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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 vOry rN Cx:40:.itiA � 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: �s.. 1 f/ Nuft for F161FB69A2D84A3... 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