20220759 Ver 1_Denial_20220728

DocuSign Envelope ID: C58C3C5B-74D5-49FB-9427-53C72B5EA333
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 28, 2022
DWR # 2022-0759 v1
Iredell County
Certified Mail: 7006 2150 0005 7360 9977
Return Receipt Requested
Ms. Angela M. Garcia
126 Caraway Lane
Mooresville, NC 28115
(Also delivered via email to [e-mail])
Subject: DENIAL OF CATAWBA RIPARIAN BUFFER AUTHORIZAITON APPLICATION (15A
NCAC 02B .0614 and 15A NCAC 02B .0611)
126 Caraway Lane, Mooresville, Iredell County
Dear Ms. Garcia:
On October 27, 2021, the Division of Water Resources (Division) issued you a Notice of Violation
(NOV) of the Catawba Riparian Buffer Protection Rules [15A NCAC 02B .0614] for unauthorized
impacts in the protected riparian buffer at the subject property. On November 15, 2021, the
Division issued a Continuing Notice of Violation (CNOV).1 On June 2, 2022, the Division received
an after -the -fact buffer authorization application requesting a Riparian Buffer Authorization
Certificate pursuant to the Catawba Riparian Protection Rules [15A NCAC 02B .0614] from the
Division for the unauthorized impacts noted in the NOV and CNOV.
The project, as described in the application and supporting materials, consists of an after -the -
fact authorization request for fill, wooden encasement, and concrete associated with a parking
and turn -around pad in Zone 1 of the regulated riparian buffer. This is not a use listed as deemed
allowable, allowable upon authorization, or allowable with mitigation upon authorization in the
Catawba Riparian Protection Rules Table of Uses [15A NCAC 02B .0614(10)]. For that reason, the
Division can not process your application as submitted and can not grant an Authorization
Certificate pursuant to 15A NCAC 02B .0611.
Therefore, in accordance with 15A NCAC 02B .0611 your application for a Buffer Authorization
is hereby denied.
1 Notice of Violation and Continuing Notice of Violation: DWR number NOV-2021-PC-0527
NORTH CAROLINA
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699
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DocuSign Envelope ID: C58C3C5B-74D5-49FB-9427-53C72B5EA333
The Division's decision can be contested as provided in Chapter 150B of the North Carolina
General Statues 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 [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
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 in accordance with N.C.G.S 150B-23(a).This completes the review of the
Division under the Catawba Riparian Protection Rules [15A NCAC 02B .0614, .0611]. Please be
aware that you have no authorization under the Catawba Riparian Protection Rules (15A NCAC
02B .0614) for this activity and any work done within the protected riparian buffers may be a
violation of North Carolina General Statutes and Administrative Code.
Please contact Doug Perez of the DWR Mooresville Regional Office at 704-663-1699 or
[e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
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Richard E. Rogers, Jr.
Director, Division of Water Resources
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
NORTH CAROLINAD_E
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699
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DocuSign Envelope ID: C58C3C5B-74D5-49FB-9427-53C72B5EA333
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North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699
NORTH CAROLINA
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