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Home My WebLink About20161111 Ver 1_Approval Letter_20161123Water Resources ENVIRONMENTAL QUALITY November 23, 2016 Mr. Mark Harris 841 Victoria Lane Hickory, NC 28601 Subject Property: Parcel ID #003612, Lake Hickory PAT MCCRORY Governor DONALD R. VAN DER VAART &CrYwy S. JAY ZIMMERMAN ))weloe DWR# 16-1111 Alexander County AUTHORIZATION of Catawba River Riparian Buffer Protection Rules MINOR VARIANCE 115A NCAC 2B .0243(9)(c)] with ADDITIONAL CONDITIONS Dear Mr. Harris, You have our authorization, in accordance with the conditions listed below, to permanently impact 500 square feet (ft) of Zone 2 of the protected buffers at the subject property as described within your variance request dated November 12016, received by the Division of Water Resources (DWR) on November 7, 2016. This letter shall act as your Minor Variance authorization. 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 Minor 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. 1. No additional impacts (except for "exempt' uses as identified within 15A NCAC 2B.022) shall occur to Zone 1, except those set out in this authorization. 2. Mitigation: a) Zone 1 (between the wall and full pond) shall be converted to a natural buffer. The buffer shall be planted to a mix of native species trees and shrubs. Low growing trees such as dogwood, redbuds, river birch are strongly recommended. Given the area in question typical planting rate would be approximately eighteen trees. However, nine trees, along with a supplement of shrubs/bushes will be acceptable. Typically trees are required to be three-inch caliper trees, however 2 -inch caliper are acceptable. This work shall be completed by February 30, 2017. b) In addition, mitigation through the Division of Mitigation Services (DMS) must be provided for the proposed impacts as specified in the table below by December 31, 2016. The DMS should be contacted 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 authorizes payment Suite of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional ORce1610 Ea<t Center Avenue, Suite 3011 Mooresville, North Carolirm 28115 704 663 1699 into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: 3. Stormwater runoff from your site shall not be piped/diverted as concentrated flow through the riparian buffer zone. The lot should be graded such that water is released through sheet flow through the buffer. [15A NCAC 02B .0243(5)] 4. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC 0211 .0502 (e)] 5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division and must meet the Catawba Riparian Buffer Rule requirements. [15A NCAC 02B.0243(4) and (6)] 6. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer. [15A NCAC 02B.0243(4)] 7. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at: http://portal.ncdenr.or web/wq/swp/ws/401/certsandperTnits/appl /fy orms) or see attached. [15A NCAC 02H.0507 (c) and 15A NCAC 02B.0243(8)] 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 Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson 704-663-1699 or Jennifer Burdett at 919-807-6364 if you have any questions or require copies of our rules or procedural materials. Sigcerely, (.0(z W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Cc: Jennifer Burdett, Central Office Kelly Williams, Division of Mitigation Services, email File Copy Compensatory Reference Mitigation Required Mitigation Zone 1 Buffers 500 (square feet) Catawba 03050101 1,000 (s uare feet Zone 2 Buffers 0 (square feet) Na na (square feet 3. Stormwater runoff from your site shall not be piped/diverted as concentrated flow through the riparian buffer zone. The lot should be graded such that water is released through sheet flow through the buffer. [15A NCAC 02B .0243(5)] 4. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC 0211 .0502 (e)] 5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division and must meet the Catawba Riparian Buffer Rule requirements. [15A NCAC 02B.0243(4) and (6)] 6. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer. [15A NCAC 02B.0243(4)] 7. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at: http://portal.ncdenr.or web/wq/swp/ws/401/certsandperTnits/appl /fy orms) or see attached. [15A NCAC 02H.0507 (c) and 15A NCAC 02B.0243(8)] 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 Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson 704-663-1699 or Jennifer Burdett at 919-807-6364 if you have any questions or require copies of our rules or procedural materials. Sigcerely, (.0(z W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Cc: Jennifer Burdett, Central Office Kelly Williams, Division of Mitigation Services, email File Copy NORTH CAROLINA-DIVISON OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0243, the Mark Harris has permission as outlined below to impact 500 square feet of Catawba Riparian Buffer in order to proceed with the construction of the retaining wall in Catawba County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS) LOCATION: COUNTY: BASIN/SUBBASIN Impacts: 500 sq. ft. of buffer, Zone 1 841 Victoria Lane Alexander Catawba (03050101) As required by 15A NCAC 2H .0506, and the conditions of this authorization, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b). Mitigation: 500 sq. ft. of buffer required Mitination: 1,000 sq. ft. of buffer mitigation is required for the Catawba Buffer Authorization. More may be required if mitigation is required outside the unit. One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed 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 EEP. Signature ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 Mail Service Center RALEIGH, N.C. 27669-1652