20220323 Ver 1_Denial_20220610

DocuSign Envelope ID: 574B5F6F-6897-4C9D-A795-E8FDC18F288D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 10, 2022
DWR # 2022-0323 v1
Catawba County
CERTIFIED MAIL: 7003 2260 0005 5380 9808
RETURN RECEIPT REQUESTED
Mr. Ron Cox
2479 Camelia Pointe Dr.
Sherrills Ford, NC 28673
(Also delivered via email to [e-mail])
Subject: DENIAL OF MINOR EXCEPTION FROM CATAWBA RIPARIAN BUFFER RULE (15A
NCAC 02B .0243 and 15A NCAC 02B .0611)
2479 Camelia Pointe Dr.
Dear Mr. Cox:
On February 27, 2022, the Division of Water Resources (Division) received your buffer
authorization application requesting impacts to the protected riparian buffer on the subject
property pursuant to the Catawba Riparian Protection Rules (15A NCAC 02B .0243) with
additional information received on March 7, 2022. On March 30, 2022, an updated,
replacement application was received requesting a minor exception from the Catawba Riparian
Protection Rules pursuant to 15A NCAC 02B .0611.
You must meet all of the requirements outlined in 15A NCAC 02B .0611 in order to qualify for
an exception from the Catawba Buffer Rules. You have not met the following hardship
requirements:
1. 15A NCAC 02B .0611(c)(1)(B):
"If the applicant complies with the provisions of this Rule, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely proving
that the variance would permit a greater profit from the property shall not be
considered adequate justification for a variance. Moreover, the Division or delegated
local authority shall consider whether the variance is the minimum possible deviation
from the terms of this Rule that shall make reasonable use of the property possible".
NORTH caaouvnD_E
oep.m.m orEMr nment ou.i�
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

DocuSign Envelope ID: 574B5F6F-6897-4C9D-A795-E8FDC18F288D
The application failed to explain how the area of yard within the regulated riparian
buffer if maintained in its existing use, affects the reasonable use of the property.
Previous approval has allowed the relocation of a patio and walkway to the dock.
2. 15A NCAC 02B .0611(c)(1)(C):
"The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others,
and would not promote equal justice".
The applicant states the existing topography creates erosion issues affecting the
maintenance of the property. These rules apply to all areas of the Catawba mainstem
and associated lakes with similar or more severe topography. The applicant indicates
that only a specific section of the buffer is impacted due to erosion/maintenance
issues. However, immediately adjacent to the area proposed for conversion, similar
topography and conditions is proposed to remain and are unaffected. No
documentation was provided indicating problematic erosional issues. In addition, it
was stated that the area was difficult to traverse, however an authored walkway
transects the regulated riparian buffer area to allow access to the water/dock.
3. 15A NCAC 02B .0611(c)(1)(A):
"The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit"; The request is to cover/impact
963 sq. ft. of Zone 1 with artificial turf for the purpose of controlling erosion and
runoff. As shown within the application to the area immediately adjacent to the
proposed impact area, establishing woody vegetation with a mulch ground cover can
provide substantial erosion protection and aides in pollutant removal of stormwater
runoff prior to entering the lake. Artificial turf does not have this pollutant removal
function and creates a preferential pathway for discharge to the waterbody.
4. 15A NCAC 02B .0611(b)(1)(I):
The application did not provide a mitigation proposal in accordance with Rule 15A
NCAC 02B .0295.
Therefore, in accordance with 15A NCAC 02B .0611(b)(3), your application for a minor
exception to the Catawba Riparian Protection Rules (15A NCAC 02B .0243) is hereby denied.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina
General Statues 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].
D_E
NORTH CARCLINA
geryrhnenl of Environmental quay
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

DocuSign Envelope ID: 574B5F6F-6897-4C9D-A795-E8FDC18F288D
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
If the party filing the Petition is not the permittee, then the party must also serve the recipient
of the Authorization in accordance with N.C.G.S 150B-23(a).
This completes the review of the Division under the Catawba Riparian Protection Rules (15A
NCAC 02B .0243, .0611). Please be aware that you have no authorization under the Catawba
Riparian Protection Rules (15A NCAC 02B .0243) for this activity and any work done within the
protected riparian buffers may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Doug Perez at 704-663-1699 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
riduarbt f. ro�irs, jr.
A7CC68514899428
!/
Richard E. Rogers, Jr.
Director, Division or Water Resources
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
D_E
NORTH CAROLINA
gaparMeM of Environment,/quay
Filename:2022-0323 Cox CRB Min Var Denial
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115
704.663.1699