20200612 Ver 1_Approval Letter_20200605

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 5, 2020
DWR # 20-0612
Iredell County
Kellie Paxton
120 Audrey Lane
Mooresville, NC 28117
Subject Property: 118 Bay Point Lane, Retaining Wall
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules [15A NCAC 2B
.0243 (9)(c)] with Additional Conditions
Dear Mrs. Paxton,
You have our authorization, in accordance with the conditions listed below, to
impact 259 square feet (ft2) of Zone 2 of the protected buffers to as described within
your major variance request dated and received by the Division of Water Resources
(DWR) on May 6, 2020, with additional information received by DWR on June 1, 2020.
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 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 impacts (except for "exempt" uses as identified within 15A NCAC 2B .0243)
shall occur to Zone 1 or Zone 2 of the protected riparian buffers.
1. 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:
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
o•o• ° •m" E""w-WQ° 704.663.1699

401 & Buffer Permitting Branch
North Carolina Division of Water Resources
1617 Mail Service Center
Raleigh, NC, 27699-1617
2. Storm water runoff/ yard drains. Discharge from down spouts, yard drains
and other collection points shall discharge prior to entering Zone 2. The
discharge shall be released as diffuse/sheet flow to prevent erosion through
the buffer and to allow proper infiltration and plant uptake as it flows through
the buffer.
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),
this approval shall not be valid. The DMS should be contacted at (919) 715-
0476 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:
Compensatory
Reference
Mitigation Required
Mitigation
Zone 2
Buffers
259 (square feet)
Catawba
259 (square feet)
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 Resources under the
Catawba Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan
Johnson if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
EA
DocuSigned by:
44" H PU4,t4 for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment
cc: Tamara Hager, email
Paul Wojoski, 401 & Buffer Permitting Branch (email)
MRO, Land Quality

20-0612
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0244, Kellie Paxton has permission as outlined below
to impact 260 linear feet of buffer order to proceed with the retaining wall at the subject property,
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:
259 sq. ft., Zone 2
118 Bay Point Ln.
Iredell
Catawba
As required by 15A NCAC 2B .0244, and the conditions of this authorization, 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.
Mitigation:
259 square feet total of stream buffer required (1.5:1 ratio)
Mitigation:
259 sq ft of buffer by the DMS required for the Catawba Buffer Authorization. In
correspondence dated June 1, 2020 the DMS indicated that up to 259 sq. ft. of Catawba 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 Division oof Mitigation Services 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