20191227 Ver 1_Approval Letter_20191010

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 10, 2019
DWR # 19-1227
Iredell County
Carl Foulks, Jr.
149 Bay Shore Loop
Mooresville, NC 28117
Subject Property: 149 Bay Shore Loop, Mooresville
AUTHORIZATION (After The Fact) of Catawba River Riparian Buffer Protection Rules MINOR
[15A NCAC 2B.0243 (9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Foulks,
You have our authorization, in accordance with the conditions listed below, to impact
375 square feet (ft2) of Zone 1 of the protected buffers as described within your major variance
request dated September 1, 2019, received by the Division of Water Resources (DWR) on
September 16, 2019. This letter shall act as your Minor 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. 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 or 2 of the protected riparian buffers.
This approval and all other paperwork associated with this approval shall be provided
to the new owners.
2. 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:
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH CAROLINA �
o.namremor �w.c�giuuei� /`� 704.663.1699

3. 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
4. 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,
DocuSigned by:
40t" H PU*-" for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Kelly Williams, DMS, email
David Dunn, david.dunne(a)_sothebysrealty.com
Paul Wojoski, Wetlands Unit (email)
Compensatory
Reference
Mitigation
Mitigation Required
Zone 1 Buffers
Na
Na
Na
Zone 2 Buffers
30 sq ft.
Catawba 03050101
45 sq. ft.
3. 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
4. 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,
DocuSigned by:
40t" H PU*-" for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Kelly Williams, DMS, email
David Dunn, david.dunne(a)_sothebysrealty.com
Paul Wojoski, Wetlands Unit (email)

19-1227
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, Carl Foulks. has permission as outlined below
to impact 30 square feet of Zone 2 of the Catawba Riparian Buffer in order to proceed with the
home construction 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:
30 sq. ft., Zone 2
149 Bay Shore Loope
Iredell
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:
30 sq. ft. (x1.5)
Mitigation:
30 sq. ft. of buffer mitigation by the DMS required for the 401 Water Quality Certification. In
correspondence dated August 30, 2019 the DMS indicated that up to 375 linear feet of stream
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
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date