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Home My WebLink About20161235 Ver 2_Approval Letter_20170215ROY COOPER Governor fr1a MICHAEL S. REGAN Secretory Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director 15 February 2017 DWR # 16-1235 Iredell County Edward Campbell Mallard Head Country Club 185 Mallard Way Mooresville. NC 28117 Subject Property: 163 Pintail Run Ln., Mooresville AUTHORIZATION of Catawba River Riparian Buffer Protection Rules VARIANCE [15A NCAC 2B.0243 (9)(c)] with ADDITIONAL CONDITIONS Dear Mr. Campbell, You have our authorization, in accordance with the conditions listed below, to impact 205 square feet (ft2) of Zone 1 of the protected buffers and 45 square feet (ft2) of Zone 2 of the protected buffers to install an irrigation pump on the subject property as described within your variance request dated February 8, 2017, received by the Division of Water Quality (The Division on February 9, 2017. This letter shall act as your variance authorization as described within 15A NCAC 2B .0243(9)(c). In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control. This authorization shall expire five years from the date of this authorization. This authorization is only valid for the purpose and design that you described in your variance request. If you change your project, you must notify us and you may be required to send us a new request for authorization. If the property is sold, the new owner must be given a copy of this authorization and is thereby responsible for complying with all conditions. For this authorization to be valid, you must follow the conditions listed below. No other impacts (except for "exempt' uses as identified within 15A NCAC 2B .0243) shall occur to Zone 1 of the protected riparian buffers. Certificate of Completion Upon completion of all work approved within this Buffer Authorization, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Access shall be by land. The buffer shall be restored to its prior use and condition upon completion of the project. 15A NCAC 02B.0243(6) Stateof Noah Carolina I Lnvitonmental Qualily I Water Resources 512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC27699-1611 9127079000 3. Mitigation: Compensatory Mitigation Using the Division of Mitigation Services (DMS) Mitigation must be provided for the proposed impacts as specified in the table below. This has been determined by the DWR to be a suitable method to meet the mitigation requirement. Until the DMS receives and clears your check (made payable to: DENR — Division of Mitigation Services, no impacts specified in this Authorization shall occur. You have one month from the date of this authorization to make this payment. For accounting purposes, this Authorization authorizes payment into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required Reference Mitigation Zone 1 Buffers 25 (square feet Catawba 03050101 50 (square feet Zone 2 Buffers Na (square feet Na Na (square feet If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Catawba Riparian Buffer Protection Rules [15A NCAC 213 .0243]. Please call Alan Johnson at 704-663- 1699 if you have any questions or require copies of our rules or procedural materials. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Matt Bare, W K Dickson, mbare(aDwkdickson.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 11611 Mail Service Center I Raleigh. NC 27699 1611 919.707.9000 16-1235 NORTH CAROLINA-DIVISON OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Mallard Country Club has permission as outlined below to impact 250 square feet of buffer in order to proceed with the proposed project in Iredell County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS) LOCATION: COUNTY: BASIN/SUBBASIN Impacts: 250 sq ft of buffer Zone 1: 25 sq ft (permanent), Zone 2: 45 sq ft (temporary) 263 Pintail Lane Iredell Catawba (03050101) 180 sq ft (temporary) As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b). Mitigation: 25 sq ft of buffer required Mitigation: 50 sq ft of compensatory mitigation required by the DMS for the Catawba Riparian Buffer Authorization. In correspondence dated September 7, 2016 the DMS indicated that up to 25 sq ft of buffer mitigation would be conducted by DMS if available within the cataloging unit. More may be required if mitigation is required outside the unit. One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP. Signature Date ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 Mail Service Center lZALejC,+F,NL 2irG99-i452 State of North Carolina I Environmental Quality I Water Resources 54 N. Salisbury Street 11611 Mail Service Center I Raleigh, NC 27699 1611 919.707.9000