20081726 Ver 1_Approval Letter_20090505

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. James Mongene
1395 Roundstone Rd.
Sherrills Ford, NC 28673
Subject Property: Lot 128 Roundstone Rd., Lake Norman
May 5, 2009
DWQ# 08-01726V2
Catawba County
Authorization Certificate per the Catawba Riparian Buffer Rule (15A NCAC 2B .0243) Variance with
Additional Conditions
Dear Mr. Mongene:
You have our approval, in accordance with those conditions listed below, to place fill in or to otherwise
impact 1280 square feet (sq. ft.) of the buffer as described in your application dated April 17, 2009.
Amount Approved Units Plan Location or Reference
Shoreline (feet)
404/CAMA Wetlands acres
Waters (acres)
Buffers - Zone 1 1280 (square ft. Retaining wall/grading
Buffers- Zone 2 square ft.)
This letter shall also serve as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 26 .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.
This variance authorization 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 authorization 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. An additional fifteen native shrubs/under story trees (6 ft. minimum maturity height) shall be included in
the planting plan for the buffer. These shall be planted randomly throughout the buffer zone. The buffer
shall be restored with a mulch/pine straw mix and allowed to return to a natural state.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org
NorthCarolina
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2. 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).
3. 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.
If you do not accept any of the conditions of this variance, 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 authorization 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 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
cc: Ian McMillan, Wetlands Unit