HomeMy WebLinkAbout20200935 Ver 1_Approval Letter_20201027ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Eb Pyle
Long Island Marina
8400 Long Island Rd.
Catawba, NC 28609
Subject Property
NORTH CAROLINA
Environmental Quality
October 27, 2020
8400 Long Island Rd.
DWR # 20-0935
Catawba County
AUTHORIZATION (After The Fact) of Catawba River Riparian Buffer Protection Rules [15A
NCAC 2B .0614] with Additional Conditions
Dear Mr. Pyle,
You have our authorization, in accordance with the conditions listed below, to impact
2,246 square feet (ft2) of Zone 1 of the protected buffers as described within your variance
request dated July 20, 2020, received by the Division of Water Resources (DWR) on August 5,
2020, with additional information received by DWR on October 26, 2020. This letter shall act as
your variance authorization as described within 15A NCAC 2B .0614. 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 .0614 shall
occur to Zone 1 of the protected riparian buffers.
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:
D E Qbi�� 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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N. a Io E".w^^�"��a°:r� /� 704.663.1699
Compensatory
Mitigation Required
Reference
Mitigation
Zone 1 Buffer
2,246 (square feet)
Catawba
03050101
4,492 (square feet)
2. 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 an
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,
EDocuSigned by:
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W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Paul Wojoski, Wetlands Unit (email)
Hal Marvin, Atriax Group, hal.marvin(a)atriaxgroup.com
20-0935
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Long Island Marina and Dry Storage (Eb Pyle)
has permission as outlined below to impact 2,246 sq. ft. of Catawba Riparian Buffer in order to
proceed with the project 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:
2,246 sq. ft., Zone
Long Island Marina
Catawba
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 Required:
2,246 sq. ft. (2:1)
Mitigation:
4,492 sq. ft. of buffer mitigation by the DMS required for the 401 Water Quality Certification. In
correspondence dated October 26, 2020, the DMS indicated that up to 2,246 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 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 DMS.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652