20221647 Ver 1_Approval Letter_20230120

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, jR. NORTH CAROLINA
Director Environmental Quality
January 20, 2023
DWR # 22-1647
Iredell County
Nick Ogburn
14015 Cooley Road
Princess Anne, MD 28153-3247
Delivered via email to [e-mail]
Subject: Re -Issuance Approval of Catawba Riparian Buffer Impacts with Additional Conditions;
281 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 November 11, 2022, and fee received by the Division of Water Resources (Division)
November 29, 2022. These impacts are covered by the Catawba Riparian Buffer Rule and the conditions
listed below. 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 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
Buffers — Zone 1
258 (square feet)
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 026 .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 which 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:
�F161FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Enclosures

cc: Randy Jordan, Lyfe Marine, Inc., [e-mail]
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 20, 2023
Nick Ogburn
14015 Cooley Road
Princess Anne, MD 28153-3247
Delivered via email to [e-mail]
DWR # 22-1647
Iredell Count
Subject: Re -Issuance 401 WATER QUALITY CERTIFICATION COVERAGE
218 Penicillin Point, Troutman, Ogburn Shoreline Remediation, Lake Norman
Mr. Ogburn:
The Division has reviewed the proposed project as described in your application dated November 11,
2022, received by the Division of Water Resources (Division) November 22, 2022. These impacts are
covered by Water Quality General Certification Number 4502 or 4503 located at
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch/general and the conditions listed below. This general certification is associated
with the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit Number 30
or 79. 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 or State Riparian Buffer regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the certification.
This acknowledgement is specific for the purpose and design, plans, specifications and impacts as
described in your application. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506(b)]. The following proposed
impacts are described in your application:
Type of Impact
Amount of Impact
Open Waters
(Add riprap over existing)
0.036 ac. (Stabilization)
258 linear feet of Shoreline
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, 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 Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
GDEQ�
NORTH CAROLINA
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

streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This letter is final and binding unless contested and 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 letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Mooresville Office at 704-234-2204 or [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
114.I L4V H Pzue4
"- F161 FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: Randy Jordon, Lyfe Marine, Inc., [e-mail]
Krystynka Stygar, USACE Charlotte Regulatory Field Office, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
D_E
NORTH CAROLNA ��`��`
Oapar4nanl M E Mn nmunGl Oual
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
LD_E
NORTH CAROLINA ��`��`
OBpaAmBnl M E Mn nmunGl Oual
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