20191594 Ver 1_Buffer Approval Letter_20191202

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
December 2, 2019
DWR # 19-1594
Iredell County
Jason Shott
109 Travis Point
Mooresville, NC 28117
Subject: Approval of Catawba Riparian Buffer Authorization with Additional Conditions;
Fill/Grading, Camino Real Rd., Lake Norman
Dear Mr. Shott,
You have our approval for the impacts listed below for the purpose described in your application dated
November 18, 2019, and received by the Division of Water Resources (Division) on November 19, 2019.
These impacts are authorized by Catawba Buffer Rules (15A NCAC 02B .0243) 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 in the enclosed Certification, the General
Permit, and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification/Buffer Authorizations are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC
02B .0243(8)]
Type of Impact Amount Approved (sq. ft.) permanent
Buffer, Zone 1 7500 sq. ft.
2. This approval is for the purpose and design described in your application. Fill not to exceed
2.5 ft. The plans and specifications for this project are incorporated by reference as part of
the Certification/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
Certification/Buffer Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0506 and 15A NCAC 02B .0243(8)]
3. NO trees proposed for removal. [15A NCAC 02B .0243(6)]
NORTH CAROHNA �
D E QNorth 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
o.namremor �w.c�giuuei� /`� 704.663.1699

4. A one-time application of fertilizer is allowed for the establishment of the revegetation of the
buffer. Minimum maintenance is allowed within the buffer and no chemical applications are
allowed within the buffer.
5. Work is to be conducted from land. Upon completion of grading the entirety of Zone 1 of the
buffer is to be planted with native species vegetation (per plan). All staging, including spoil,
stockpile and construction materials, shall occur outside of the buffer [15A NCAC 02B .0243
(4), (6), (8) and 15A NCAC 02H .0502]
6. Photos shall be provided upon completion of the grading and revegetation within six months
of issuance of this approval.
7. All stormwater shall be directed as diffuse or sheet flow (not piped) at non -erosive velocities
through the protected lake buffer. [15A NCAC 02B .0243(5)]
8. 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)]
9. 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
10. 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: http://portal.ncdenr.org/web/wq/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 Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B 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: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, 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,
EA
DocuSigned by:
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F161F969A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Jason Shott, [e-mail]
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

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