20080826 Ver 3_Approval Letter_20191122

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
November 22, 2019
DW R # 08-0826V3
Iredell County
Kurt Busch
151 Lugnut Lane
Mooresville, NC 28117
Subject Property: 170 Broad Sound Place, Mooresville
AUTHORIZATION (After The Fact) of Catawba River Riparian Buffer Protection Rules MINOR
VARIANCE [15A NCAC 2B .0243 (9)(c)] and shoreline stabilization with additional conditions
Dear Mr. Busch,
You have our authorization, in accordance with the conditions listed below, to impact
1430 square feet (ft2) of Zone 1 of the protected buffers as described within your minor variance
request dated September 10, 2019, received by the Division of Water Quality (DWQ) on
November 14, 2019. This letter shall act as your Major Variance authorization as described
within 15A NCAC 2B .0243(9)(c). In addition, you should get any other required federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control. This authorization shall expire five years from the date of this authorization.
This authorization is only valid for the purpose and design that you described in your
Minor Variance Request dated September 10, 2019 and shoreline stabilization dated May 28,
2019. If you change your project, you must notify us and you may be required to send us a new
request for authorization. If the property is sold, the new owner must be given a copy of this
authorization and is thereby responsible for complying with all conditions.
No impacts (except for "exempt' uses as identified within 15A NCAC 2B .0243) shall occur to
Zone 1 of the protected riparian buffers. For this authorization to be valid, you must follow the
conditions listed below.
With the exception of the approved putting green, the remainder of Zone 1 of the
Catawba Buffer shall be restored. The sod that was placed within Zone 1 shall be
removed. At minimum, restoration to the pre-existing status with shrubs (native species)
and pine needle/mulch is allowed. Photo documentation shall be provided upon
completion.
2. The shoreline work is approved for the repair and stabilization of the existing shoreline.
This approval does not allow any extension of the shoreline into the lake. [15A NCAC
02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B .0243(8)]
D Q North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH CAROHNA �
o.namremor �w.c�giuuei� /`� 704.663.1699

Type of Impact
Amount Approved (sq. ft.)
permanent
Open Waters
190 sq. ft. (0.002 ac)
Buffer
0 sq. ft.
Shoreline length
190 ft.
3. Mitigation: Compensatory Mitigation Using the Division of Mitigation Services (DMS)
Mitigation must be provided for the proposed impacts as specified in the table below.
This has been determined by the DWR to be a suitable method to meet the
mitigation requirement. Until the DMS receives and clears your check (made
payable to: DENR — Division of Mitigation Services), this approval shall not be valid.
The DMS should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have one month from the date of
this authorization to make this payment. For accounting purposes, this Authorization
authorizes payment into the Buffer Restoration Fund to meet the following
compensatory mitigation requirement:
Compensatory
Reference
Mitigation
Mitigation Required
Zone 1 Buffers
1430 (square feet)
Catawba 03050101
2860 (square feet)
4. Certificate of Completion. Upon completion of all work approved within this Buffer
Authorization, the applicant is required to return the attached Certificate of
Completion to:
401 Wetland & Buffer Permitting Unit
North Carolina Division of Water Resources
1617 Mail Service Center
Raleigh, NC, 27699-1617
5. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not
limited to sediment impacts, and any violation of state regulated riparian buffer
rules. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days
of the time the applicant becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, if the noncompliance has
not been corrected, the anticipated time compliance is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a
case -by -case basis. 15A NCAC 02B .0200

If you do not accept any of the conditions of this authorization, you may ask for and
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,
NC 27699-6714. This authorization 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 the Catawba
Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson or Jennifer
Burdette if you have any questions or require copies of our rules or procedural materials.
Sincerely,
EA
DocuSigned by:
4uw N Nuft
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Michael Burkhard, email
Janice Estep, CBC, email
Paul Wojoski, Wetlands Unit (email)

08-0826
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Kash 1717, LLC/Kurt Busch has permission as
outlined below to impact 1430 sq. ft. of Catawba Riparian Buffer (Zone 1) in Iredell 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: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
1430 square feet buffer
190 linear feet of shoreline
171 Broad Sound Place, Mooresville
Iredell
Catawba (03050101)
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.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to
the nearest foot and acreage requirements must be rounded to one -quarter acre increments
according to 15 2r .0503(b).
Mitigation:
2860 sq. ft. total of buffer required (2:1)
Mitigation:
1430 sq. ft. of buffer (X2) by the DMS required for the 401 Water Quality Certification. In
correspondence dated September 17, 2019 the DMS indicated that up to 1430 sq. ft. of buffer
mitigation would be conducted by DMS if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the DMS 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
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date