20070124 Ver 1_Approval Letter_20070209

o`'~~ w a r~9~~
~ ~ ~ 'i ~
~ '-
V Ir v v
o ~
Mr. Larry G. Powell I I I
7707 Walthall Court
Charlotte, NC 28210
Subject Property
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Lot #3, Conner Cove Lane, Lighthouse Pointe S/D
Lake Norman
Alan W. Klimek, P.E. Director
Division of Water Quality
February 9, 2007
DWQ Project # 07-0124
Lincoln County
Approval Of 401 Water Quality Certification and Authorization Certificate per the Catawba Riparian
Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Powell:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill in or to otherwise impact/stabilize the following as described in your application received on
November 20, 2006:
Amount A proved Units) Plan Location or Reference
Shoreline 100 feet
404lCAMA Wetlands (acres)
Waters .007 acres
Buffers -Zone 1 100 ( uare ft.
Buffers- Zone 2 square 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 (USAGE). 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.
The above noted Certification will expire when the associated USACE'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.
N °°hCarolina
,1~aturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Page 2 of 2
This approval requires you to follow the conditions listed in the attached Certification and any
additional conditions listed below.
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. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected buffer
such that it will not re-concentrate before discharging into the lake as identified within 15A NCAC
26.0243(5).
4. 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 SenriceCenter, 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 impads), 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 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.
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 by the Division of Water Quality under Section 401 of the Clean
Water Act and the Catawba Riparian Buffer Protection Rules as described within 15A NCAC 2B .0243.
If you have any questions, please telephone Ian McMil Ian at 919-733-1786 or Bang Love at 704-663-
1699.
~.. Sincerely~~y
f,../~~~'GrZ_ ~'~t `r ~"-~--~--tom
for Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3492
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
File Copy
Central Files
Ian McMillan -Wetlands Unit
Chip Bridges - CBC