20210666 Ver 1_Approval Letter_20210602

ROY COOPER.
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Shane Seagle
North State Development, LLC
18825 W. Catawba Ave, Ste 250
Cornelius, NC 28031
NORTH CAROL! NA
Environmental Quality
June 2, 2021
DWR # 21-0666
Lincoln County
Via email: [e-mail]
Via email: [e-mail]
Subject Property: Ranger Island
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules [15A NCAC 2B .0614
(9)(c)] with Additional Conditions
Dear Mr. Seagle,
You have our authorization, in accordance with the conditions listed below, to impact
2452 square feet (ft2) of Zone 1 of the protected buffers and 6414 square feet (ft2) of Zone 2 of
the protected buffers as described within your variance request submitted to the Division of
Water Resources (DWR) on March 29, 2021, and subsequent information submitted on May 20,
2021. This letter shall act as your variance authorization as described within 15A NCAC 2B
.0614, (10) and 15A NCAC 2B .0226. 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 variance authorization is only valid for the purpose and design that you described in
your variance Request submitted on March 29, 2021. 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 shall occur to Zone 1 of the Catawba Riparian Buffer or Zone 2 (except for
"exempt" uses (within Zone 2 only) as identified within 15A NCAC 2B .0614) of the protected
riparian buffers.
1. This approval and all other paperwork associated with this approval shall be provided
to the new owners/Home Owners Association.
2. Mitigation: You have our approval for your proposed onsite buffer mitigation plan.
Zone 1 of the Catawba Buffer shall be restored/constructed according to the plans
approved by this Office and this Authorization and completed prior to the expiration
of this approval. The buffer shall be constructed, maintained, and monitored for two
Qoya,tmenl of Environmental Quality
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

growing seasons to ensure vegetation survives and thrives. Should vegetation fail, it
shall be replaced and monitored for the same period. Any repairs or adjustments to
the site/buffer must be made according to the approved plans or must receive written
approval from this Office. The mitigation site must be preserved as a "natural" area in
perpetuity included within any Home Owners Association covenants, bylaws, and/or
rules. Representative photos of the completed buffer restoration shall be provided
to the Mooresville Regional office upon completion. This mitigation plan is only
approved for credits towards the impacts approved in this certification. [15A NCAC
02H .0506(c)]
Justification: A project that affects waters shall not be permitted unless the existing
uses, and the water quality to protect such uses, are protected. In determining that
the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the project must provide for replacement of existing uses through
compensatory mitigation.
3. Stormwater management shall comply with the uses exempt and allowed by the
Catawba Riparian Buffer. [15A NCAC 02B .0614 (8), Section (cc) Table of Uses]
Justification: In order to protect against impairment of water quality standards and
best usage of receiving and downstream waters, water quality based management
practices must be employed to protect against direct or indirect discharge of waste or
other sources of water pollution
4. Certificate of Completion. Upon completion of all work approved within this Buffer
Authorization, the applicant is required to return the attached certificate of completion
to the 401 & Buffer Permitting Branch, North Carolina Division of Water Resources,
1617 Mail Service Center, Raleigh, NC, 27699-1617.
5. 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,
NORT�D
Department of Emlrunmenlal Wally
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a
hearing.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Catawba
Riparian Buffer Protection Rules [15A NCAC 2B .0614]. Please call or email Alan Johnson or
Jennifer Burdette if you have any questions or require copies of our rules or procedural
materials.
Attachments
cc: Paul Wojoski, Wetlands Unit (email)
MRO, Land Quality
NORTH, CAROuNADE
Departent of&.mmnmanbl Ouel�
Sincerely,
DocuSigned by:
44.01uw H P:z 1.
F161FB69A2D84A3...
forW. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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: Date:
Agent'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: Date:
Engineer's Certification
Partial Final
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
NORTH D `E�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000