20061887 Ver 1_Approval Letter_20070129

Michael F. Easley, Governor
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of W"ater Quality
January 29, 2007
DWQ Project # 06-1887
Catawba County
Grantland and Daphne Wagner
2164 Capes Cove Drive
Sherrills Ford, NC 28673
Subject Property.::. 8950 Fair Oak Drive -Lot 33, Lake Norman
Approval Of 401 VNater Quality Certification And Authorization Certificate per the
Catawba Riparian Buffer Rule (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. and Mrs. Wagner:
You have our approval, in accordance with the attached conditions and those listed
below, ~2o place fill in or to otherwise impact/stabilize the following as described in your
application dated December 18, 2006:
Amount A roved Units Plan Location or Reference
Sfioreline• 185.. (feet)
404/LAMA Wetlands acres
Waters 0.013 (acres
Buffers -Zone 1 185 s uare ft.
Buffers- Zone 2 s uare ft.
After reviewing your application, we have determined that N.C. Division of Water Quality
(DWQ) General Water Quality Certification Number 3492 covers the impacts. 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 otherwj"~e 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
;fdr complying with all conditions.
This approval requires you to follow the conditions listed in the attached Certification and
any additional conditions listed below.
None Carolina
~turally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
I-877-623-6748
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No additional im~a'cts shall occur in the buffer, including the removal of trees or
vegetation, excepf along the immediate shoreline [within one (1) foot]. There shall be no
sloping of the shoreline to accommodate the installation of the Allan Block wall. The removal
of ground cover shall be kept to a minimum during the installation of the wall, and no
benching of the shoreline will be allowed.
2. The construction access corridor for the skid steer shall not exceed a width of eight (8) feet
and no trees equal to or greater than three (3) inches in diameter at breast height may be
removed within the construction access corridor. The construction access corridor must be
mulched and/or other native vegetation established immediately upon completion of
construction.
3. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion
of the project.
4. All stormwater shall be directed as diffuse flow at non-erosive velocities throu, the
protected lake buffer and will not re-concentrate before discharging into the fjuffer as
identified within 15A NCAC 26 .0243(5). - -
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5. Upon completion of all work approved by this 4Qx'~1/ater Quality Certification, and any
subsequent approved modifications,. the appli~~nt is required to return the attached
Certificate of Completion form to the 401~versight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 ~Iil `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 streamrirnp~`cts), you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you recefvi?=this letter. To
ask for a hearing, send a written petition, which conforms to Chapter 1506 of the North Carolina
General Statutes, to the Office of Administrative Hear~~gs; 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This Certification and its conditiors,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. 1506.
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 Stephanie
Graham at 704-663-1699.
Sincerely, ~'
,..
for Alan W, Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492
cc: Ian McMillan, Wetlands Unit
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
Becky Fox, EPA
Central Files
Permits 4-U, Inc., Attn: Wendy Smith, 19721 Bethel Church Rd, Cornelius NC 28031