20221688 Ver 2_Approval Letter_20241007

Docusign Envelope ID: E6FBDEFE-503C-49C4-95DE-0AB4AECAD905
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 7, 2024
DWR # 20221688 v2
Burke County
North Carolina Wildlife Resources Commission
Attn: Jeff C. Ferguson
1751 Varsity Drive
1720 Mail Service Center
Raleigh, NC 27699-1720
Delivered via email to: [e-mail]
Subject: APPROVAL of CATAWBA BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
North Bend Public Fishing Area
Dear Mr. Ferguson:
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) August 13, 2024. These impacts are covered by the
Catawba Buffer Rules and the conditions listed below. This Authorization Certificate replaces the
Authorization issued on January 13, 2024. This Authorization Certificate is being issued pursuant to a
modification request submitted on August 8, 2024, to acknowledge the final design of the public fishing
area and account for resulting additional impacts to buffers.
This Authorization Certificate 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)]
DE
NORTH CAROLINA
fl .flm M of EnMrenmen4i W eury
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

Docusign Envelope ID: E6FBDEFE-503C-49C4-95DE-0AB4AECAD905
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
S1 — Boat Ramp & Riprap
Stabilization
1420 (square feet)
0 (square feet)
S1 — Boat Ramp & Riprap
Stabilization
0 (square feet)
936 (square feet)
Buffers — Zone 2
S1 — Boat Ramp & Riprap
Stabilization
757 (square feet)
0 (square feet)
S1 — Boat Ramp & Riprap
Stabilization
0 (square feet)
1032 (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)]
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. The Division has received a copy of a receipt dated January 26, 2023, from the NC Division of
Mitigation Services (DMS) which satisfies the original mitigation requirements for this project as
approved on January 13, 2023, and as specified below. Mitigation for additional impacts must
be provided for the proposed impacts as specified in the table below. Mitigation must be
provided for the proposed impacts as specified in the table below. The attached Compensatory
Mitigation Responsibility Transfer Form (Form) shall be completed and provided to the Division
prior to any impacts occurring. If the Mitigation Sponsor specified on the attached Form(s) for
the proposed impacts changes after issuance of this Certificate, then the Permittee shall request
a revised Compensatory Mitigation Responsibility Transfer Form from the Division. [15A NCAC
02B .0295; 15A NCAC 02B .0267(13) .0614(11)]
NO
oanaroma.t or Environment& a..1
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

Docusign Envelope ID: E6FBDEFE-503C-49C4-95DE-0AB4AECAD905
Compensatory Mitigation Required River and Sub -basin Number
Original Approved Mitigation Requirement
Catawba Buffer 3704 square feet (credits) Catawba River, 03050101
Additional Mitigation Requirement resulting from project modifications
Catawba Buffer 272 square feet (credits) Catawba River, 03050101
2. The Permittee shall replant the vegetation within temporarily disturbed areas located within
Zone 2 (the outer edge of Zone 1 extending 20 feet landward as measured horizontally on a line
perpendicular to the river) associated with this project. The Permittee shall also replant the
vegetation within temporarily disturbed areas located within Zone 1 (the most landward limit of
the top of bank extending landward a distance of 30 feet measured horizontally on a line
perpendicular to the river) associated with this project in an "in kind" manner immediately
following construction. (Example: Disturbed areas with pre-existing grassed lawns must be
replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be
replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation
must be replanted with forest vegetation including at least two different native hardwood tree
species at a density sufficient to provide 260 trees per acre at maturity. This density can usually
be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per
acre.) Replanting 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), 15A NCAC 02B .0611(b)(4), and 15A NCAC
02B .0614(10)(rr)(ii)]
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 02H .0507(c), 15A NCAC 02H .0506(b)(3), 15A
NCAC 02B .0611(b)(4), and 15A NCAC 02B .0614(10)(rr)(ii)]
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 nttp://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
NO
oanaroma.t or Environment& a..1
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

Docusign Envelope ID: E6FBDEFE-503C-49C4-95DE-0AB4AECAD905
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 five (5) years from the date of this letter.
This letter completes the Division's review under the Catawba Basin Riparian Buffer Rules as described
in 15A NCAC 02B .0614. Please contact Tyler Hickman at 828-296-4651 or [e-mail] if
you have any questions or concerns.
Electronic cc:
Sincerely,
,—DocuSigned by:
`-5C147F587AE9400...
Andrew W. Moore, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
Brandee Boggs, USACE Asheville Regulatory Field Office
Andre Leslie, North Carolina Wildlife Resources Commission
Kelly Williams, NCDEQ Division of Mitigation Services
DWR 401 & Buffer Permitting Branch electronic file
NO
oanaroma.t orevironment& 0..1
Filename: 20241007 NorthBendv2.docx
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

Docusign Envelope ID: E6FBDEFE-503C-49C4-95DE-0AB4AECAD905
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
awwte- w,a,.
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
October 7, 2024
Permittee: Jeff Ferguson, PE
DWR Project #20221688 v2
Project Name: North Bend Public Fishing Area County: Burke
The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
satisfy the mitigation requirements set forth in the Buffer Authorization issued to Jeff Ferguson and the
North Carolina Wildlife Resources Commission, dated October 7, 2024, as provided in the table below.
Compensatory Mitigation Required
River and Sub -basin Number
Catawba Buffer
272 square feet (credits)
Catawba River, 03050101
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation
Provider, no more than 25 percent of the total mitigation required by Division can be met through
preservation, unless requested and approved by the Division Director (15A NCAC 02B .0295).
Signature Authority Name (print):
Signature: Date:
NORTH CAROLINA
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500
Department of Environmental [Malty