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Home My WebLink About20230602_CorbySubRiveraRunEstates_BUFFER 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 June 2, 2023 DWR # 20230015 Caldwell County Scott Corby 6233 Riviera Run Estates Dr Hickory, NC 3861 Delivered via email to: approved@nas1.biz Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Corby, Sub Rivera Run Estates Dear Mr. Corby: You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division) December 30, 2022, with subsequent information on February 22, 2023, March 2, 2023, May 2, 2023, and May 25, 2023. 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 B1—Dock access and removal of dead or damaged trees 1500 (square feet) 0 (square feet) Buffers – Zone 2 B1—Dock access and removal of dead or damaged trees 1580 (square feet) 0 (square feet) DocuSign Envelope ID: 7A4F4D14-07AA-4E10-8AB5-8424A559CD9F 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 Scott Corby DWR# 20230015 Buffer Authorization Certificate Page 2 of 3 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)] 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. 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 without plastic mesh. [15A NCAC 02B .0611(b)(4), 15A NCAC 02B .0203, 15A NCAC 02B .0614(7) and (8)] 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 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. DocuSign Envelope ID: 7A4F4D14-07AA-4E10-8AB5-8424A559CD9F 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 Scott Corby DWR# 20230015 Buffer Authorization Certificate Page 3 of 3 This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division’s review under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Joey Winston at 828-785-9171 or joey.winston@deq.nc.gov 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 Electronic cc: Yvette Huffman, Lake Permit Services, LLC DWR 401 & Buffer Permitting Branch electronic file DocuSign Envelope ID: 7A4F4D14-07AA-4E10-8AB5-8424A559CD9F