20181103 Ver 1_Approval Letter_20180816

ROY COOPER NOR I I I CAROLINA
Go, , mo Environmental Quality
MICHALL S. BEGAN
W11014,
LINDA CULIIEPPER
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August 16, 2018
Mr. Charles Frigon
1160 Astoria Parkway
Catawba, NC 28609
DWR #18-1103
Catawba County
Subject Property: 1160 Astoria Parkway
AUTHORIZATION (After The Fact) of the Catawba River Riparian Buffer Protection Rules MAJOR
VARIANCE [15A NCAC 2B.0243 (9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Frigon,
You have our authorization, in accordance with the conditions listed below, to impact 1446
square feet (ft2) of Zone 1 of the protected buffers and 809 square feet (ft2) of Zone 2 of the protected
buffers as described within your major variance request dated August 3, 2018, received by the Division
of Water Quality (DWQ) on August 7, 2018, with additional information received by DWQ on August 7m
2018. This letter shall act as your Major 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 authorizatior
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 dated August 3, 2018. 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 impacts (except for "exempt' uses as identified within 15A NCAC 2B .0243) shall occur to
Zone 1/Zone 2 of the protected riparian buffer.
1. This approval and all other paperwork associated with this approval shall be provided to the
new owners.
2. The attached Catawba Notification Form shall be provided to the new owners and a signed
copy submitted to the Mooresville Office.
3. Plantings: Two native species trees (three (3) inch in caliper, eight (8) feet in height shall be
planted, in addition to telnaroativre I"ebi Jt.ishmubsala&l#iscussed at the site in Zone 1 (open
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

space near shoreline). Photos shall be provided upon completion to:
alan.iohnson(cDncdenr.gov
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), this approval shall not be valid. The DMS should be
contacted at [phone] if you have any questions concerning payment into a
restoration fund. 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:
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
6. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. 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. A written submission shall
also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-
case basis. 15A NCAC 02B.0200
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.
Compensatory
Mitigation Required
Reference
Mitigation
Zone 1 Buffers
1446 (square feet)
Catawba 03050101
2891 (square feet)
Zone 2 Buffers
809 (square feet)
Catawba 03050101
1214 (square feet)
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
6. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. 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. A written submission shall
also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-
case basis. 15A NCAC 02B.0200
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 2B .0243]. Please call Alan Johnson or Jennifer Burdette if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
*V �
FAL W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Paul Wojoski, Wetlands Unit (email)
MRO, Land Quality

18-1103
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, Mr. Frigon has permission as outlined below to impact
Zone 1 and Zone 2 in order to proceed with the access to Lake Norman in Catawba 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:
1446 Zone 1, Catawba Buffer
809 Zone 2, Catawba Buffer
1160 Astoria Parkway
Catawba
Catawba (0305010 1)
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:
2891 Zone 1, Catawba Buffer
1214 Zone 2, Catawba Buffer
Mitigation:
2891 (Zone 1) and 1214 (Zone 2) of buffer by the DMS required for the 401 Water Quality Certification.
In correspondence dated August 7, 2018, the DMS indicated that the aforementioned mitigation
requirements 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
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652