20081726 Ver 1_Approval Letter_20090109

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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
January 9, 2009
DWQ Project # 08-1726
Catawba County
Mr. James Mongene
1395 Roundstone Rd.
Sherrills Ford, NC 28673
Subject Property: Lot # 128, 395 Roundstone, 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. Mongene:
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 November 20, 2008:
Amount Approved (Units) Plan Location or Reference
Shoreline 180 feet 79 ft - ri ra , 101 ft -wall
404/CAMA Wetlands (acres)
Waters 0.006 acres
Buffers - Zone 1 180 (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 213 .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.
Mailing Address Phone [phone] Location
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
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Internet: www.newaterauality.org Customer Service t-877-623-6748
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1. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced.
2. 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.
3. Until a variance is applied for and approved the proposed retaining wall in Zone 1 shall not
be constructed until a variance as been approved by the Division of Water Quality. If a
variance request is denied, the area of impact shall be restored. An application can be
located at the above noted website: Riparian Buffers>Buffer Variances>Catawba Variances.
Please forward a copy to the regional office.
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
M. Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006