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Home My WebLink About20221046 Ver 1_Buffer Approval Letter_20220909 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED September 09, 2022 DWR # 22-1046 Caldwell County Hal Johnson 8290 Blackberry Ln Clemmons, Nc 27012 Email: hjohnson1105@gmail.com Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Johnson, 5739 Dream View Pt. Dear Mr. Johnson: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on August 03, 2022 with subsequent information received on September 06, 2022. 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 1 600 (square feet) 2,000 (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)] DocuSign Envelope ID: 384ACCFC-382C-4E5D-BA2C-31F6CF525E2B North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 Johnson, 5739 Dream View Pt DWR# 22-1046 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: 1. 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)] 2. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an “in kind” manner immediately following construction. Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3), and 15A NCAC 02B .0614(10)(dd), (ee)] 3. 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. DocuSign Envelope ID: 384ACCFC-382C-4E5D-BA2C-31F6CF525E2B North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 Johnson, 5739 Dream View Pt DWR# 22-1046 Buffer Authorization Certificate Page 3 of 3 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 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. This letter completes the Division’s review under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Mitchell Anderson at 828-296-4662 or Mitchell.Anderson@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – ARO ec: Tommy Fraley – Foothills Dock and Shoreline LLC Brandee Boggs - USACE Asheville Regulatory Field Office Andrea Leslie - NCWRC Cayce Brennan – Duke Energy Lake Services DWR 401 & Buffer Permitting Unit file DocuSign Envelope ID: 384ACCFC-382C-4E5D-BA2C-31F6CF525E2B