20090715 Ver 1_Approval Letter_20090728

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
July 28, 2009
DWQ# 09-0715
Gaston County
Mr. Thomas Kutz
820 Forest Point Rd., Ste. 100
Charlotte, NC 28273
Subject Property: The Vineyards, Lake Wylie
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian
Buffer Rule (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Kutz:
This approval replaces the certification issued on July 20, 2009. You have our approval, in accordance
with the general certification and those conditions listed below, to place fill in or to otherwise impact/stabilize
the following as described in your application dated June 22, 2009:
Amount Approved Units Plan Location or Reference
Shoreline 1625 feet
404/CAMA Wetlands acres
Waters 2.3 acres Stabilization/Dredging
Buffers - Zone 1 2105 (square ft.) Stabilization (+480 boat ramp)
Buffers- Zone 2 320 (square ft.) I Boat ramp
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.
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
Naturally
An Fniial nnnnrtunity/Affirmative Antinn Fmnlnver _ x;001 Renvr•.ler1/1 no/ Post Conti imar Paner
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. No impacts shall occur in the buffer from top of bank, including the removal of trees and soil disturbance,
Trees that are severely undermined along the immediate shoreline, may be removed.
3. The access corridor shall be restored to its original state.
4. It is recommended that the current path, located in the buffer, be utilized for the boardwalk. The geo-
textile, fabric used for the current gravel path, must be removed.
5. Mitigation must be provided for the proposed impacts as specified in the table below. You must apply to the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined
by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in
this Authorization Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into a restoration fund. You have 15 days from the date of this approval to
apply to the EEP. For accounting purposes, this Authorization Certificate authorizes payment into the
restoration fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Buffer - Zone 1 480 s feet Catawba
Buffer - Zone 2 320 s feet Catawba
Waters acres
6. Staging shall occur, and any spoil shall be stockpiled, outside of Zone 1.
7. 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).
8. 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. 1508.
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
cc: Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
RowBoat Dock/Dredge
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
09-0715
In accordance with 15A NCAC 2 H .0500, Thomas Kutz (The Vineyards), has permission as outlined
below to impact 800 square feet (sq ft) of buffer in order to proceed with the development in Gaston County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Zone 1- 480 sq ft
Zone 2 - 320 sq ft
The Vineyards, Amos Smith Rd
Gaston
Catawba
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
Zone 1 - 480 sq ft
Zone 2 - 320 sq ft
Mitigation:
A total of 800 sq ft of buffer mitigation by the EEP required for the 401 Water Quality Certification. More
mitigation may be required if mitigation is required to occur outside the catalogue unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS
BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1652 Mail Service Center
RALEIGH, N.C. 27669-1652