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Home My WebLink About20050372 Ver 1_Approval Letter_20050404 OOX-WATS"lto. ~ WQJC- ~. r- > . - "6 e--:"'-~"''''''':l :; \.(~ .~ Michael F. Easley, Governor William G. Ross Jr" Secretary North Carolina Department of Environment and Natural Resources ~{g@rnD\Ylrn~ APR 1 2 2005 Alan W. Klimek, r.E. Director Division of Water Quality Mr. Robert Hecht 8351 Pine Lake Rd. Denver, NC 28037 Dam. WATER QUALITY \',iffiNlOS AlID STORMWATER ERAl:CH April 4, 2005 DWQ# 05-0372 Lincoln County 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. Hecht: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.004 acre of waters and 0.004 acre of riparian buffer for the purpose of stabilizing approximately 85 linear feet of shoreline on Lake Norman, as described in your application received on February 24, 2005. 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://h20.enr.state.nc.us/ncwetlands. 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. 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. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)). 2. No impact to the buffer shall occur, including the removal of trees. 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. 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 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. N~~Carolina ,1\Il/llml/!! North Carolina Division of Water Quality 6\0 East Center Ave., Suite 301 Mooresville, NC 28\\5 Internet h2o.enr.state.nc,us An Equal Opportunity/Affirmative AC'jon Employer - 50% Recycledll0% Post Consumer Paper Phone (704) 663-\699 FAX (704) 663-6040 Customer Service \-877-623-6748 Page 2 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, / ,A / -) ,0 /, 7. ."--Y> IV~/':-:'~/ {p-p--- \. for Alan W. Klimek, P.E. AK/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly Central Files 0<;; WA rt2;y ~~,~ 0 lrbW~\ o '.. ...=.- ~"-._J ~ .J "..-> 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 4, 2005 DWQ# 05-0372 Lincoln County Mr. Robert Hecht 8351 Pine Lake Rd. Denver, NC 28037 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. Hecht: You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.004 acre of waters and 0.004 acre of riparian buffer for the purpose of stabilizing approximately 85 linear feet of shoreline on Lake Norman, as described in your application received on February 24, 2005. 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://h20.enr.state.nc.us/ncwetlands. 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. 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. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)). 2. No impact to the buffer shall occur, including the removal of trees. 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. 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 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. N?;rhCarOlina .?~tltllmll!/ North Carolina Division of Water Quality 610 East Center Ave" Suite 301 Mooresville, NC 28t 15 Internet h2o,enr,state,nc,us An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Phone (704) 663-1699 FAX (704) 663-6040 Customer Service 1-877.623-6748 Page 2 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. AK/aj Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Cyndi Karoly Central Files