20211207 Ver 1_Buffer Approval Letter_20210831

DocuSign Envelope ID: DB216F3F-88E2-430B-A58A-ABE96333C852
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 31, 2021
DWR # 2021-1207
Caldwell County
Tom Hogan
4913 Luna Point
Hickory, NC 28601-9408
(Delivered via email to [e-mail])
Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Hogan, 4913 Luna Point
Dear Mr. Hogan:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) August 8, 2021, with payment August 10, 2021,
and additional information received on August 31, 2021. These impacts are covered by the Catawba
Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the permittee of
the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with
the project, including those required by, but not limited to, Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and/or Stormwater 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 (SF)
Permanent
Amount Approved (SF)
Temporary
Buffers —Zone 1
Site 1
150 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
0 (square feet)
0 (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 .0611(b)(2)]
D ��� North Carolina Department of Environmental Quality f Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORIN GAHOLINA +
"M e�tm��i mmema oueu\ r 919.707.9000

DocuSign Envelope ID: DB216F3F-88E2-430B-A58A-ABE96333C852
Hogan, 4913 Luna Point
DWR# 2021-1207
Buffer Authorization Certificate
Page 2 of 3
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 .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:
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the
construction access corridor. If trees are removed, forested vegetation shall be re-established
within the construction access or other temporary impact area occurring in the protected buffer
zone within the next growing season following construction of the project. [15A NCAC 02B
.0614(7) and (8)]
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 .0611(b)(4) / (c)(4), 15A NCAC 02B .0203, 15A
NCAC 02B .0614(7) and (8)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
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 (919)
431-3000.
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 Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
D E Q�� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NOM— CAPC1LN4
aeon,-m ora,919.707,9000

DocuSign Envelope ID: DB216F3F-88E2-430B-A58A-ABE96333C852
Hogan, 4913 Luna Point
DWR# 2021-1207
Buffer Authorization Certificate
Page 3 of 3
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user.
This Authorization shall expire five (5) years from the date of this letter or when the corresponding
401 Water Quality Certification Approval DWR# 20210625 expires.
This letter completes the Division's review under the Catawba Riparian Buffer Rules as described in 15A
NCAC 02B .0614. Please contact Amy Annino at 828-296-4656 or [e-mail] if you have
any questions or concerns.
Sincerely,
EDocuSigned by:
� p� �,-
7E617A38285848C...
Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—ARO
cc: Brandee Boggs - USACE Asheville Regulatory Field Office (via email)
Cayce Brennan — Duke Energy Lake Services (via email)
DWR 401 & Buffer Permitting Unit file
G:\WR\WQ\Caldwell\401s\Non-DOT\Hogan, 4913 Luna Point\20210831_Hogan, 4913 Luna Point_BUFFER.docx
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NIJ�T�rAPGL NA �
aeon mor�vo-eme.i��iih 919.707,9000

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
WR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
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 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR 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:
Date:
If this project was designed by a Certified Professional
I as a duly registered Professional (Le.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee 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
Registration No.
D E Q��
f E"imnm-Wl 0ua1l North Carolina Department of Environmental Quality I Division of Water Resources
_ Asheville Regional Office 1 2090 U.S. Highway 70 I Swannanoa, North Carolina 28778
NORTH -R—A
OepartmerM1 o/`� 828.296A500