20090878 Ver 1_Approval Letter_20090915

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Tony Lee Bebber &
Deborah H Bebber
4534 N. Center St.
Hickory, NC 28602
Subject Property: 4534 N. Center Street, Lake Hickory
September 15, 2009
DWQ# 09-0878
Catawba County
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba Riparian Buffer Rule
(15A NCAC 2B .0243) with Additional Conditions
Dear Mr./Ms. Bebber:
On Septmber 14, 2009 this office received your response to the Notice of Violation issued on August
19th. We have reviewed your letter and accept your explanation of events. Given you response, 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 After-The-Fact application dated August 12, 2009:
Amount Approved Units Plan Location or Reference
Shoreline 100 feet
404/CAMA Wetlands acres
Waters 0.006 acres
Buffers - Zone 1 100 (square 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 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.
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.ncwaterauality.org
North Caroina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 from top of bank, including the removal of trees and soil disturbance,
except along the immediate shoreline. The buffer shall be allowed to return to a more natural state. A
mixture of mulch and pine straw is recommended for use in the buffer.
2. 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).
3. 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.
Sin rely,
for Coleen H. Sullins
cc: Ian McMillan, Wetlands Unit
Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201-1006
Angelique Morris, Permits Unlimited, 8165 church Rd. Taylorsville, 28681