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Home My WebLink About20071296 Ver 1_Buffer Approval Letter_20230306ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 6, 2023 DWR # 2007-1296 Ver. 4 Iredell County Timothy Lombardi 170 Windwood Lane Troutman, NC 28166 Delivered via email to: hager@lakepermit.com Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS; LOMBARDI, CRESENT LAND & TIMBER: 170 WINDWOOD LANE, LAKE NORMAN Mr. Lombardi: You have our approval for the impacts listed below for the purpose described in your application dated January 20, 2023, and received by the Division of Water Resources (Division) January 22, 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 Site 1 516 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 160 (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)] NORTH CAIROLIPIC),) 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 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 approval includes the additional conditions listed below: 1. 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)] 2. 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] 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 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 D_E QNORTH CARCLINA gaparNrM of F,Mrnnmanfal 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 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 Roberto Scheller at 704-235-2204 or roberto.scheller@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 44.otuw H P:x F161FB69A2D84A3... Andrew H. Pitner, P.G. Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc: Tamara Hager, hager@lakepermit.com 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