20201998 Ver 2_Buffer Authorization_20220421

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Cecil Kevin Davis
Retha B. Davis
1670 Kale Rd.
Catawba, NC 28609
Delivered via email to kd [e-mail]
NORTH CAROLINA
Environmental Quality
April 21, 2022
DWR # 20-1998 V2
Catawba County
Subject: APPROVAL of CATAWBA BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
1670 Kale Road
Dear Mr. & Mrs. Davis:
You have our approval for the impacts listed below for the purpose described in your application dated
April 6, 2022, received by the Division of Water Resources (Division) April 6, 2022, with subsequent
information on April 7, 2022. These impacts are covered by the Catawba Riparian 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 (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
Site 1
60 (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)]
GDE
NORTH CAROLINA
Nwir m d of Emkonmentl Ooa;Ns.4000..."
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

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.
Additional Conditions:
1. This approval and all other paperwork associated with this approval shall be provided to the
new owners.
2. The attached Catawba Notification Form shall be provided to the new owners.
3. PRIVATE BANK: Mitigation must be provided for the proposed impacts as specified in the table
below. The Division has received an acceptance letter from the approved Bank Sponsor
Environmental Bank & Exchange, LLC [hereby known as EBX] for us of the RES Dogtown Buffer
Mitigation Bank to meet this mitigation requirement. Until the Bank Sponsor 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)]:
Compensatory
Mitigation Required
Reference
Mitigation
Zone 1 Buffers
60 (square feet)
Catawba 03050101
120 (square feet)
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 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650
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
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
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
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 regardless of the quantity of the withdrawal or the date on which the withdrawal was
initiated or expanded.
This Authorization shall expire five (5) years from the date of this letter / when the corresponding 401
Water Quality Certification Approval DWR#20201998 V2 expires.
This letter completes the Division's review 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.
Attachments
cc: Paul Wojoski, Wetlands Unit (email)
D_E Q 1
NORTH CAROLINA
DP 1, Bnl MEMnrn nGI Quality
Sincerely,
DocuSigned by:
A4.4uw H P:ze.
�F161FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Amy Staley, RES, [e-mail]
DWR 401 & Buffer Permitting Branch electronic file
LD_E
NORTH CAROLINA ��`��`
DP 1,Bnl M EMnnmonGl Ooal
North Carolina Department of Environmental Quality I 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 CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000