20221647 Ver 1_Approval Letter_20230105

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 5, 2023
DWR # 22-1647
Iredell County
Nick Ogburn
14015 Cooley Road
Princess Anne, MD 21853-3247
Delivered via email to [e-mail]
Subject: Approval of Catawba Riparian Buffer Impacts with Additional Conditions;
218 Penicillin Point, Troutman, Ogburn Shoreline Remediation, Lake Norman
Mr. Ogburn:
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) November 22, 2022. These
impacts are covered by the attached Water Quality General Certification Number 4502 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 Regional 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
258 (square ft.)
Shoreline
1548 (square ft.) or 258 (linear ft.)
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)]

This approval includes the additional conditions listed below:
1. 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).
2. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
3. 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)]
4. 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 Roberto Scheller at 704-235-2204 or [e-mail]
if you have any questions or concerns.

Sincerely,
DocuSigned by:
,44.4441w H P;4
�F161FB69A2D84A3.
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosure
cc: Randy Jordan, Lyfe Marine, Inc., [e-mail]
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

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