20201998 Ver 1_Approval Letter_20210106

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
Kevin and Retha Davis
1670 Kale Rd.
Catawba, NC 28609
(Delivered via email to [e-mail])
NORTH CAROLINA
Environmental Quality
January 6, 2021
DWR # 20-1998
Iredell County
Subject: Approval of Catawba Riparian Buffer Impacts with Additional Conditions;
Walkway, Lake Norman
Dear Mr./Mrs. Davis,
You have our approval for the impacts listed below for the purpose described in your
application submitted and received by the Division of Water Resources (Division) December 18,
2020. These impacts are covered by the Catawba Riparian Buffer Rule 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 .0611(b)(2)]
Type of Impact
Amount Approved (units)
Permanent
Buffers —Zone 1
120 (square feet)
4 ft. impervious walk
Shoreline
0 (linear 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 .0611(b)(2)]
This approval includes the additional conditions listed below:
1. Twenty-five (25) trees are required to be planted within the impacted buffer area
(NOV-2020-PC-0486) by March 15, 2021. These shall be 3" in diameter at breast
D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources
wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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0­O'tore'wml talQ"I 704,663.1699

height, native species, and at least 8 ft in height (an example photo has been provided).
They shall be monitored through October 30, 2021. Photos shall be provided at the
time of planting and upon completion of the monitoring period prior to leave fall. Any
tree(s) failing to thrive shall be replaced and monitored for a like period. The buffer
shall be allowed to return (pre-existing condition) to a natural vegetated environment
in accordance with the Catawba Riparian Buffer Rule. Please provide
photos/documentation of the work to the Mooresville Regional Office.
2. Work is to be conducted from land. Any access corridor shall not exceed 10 feet in
width and shall be restored to its original condition prior to the project. All staging,
including spoil, stockpile and construction materials, shall occur outside of the buffer
[15A NCAC 02B .0614 (7), (10), (9) and 15A NCAC 02H .05021
3. All stormwater shall be directed as diffuse or sheet flow (not piped) at non -erosive
velocities through the protected lake buffer and should not re -concentrate before
discharging into the lake. [15A NCAC 02B .0614(8)]
4. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of
project completion. (available at:
http://Porta1.ncdenr.org/web/wq/swp/ws/401/certsandPermits/apply/forms or see
attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B .0614(9)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.51.
If you are unable to comply with any of the conditions below, you must notify the Mooresville
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 Mooresville Regional Office any noncompliance with the
conditions of this Authorization Certificate and/or any violation of state regulated riparian
buffer rules [15A NCAC 02B .06141. 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.
This Authorization 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.
This letter completes the review of the Division under the Catawba Riparian Buffer Rules
as described in 15A NCAC 02B .0614. Please contact Alan Johnson at 704-663-1699 or
[e-mail] if you have any questions or concerns.
Sincerely,
CA
DocuSigned by:
414 4 H pall ft for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR Files - LaserFiche

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
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