20220442 Ver 1_Buffer Approval_20220624

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

June 24, 2022

DWR # 22-0442
Burke County
Brian Brooks
156 Water Ski Dr
Statesville, NC 28611
Email: [e-mail]

Subject: APPROVAL of CATAWBA BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Brooks, 3549 Peninsula Pt Dr NW

Dear Mr. Brooks:

You have our approval for the impacts listed below for the purpose described in your application dated
May 04, 2022, received by the Division of Water Resources (Division) May 18, 2022, with subsequent
information received on June, 15, 2022. These impacts are covered by the Catawba Buffer Rules and the
conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to
obtain all other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply
Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0611(b)(2) ]

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary

Buffers – Zone 1
Site 1 432 (square feet) 2,592 (square feet)
Buffers – Zone 2
Site 1 0 (square feet) 160 (square feet)
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Authorization Certificate. If you change
your project, you must notify the Division and you may be required to submit a new application
package. If the property is sold, the new owner must be given a copy of this Authorization Certificate
and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
DocuSign Envelope ID: 80E67550-9350-45BD-A421-28913AB0931D

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

Brooks, 3549 Peninsula Pt Dr NW
DWR# 22-0442
Buffer Impact Approval
Page 2 of 3

If you are unable to comply with any of the conditions below, you must notify the Asheville Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0614. 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.
Additional Conditions:

1. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, forested vegetation shall be re-
established within the construction access or other temporary impact area occurring in the
protected buffer zone within the next growing season following construction of the project.
[15A NCAC 02B .0614(7) and (8)]

2. The Permittee shall replant the vegetation within temporarily disturbed areas associated with
this project in an “in kind” manner immediately following construction. Restoration of
trees/shrubs/forest must be completed by the first subsequent planting season (November 1
through March 30). Note, if the tree plantings do not survive, they will need to be replaced
such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H
.0507(c), 15A NCAC 02H .0506(b)(3), and 15A NCAC 02B .0614(10)(dd), (ee)]

3. Immediately post- construction, bare soils must be stabilized as quickly as possible by
providing a temporary ground cover. Newly seeded areas should be protected with mulch
and/or erosion matting. This ground cover is a temporary measure used to address erosion
until buffer restoration can be accomplished. [15A NCAC 02B .0611(b)(4) / (c)(4), 15A NCAC
02B .0203, 15A NCAC 02B .0614(7) and (8)]

4. The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must
be used to meet this standard. [15A NCAC 02B .0211 (21)

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.

This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina
Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North
Carolina Administrative Code. Additional information regarding requirements for filing a Petition and
Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919)
431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
DocuSign Envelope ID: 80E67550-9350-45BD-A421-28913AB0931D

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

Brooks, 3549 Peninsula Pt Dr NW
DWR# 22-0442
Buffer Impact Approval
Page 3 of 3

Raleigh, NC 27699-1601

If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR# 22-0318 expires.

This letter completes the Division’s review under the Catawba Riparian Buffer Rules as described in 15A
NCAC 02B .0614. Please contact Mitchell Anderson at 828-296-4662 or [e-mail]
if you have any questions or concerns.
Sincerely,

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO

ec: Charlie Washburn – Marine Construction LLC
Brandee Boggs - USACE Asheville Regulatory Field Office
Andrea Leslie - NCWRC
Cayce Brennan – Duke Energy Lake Services
DWR 401 & Buffer Permitting Unit file

DocuSign Envelope ID: 80E67550-9350-45BD-A421-28913AB0931D