THE ABOVE IMPACTS
NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROGRAM.
Date
Signature
Filename: 071984Lot23TuskaroraPoint(W ake)401-NBR-EEP
401 oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / x g919) 3- 893
Internet: http://www.ncwaterquality.org
__.-, f-_ wnity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]