20211795 Ver 1_Buffer Approval Letter_20230307

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
David Novotny
1232 Waterwyck Trail
Dayton, OH 45458
Delivered via email to: [e-mail]
NORTH CAROLINA
Environmental Quality
March 7, 2023
DWR # 20211795 v2
Catawba County
Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS;
NOVOTNY DREDGE, 8474 MONBO RD, LAKE NORMAN
Dear Mr. Novotny:
You have our approval for the impacts listed below for the purpose described in your application dated
February 2, 2023, received by the Division of Water Resources (Division) February 2, 2023. 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 Riparian 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
n/a (square feet)
300 (square feet)
Buffers — Zone 2
n/a (square feet)
200 (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)]
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.
NORTH CAIROLIPIC),)
oep.m.m orEMr nment ou.i�
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

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 approval includes the additional conditions listed below:
1. Work is to be conducted from land and water. No tree removal (except along immediate
shoreline) or grubbing/grading in the buffer. Any access corridor shall not exceed 10 feet in
width and shall be restored to its original condition prior to the project. [15A NCAC 02B .0614
(7), (10), (9) and 15A NCAC 02H .0502]
2. 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).
3. All staging, including spoil, stockpile, and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
4. 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)]
5. 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: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion 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] 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
DE
NORTH CAROLINA
gaparMeM of Environment,/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

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.
This letter completes the Division's review under the Catawba Riparian Buffer Rules as described in 15A
NCAC 02B .0614. Please contact Mooresville Regional Office staff (Taylor Ezell) at
[e-mail] if you have any questions or concerns.
Sincerely,
1- DocuSigned by:
,44.I11w H P,z>..
F161 FB69A2D84A3...
Andrew H. Pitner, P.G. Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Janice Estep, CBC Stone & Recycling, [e-mail]
DWR 401 & Buffer Permitting Branch electronic file (Laserfiche)
D_E
NORTH CAROLINA
gaparMeM of Environment,/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

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 7, 2023
DWR # 20211795 v2
Catawba County
David Novotny
1232 Waterwyck Trail
Dayton, OH 45458
Delivered via email to: [e-mail]
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
NOVOTNY DREDGE, 8474 MONBO RD, LAKE NORMAN
Dear Mr. Novotny:
The Division has reviewed the proposed project as described in your application dated February 2, 2023,
received by the Division of Water Resources (Division) February 2, 2023. These impacts are covered by
the attached Water Quality General Certification Number 4502 or 4503. 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 enclosed certification.
The following proposed impacts are covered as described in your application. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount of Impact
Open Waters
0.040 acres of dredging
This acknowledgement is specific for the purpose and design, plans and specifications 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)].
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.
NORTH CAIROLIPIC),)
oep.m.m orEMr nment ou.i�
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

The permittee shall report to the Mooresville 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 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 150E 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].
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
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Mooresville Regional Office staff (Taylor Ezell) at [e-mail] if
you have any questions or concerns.
Enclosures: GC 4502 or 4503
Electronic cc:
Sincerely,
DocuSigned by:
fi44uw H P:z>..
F161 FB69A2D84A3...
Andrew H. Pitner, P.G. Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Janice Estep, CBC Stone & Recycling, [e-mail]
Krysta Stygar, USACE, [e-mail]
DWR 401 & Buffer Permitting Unit file (LaserFiche)
D_E
NORTH CAROLINA
gaparMeM of Environment,/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

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
D_E QNORTH CARCLINA
gaparNrM 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