20072030 Ver 2_Approval Letter_20080516

WATF9Q Michael F. Easley, Governor
.o 6 William G. Ross Jr., Secretary
C/ tom- North Carolina Department of Environment and Natural Resources
I Coleen H. Sullins, Director
Division of Water Quality
May 16, 2008
DWQ # 07-2030, Ver. 2
Mecklenburg County, NC
Page 1 of 2
Mr. Barry Shearin
Charlotte-Mecklenburg Utilities (CMU)
5100 Brookshire Boulevard
Charlotte, NC 28216
RE: Griffith Street Pump Station Modifications
Lake Norman [030832,11-(7.5), WSIV, B, CA]
MAJOR VARIANCE APPROVAL per the CATAWBA RIVER RIPARIAN AREA PROTECTION
RULE [15A NCAC 2B.0243(9)] w/ ADDITIONAL CONDITIONS
Dear Mr. Shearin:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact approximately 509 square feet of Zone 1 of Catawba River basin protected riparian
buffers and 1,208 square feet of Zone 2 of Catawba River basin protected riparian buffers for the
purpose of constructing the proposed below ground emergency sewer detention structure at the site as
described within your Major Variance Request dated January 17, 2008, and received by the DWQ on
January 30, 2008, with additional information received from you on February 28, 2008. This letter shall
act as your Major Variance approval as described within 15A NCAC 213 .0243(9)(c). 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 and Non-Discharge.
This approval is only valid for the purpose and design that you described in your Major Variance
Request. If you change your project, you must notify us and you may be required to send us a new
application and request a new Major Variance approval. If the property is sold, the new owner must be
given a copy of this approval and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506(h)(6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached Certification and any other conditions listed below.
Additional Conditions:
tion:
Mitigation:
1. Compensatory Buffer Mitigation Using the Ecosystem Enhancement Program (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] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
One
N Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Barry Shearin and Charlotte-Mecklenburg Utilities
Page 2 'of 2
May 16, 2008
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 Buffer Restoration Fund administered by 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. The EEP should be contacted at (919) 715-
0476 if you have any questions concerning payment into a restoration fund. The payment to the EEP
by CMU shall occur within 60 days of receipt of the EEP invoice by the CMU. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration
Fund to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Buffers - Zone 1 1,527 (square feet Catawba/03050101
Buffers - Zone 2 1,812 (square feet) Catawba/03050101
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full
EMC to review your variance request. You must send us a request for this review in writing within 60
days of the date that you receive this letter. If you do not accept any of the conditions of their review,
you may ask for and adjudicatory hearing. 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, PO
Box 27447, Raleigh, N.C. 276 1 1-7447. This Certification and Major Variance Approval 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 Riparian
Buffer Protection Rules (15A NCAC 2B .0243). Please call Cyndi Karoly at 919-733-9721 if you have
any questions or require copies of our rules or procedural materials.

Sincerely,
Coleen H. Sullins
Cc: Alan Johnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Jacob VandenBosch, McKim & Creed, P.A., 8020 Tower Point Drive, Charlotte, NC 28227
Filename: 072030Ver2GriffithStreetPumpStationModificadons(Mecklenburg)CBR_Mar_Var
O?O? W A T ?qpG
7
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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, Mr. Barry Shearin and CMU, have permission as outlined below to fill or
otherwise temporarily impact approximately 509 square feet of Zone 1 of Catawba River basin protected riparian
buffers and 1,208 square feet of Zone 2 of Catawba River basin protected riparian buffers, for the purpose of
constructing the proposed below ground emergency sewer detention structure at the site, which is located off
Griffith Street, in Davidson, Mecklenburg 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 20072030, Ver. 2
LOCATION: Davidson
COUNTY Mecklenburg
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
509 Square Feet Zone 1 Buffers 1,527 Square Feet Zone 1 Buffers
1,208 Square Feet Zone 2 Buffers 1,812 Square Feet Zone 2 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: 072030Ver2GriffithStreetPumpStationModifications(Mecklenburg)CBR-Mar Var-EEP
One
NthCarola
401 Oversight/Express Review Permitting Unit lltllCall
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper