20150950 Ver 2_Approval Letter_20160125

VIM
Water Resources
ENVIRONMENTAL QUALITY
Michael Wetter
Sisters Cove of Lake Norman
P.O. Box 3965
Mooresville, NC 28117
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
January 25, 2016
DWR # 15-0950V2
Iredell County
Subject: Catawba Riparian Buffer Authorization with Additional Conditions;
Sisters Cove, Lake Norman
Dear Mr. Wetter,
You have our approval for the impacts listed below for the purpose described in your application dated
January 7, 2016, and received by the Division of Water Resources (Division) on January 11, 2016. These
impacts are covered by the Catawba Buffer Rules and the additional conditions listed below. Please note
that you should obtain any other applicable federal, state or local permits before proceeding with your
project, including those required by (but not limited to) the local lake management authority, erosion and
sediment control, non -discharge, and water supply watershed regulations.
This approval requires you to follow the conditions listed below:
1. The following impacts are hereby approved provided that all of the other specific and
conditions of the Catawba Riparian Buffer Rule are met. No other impacts are approved,
including incidental impacts. 15A NCAC 02B .0243
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters (dredge)
0 sq. ft.
Buffer (ADA walkway 5' width)
205 ft. / 1,025 sq. ft.
Shoreline length
0 ft.
2. This approval is for the purpose and design described in your application (ADA walkway
and buffer restoration. The plans and specifications for this project are incorporated by
reference as part of the Buffer Authorization. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
approval letter and Buffer Authorization and is responsible for complying with all
conditions. [15A NCAC 02H.0506 and 15A NCAC 02B .0243(8)]
State of North Caroline I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office) 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 1699

3. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville,
NC 28115) shall be notified in writing once construction at the approved impact areas has
commenced. [15A NCAC 02H .0502 (e)]
4. Required for the buffer restoration plan:
■ 30 native mix species trees, 8 ft in height, 3 inch diameter as shown on the
enclosed plan
■ 18 Redbud (minimum 2 inch diameter) [15A NCAC 02B.0243] as shown on plan
■ 5 Dogwood (minimum 2 inch diameter) as shown on plan
■ 47,000 sq. ft. of area mulched along entirety of shoreline (as indicated in
submittal), minimum 10 ft. width. Recommend shredded hardwood mulch.
■ Herbicides, fertilizers and other chemicals are not allowed within the buffer
area except for initial planting.
■ Plant health shall be monitored for two (2) years. Failure to thrive shall require
the tree/plant to be replaced.
■ Planting/restoration should be completed by May 15, 2016.
5. Additional native vegetation may be planted within the buffer as enhancement.
6. All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive
velocities through the protected lake buffer and should not re -concentrate before
discharging into the lake. [15A NCAC 02B .0243(5)]
7. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion.
(available at: W. http://Portal.ncdenr.org/web/wg/swp/ws/401/certsandpermits/apply/forms) or
see attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(8)]
This approval and its conditions are final and binding unless contested.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in 15A NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699
or [e-mail] if you have any questions or concerns.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Shelton Sullivan, Wetlands Unit
DWR MRO -file copy
DWR 401 & Buffer Permitting Unit — file copy