20210994 Ver 1_Approval Letter_20210817

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Sheila Letica
Mark Letica
6984 Summer Hill Dr.
Denver, NC 28037
NORTH CAROLINA
Environmental Quality
August 17, 2021
DWR # 21-0994v2
Catawba County
Delivered via email to: [e-mail]
Subject Property: 4450 Red Hill Cir.
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules [15A NCAC 2B .0614 (9)(c)] with
Additional Conditions
Dear Mr. & Mrs. Letica,
You have our authorization, in accordance with the conditions listed below, to impact 1320
square feet (ft2) of Zone 1 of the protected buffers as described within your buffer authorization request
dated June 5, 2021, with additional information received by DWQ on August 9, 2021. This letter shall
act as your Buffer Authorization as described within 15A NCAC 2B .0243(9)(c). 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 Buffer
Authorization Request dated June 5, 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.
The following impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H.0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Buffers — Zone 1
1320 (square feet)
Shoreline
132 (linear feet)
This approval requires you to follow the conditions listed in the certification below.
1. This approval and all other paperwork associated with this approval shall be in accordance
with the previous Notice of Violation.
D_E
NORTH CAROUNA 1 �/
nen,M�nm.M or Fn.i,eMiwlhei O
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from EBX-Neuse, LLC and Environmental
Exchange (EBX) dated August 9, 2021, to meet this mitigation requirement. RES Dogtown
Buffer Mitigation Bank is proposed for debit. Until the EBX receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in
this Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes payment to EBX to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506(c)]:
Type of Impact
Amount of Impact
(Permanent)
Reference
Mitigation
Zone 1 Buffers
1320 (square feet)
2:1 ratio
Catawba 03050101
2640 (square feet)
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
All storm water 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)]
3. 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://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms
or see attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B .0614(9)]
4. 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, 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 Doug Perez or Jennifer Burdette if you have
any questions or require copies of our rules or procedural materials.
Sincerely,
DocuSigned by:
for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Paul Wojoski, Wetlands Unit (email)
Caitlan Parker, RES, [e-mail]

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