HomeMy WebLinkAbout20081359 Ver 1_Approval Letter_20081007W ATF
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9pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q `C Coleen H. Sullins, Director
Division of Water Quality
October 7, 2008
DWQ Project # 08-1359
Iredell County
Mr. David Zeyher II
175 Carriage Club Dr.
Suite 1-202
Mooresville, NC 28117
Subject Property: 163 High Lake Dr., Harbor Watch S/D, Lake Norman
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba
Riparian Buffer Rule (15A NCAC 2B.0243) with Additional Conditions
Dear Mr. Zeyher:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill in or to otherwise impact/stabilize the following as described in your application dated September
3,2008:
Amount Approved (Units) Plan Location or Reference
Shoreline 150 feet
404/CAMA Wetlands acres
Waters 0.013 acres
Buffers - Zone 1 150 (square ft.
Buffers- Zone 2 (square ft.)
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ) General
Water Quality Certification Number 3693 covers the impacts (a copy can be found at:
http://h2o.enr. state. nc. us/ncwetlands. This Certification allows you to use Regional General Permit No.
198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter shall also
serve as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project, including (but not limited to) those required by
Erosion and Sediment Control, Non-Discharge, Duke Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires
unless otherwise specified in the General Certification. This approval is for the purpose and design that
you described in your application. If you change your project, you must notify this office and you may be
required to submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions.
This approval requires you to follow the conditions listed in the attached Certification and any
additional conditions listed below.
1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. Ten native specie trees, 3-inch diameter at breast height, 8 ft. in height shall be planted randomly
through the buffer area. The selection should include at least two oak trees, with the remainder being
your choice of species. The trees shall be planted by November 30, 2008.
Mailing Address Phone (704) 663-1699 Location
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville. North Carolina
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Internet: www.newatergualityorQ Customer Service 1-877-623-6748
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3. No additional impacts shall occur in the buffer from top of bank, including the removal of trees and
soil disturbance, except along the immediate shoreline.
4. The access corridor shall be restored to its original state.
5. Staging shall occur, and any spoil shall be stockpiled, outside of Zone 1.
6. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected
lake/stream buffer and will not re-concentrate before discharging into the lake/stream as identified
within 15A NCAC 2B.0243(5).
7. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent
approved modifications, the applicant is required to return the attached Certificate of Completion form
to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification
(associated with the approved wetland or stream impacts), you may ask for an 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, N.C. 27699-6714. This Certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision
is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Catawba Riparian Buffer Rule as described within 15A NCAC 2B .0243. If you have
any questions, please telephone Cyndi Karoly at 919-733-1786 or Alan Johnson at 704-663-1699.
Sincerely,
for Coleen H. Sullins
Enclosures: Certificate of Completion
cc: Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
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