20201021 Ver 1_Approval Letter_20200813

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr./Mrs. Phillip M. Kidc
160 Malibu Lane
Mooresville, NC 28117
Subject Property: 160 Malibu Lane
NORTH CAROLINA
Environmental Quality
August 13, 2020
DWR # 20-1021
Iredell County
AUTHORIZATION (After The Fact) of Catawba River Riparian Buffer Protection Rules MINOR
VARIANCE [15A NCAC 2B .0243 (9)(c)] with ADDITIONAL CONDITIONS
Dear Mr./Mrs. Kidd,
You have our authorization, in accordance with the conditions listed below, to impact
480 square feet (ft2) of Zone 1 of the protected buffers as described within your variance request
dated August 6, 2020, received by the Division of Water Resources (DWR) on August 7, 2020,
with additional information received by DWR on August 6, 2020. 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
Minor Variance Request dated August 6, 2020. 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) shall occur to Zone 1 of the protected riparian
buffers.
The walkway is excluded from this variance mitigation requirement, but allowable per
this variance authorization.
2. The area between the retaining wall (with the exception of the walkway and patio
area) shall be maintained as a natural area per the agreed upon changes.
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 [phone] if you have any questions
concerning payment into a restoration fund. You have one month from the date of
D E QbiAi 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
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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
480 (square feet)
Catawba 03050101
960 (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 or Jennifer
Burdette if you have any questions or require copies of our rules or procedural materials.
Sincerely,
EA
DocuSigned by:
4-*tuw H P44%ft for
F161 F969AMUAI..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Paul Wojoski, Wetlands Unit (email)
MRO, Land Quality
Kelly Williams, DMS, email

20-1021
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Mr./Mrs. Phillip Kidd has permission as outlined
below to impact 480 square feet of buffer in order to proceed with the 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:
480 square feet, Zone 1, Catawba Buffer
160 Malibu Road, Mooresville
Iredell
Catawba (03050101)
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 15A NCAC 2R .0503(b).
Mitigation:
960 square feet of buffer by the DMS required for the 401 Water Quality Certification. In
correspondence dated August 6, 2020, the DMS indicated that up to 479.2 (X2) square feet 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 15A 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