20060595 Ver 1_COMPLETE FILE_20060410

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 20, 2006
DWQ# 06-0595
Mecklenburg County
Mr. Daniel Stilwell
3158 Highgate Dr.
Fort Mill, SC 29715
Subject: Parcel #11331103, Windy Gap Rd.
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Stillwell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.003 acre of waters and 0.002 acre of riparian buffer for the purpose of
stabilizing approximately 55 linear feet of shoreline on Lake Wylie, as described in your application received on
April 10, 2006. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, 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 only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. This approval, however, should not be construed as authorization to impact any part of the 50-foot
riparian buffer that currently exists on the main stem of the Catawba River under the Catawba River Buffer
Protection Rule (15A NCAC 213 .0243). If the total wetland fill for this project (now or in the future) exceeds
one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. No impacts shall occur in the buffer, including the removal of trees, except along the immediate shoreline.
2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1506 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

forAlan W. Klimek, P.E.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Ian McMillan
Central Files
?,PR `L ? 7?J06
DEWR - WA? L , t kl r t fit"d?H
?r tiCS r'?ivQ STC'7.::1'?r'Al1 O
Triage Check List
Date: 4/13/06
Project Name: Daniel R. Stilwell
DWQ#: 06-0595
County: Mecklenburg
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 4/10/06 - 6/08/06
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than I acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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1. Applicant Information
1.
Owner/Applicant Information
Name: pin, I1 i I
Mailing Address: (-')I S
Telephone Number: RDS- ?W_Z2 --?AYP7 Fax Number: Z91- W ,?' -- 7 22 '
E-mail Address:_ J_-) ec ,?y.A+"iit Czv r &_?4 ?'r-ae- , f2P_.4-
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location ?}
County: ?? ? C ' A-?LM Nearest Town: C had C"ttu- kL G
Subdivision name or site ad ess (include phase/lot number): R, ,--r ea 1133110-3
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the ex}sting land use or condition of the site at the time of this
nnnlientinn. 1 rk-t A-A-t" I Lis,Ark
3. Property size (acres): I , I
4. Nearest body of water (stream/river/sound/oc ak9, : VJ iI I- (J?,
5. Describe the purpose of the proposed work: ?r -O 4't,•" 4- ( ? ch1-
6. List the type of equipment to be used to construct the project: 1.0 I y C-d 6ZL.,0• 2:f-
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level ' square feet or acres-.-,,
? 55'c t'?
t e ki? --JPEt 11
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: C
b. Please describe vegetation above the normal pool lake level and 50 feet
ward to be impacted (number of trees for instance): El +Z e S
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(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Telephone Number: 3?/•?-gC*7 Fax Number:
E-mail Address: t'C ? i?-t C C e44 , F2P ?"
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1. Owner/Applicant Information
Name: -Din - ]L
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
II.
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: WC ' ' AbM Nearest Town: C k o cit - k% C,
Subdivision name or site ad ess (include phase/lot number): a. --C P 1 t 133// 0,3
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the eX1sting land use or condition of the site at the time of this
.. \ !- A A N 1-- i A:R Al
3. Property size (acres): I , 11
4. Nearest body of water (stream/river/sound/oc ake, : tJ1 ?- I'i
5. Describe the purpose of the proposed work: ?-OP cN'L.
6. List the type of equipment to be used to construct the project: j.,.," L-ee ! 6«.-,1ZZ:s"
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level ' square feet or acres: ,-`2 S!7,, P+
V--) 0 -?Lt 11 ,7>L- ?
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: C
b. Please describe vegetation above the normal pool lake level and 50 feet
ward to be impacted (number of trees for instance): , `"rzne S -I

(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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