20211384 Ver 1_Revised Approval Letter_20211025

R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 25, 2021
DWR # 21-1384
Catawba County
Randy Keith
Waterside Marina
762 Brawley School Rd.
Mooresville, NC 28117
Delivered via email to [e-mail]
Subject: Approval (corrected) of Catawba Riparian Buffer Impacts with Additional Conditions;
Shoreline Remediation, Dredge, and Buffer Authorization, 7774 Hudson Chapel Rd., Lake
Norman
Dear Mr. Keith,
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) September 17, 2021, with
subsequent information received on October 18, 2021. These impacts are covered by the attached
Water Quality General Certification Number 4134 which can be located
at: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch/general and the conditions listed below. This certification is associated with the use
of General Permit Number 30 once it is issued to you by the U.S. Army Corps of Engineers. 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 Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to all conditions. The following proposed 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—
(shoreline)
Buffers — Zone 1-
(boardwalk, bulkhead, pad)
489 (square feet)
2,619 (square feet)
Shoreline
489 (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 f rlLriing.ith all conditions. [15A NCAC 02B .0611(b)(2)]
rvoai.rgppurvnDE
Department or Envlrnnmonlal Ouallly
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

This approval includes the additional conditions listed below:
1. Only those trees along the immediate shoreline and those that are severely undermined are
approved for removal. The disturbed area within the buffer shall be replanted, as per planting
plan, with native trees and shrubs.
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the bank sponsor: Environmental Banc &
Exchange, LLC (EBX) dated August 9, 2021, to meet this mitigation requirement. 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 the Dogtown Mitigation Bank to meet the following
compensatory mitigation requirement [15A NCAC 02B .0295 (f) (g)]:
Type of Impact
Amount of Impact
(Permanent)
Mitigation Required
Location
Zone 1 Buffers
2,619 (square feet)
2:1 ratio
5,238 (square feet)
Catawba Watershed
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. Work is to be conducted from land and water via barge. 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 .0502]
4. All spoil shall be disposed of at the designated area shown in the application. The disposal
area shall be in accordance with, and in full compliance with, G.S. Chapter 113A Article 4
(Sediment and Pollution Control Act of 1973).
5. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]

6. 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)]
7. 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)]
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
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 .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.
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 Doug Perez at 704-743-6872 or [e-mail] if you
have any questions or concerns.
Sincerely,
FDocuSigned by:
A4,41414V H P.444.4
F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures

cc: Janice Estep, CBC Stone & Recycling, LLC, email
DWR MRO - file copy
Caitlan Parker, RES, [e-mail]
DWR 401 & Buffer Permitting Branch file