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HomeMy WebLinkAbout20170054 Ver 1_Approval Letter_20170314Water Resources ENVIRONMENTAL QUALITY Eric Wood 129 Homer Lane Mooresville, NC 28117 Subject Property: 14 March 2017 129 Homer Lane ROY COOPER Governor MICHAEL S. REGAN secretary S. JAY ZIMMERMAN Director DWR # 17-054 Iredell County AUTHORIZATION of Catawba River Riparian Buffer Protection Rules VARIANCE [15A NCAC 2B.0243 (9)(c)] with ADDITIONAL CONDITIONS Dear Mr. Wood, You have our authorization, in accordance with the conditions listed below, to impact 1135 square feet (ft2) of Zone 2 of the protected buffers on the subject property as described (natural planting area) within your variance request received by the Division of Water Quality (DWQ) on January 10, 2017. This letter shall act as your Variance authorization as described within 15A NCAC 2B .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. 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 Major Variance Request received on January 10, 2017 and subsequent information provided/discussed March 6, 2017. 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. 1. Stormwater Runoff: Stormwater runoff shall enter into the buffer as diffuse flow. 2. Mitigation: You have our approval for your proposed buffer mitigation plan. The enhanced buffer must be constructed, maintained, and monitored (2 yr) per this Authorization: The entirety of Zone 1 shall be returned to a natural ground cover (mulch/bark/straw). - A view corridor is allowed within Zone 1 (not to exceed 70 ft along the shoreline). This shall be planted with low growing (not ground cover only) native species shrubs/trees/plants. Stale of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 27699-1611 919 707.9000 The remaining 100 ft of shoreline shall be planted with native species, three inch (3") diameter trees, 8 ft in height on 10 ft centers. This shall include any trees existing within Zone 1. - Any plantings that fail to thrive within the two year monitoring period shall be replaced and DWR notified. Any repairs or adjustments to the site must be made according to the approved plan and authorization. Compensatory Reference Mitigation Required Mitigation Zone 1 Buffers n/a (square feet n/a n/a (square feet Zone 2 Buffers 1135 (square feet n/a Zone 1 (square feet 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. 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 Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson or Jennifer Burdette if you have any questions or require copies of our rules or procedural materials. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Mike Wetter, Nest Homes, mwetter@nesthomes.com DWR 401 & Buffer Permitting Branch file, laserfische State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699-1611 919.707.9000