20201314 Ver 1_Approval Letter_20201215

December 9, 2020

DWR # 2020-0936
Burke County

Roger Hendrick
2199 Yellow Fork Trail East
Nebo, NC 28761

Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Hendrick, 2199 Yellow Fork Trail East

Dear Mr. Hendrick:
You have our approval for the impacts listed below for the purpose described in your application dated
July 20, 2020, received by the Division of Water Resources (Division) July 20, 2020, with subsequent
information received on September 26, 2020 and October 18, 2020. These impacts are covered by the
Catawba Buffer Rules and the conditions listed below. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B [Catawba] .0611(b)(2)]

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary

Buffers – Zone 1 0 (square feet) 4,500 (square feet)
Buffers – Zone 2 0 (square feet) 3,000 (square feet)
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Authorization Certificate. If you change
your project, you must notify the Division and you may be required to submit a new application
package. If the property is sold, the new owner must be given a copy of this Authorization Certificate
and is responsible for complying with all conditions. [15A NCAC 02B [Catawba] .0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Asheville Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B
DocuSign Envelope ID: 8547ECB8-1CAA-40C1-B5E8-DC013C190C1B
Hendrick, 2199 Yellow Fork Trail East
DWR# 2020-0936
Buffer Authorization Certificate
Page 2 of 3

.0614]. 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.
Additional Conditions:
1. Immediately post-construction, bare soils must be stabilized as quickly as possible by providing
a temporary ground cover. Newly seeded areas should be protected with mulch and/or erosion
matting. This ground cover is a temporary measure used to address erosion until buffer
restoration can be accomplished. [15A NCAC 02B .0614(7) and (8)]

2. The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Quality under the Catawba River Basin: Protection and
Maintenance of Existing Riparian Buffers, 15A NCAC 02B. 0614(12).

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5) years from the date of this letter.

DocuSign Envelope ID: 8547ECB8-1CAA-40C1-B5E8-DC013C190C1B
Hendrick, 2199 Yellow Fork Trail East
DWR# 2020-0936
Buffer Authorization Certificate
Page 3 of 3

This letter completes the review of the Division under the Catawba Riparian Buffer Rules as described in
15A NCAC 02B [Catawba] .0614. Please contact Amy Annino at 828-296-4656 or
[e-mail] if you have any questions or concerns.

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

cc: Peter Minter – Burke County
DWR 401 & Buffer Permitting Branch electronic file

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Trail_BufferApproval.docx
DocuSign Envelope ID: 8547ECB8-1CAA-40C1-B5E8-DC013C190C1B