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Home My WebLink About20231272 Ver 1_Approval Letter_20231207DocuSign Envelope ID: F14E705C-7213-4CB2-B9E9-410479CF10E2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Attn: Brian & Carolyn Lamascus 104 Fairfax Court Mooresville, NC 28117 NORTH CAROLINA Environmental Quality December 7, 2023 DWR # 20231272 Iredell County Delivered via email to: clamascus@pacificoneescrow.com Subject: APPROVAL of CATAWBA RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH MINOR EXCEPTION WITH ADDITIONAL CONDITIONS Project: Lamascus Minor Buffer Variance, 104 Fairfax Court, Mooresville NC 28117 Dear Brian & Carolyn Lamascus: You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) September 18, 2023, with subsequent information on December 1, 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 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 Developments Storm Drainage 240.00 (square feet) 0 (square feet) Buffers — Zone 2 Developments Strom Drainage 160.00 (square feet) 0 (square feet) House Construction 177.69 (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 R El Q JJ 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 �I CARDLI`A ,� 919.707.9000 DocuSign Envelope ID: F14E705C-7213-4CB2-B9E9-410479CF10E2 Lamascus Minor Buffer Variance DWR# 20231272 Buffer Authorization Certificate with Exception Page 2 of 4 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. 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. Additional Conditions: Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. [15A NCAC 0213.0295; 15A NCAC 02B .0614(11)] Compensatory Mitigation Required River and Sub -basin Number Catawba Buffer 1 986.5 square feet (credits) I Catawba / 03050101 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 15013-23(a). North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: F14E705C-7213-4CB2-B9E9-410479CF10E2 Lamascus Minor Buffer Variance DWR# 20231272 Buffer Authorization Certificate with Exception Page 3 of 4 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. 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 Samantha Wooten at (919) 707-3631 or samantha.wooten@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: ntplA,aa f- C,DSS 5ABF0CD80B428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch / CO Electronic cc: Michael Burkhard, Burkhard Environmental Consulting; via email (michaelburkhard@att.net) Krysta Stygar, USACE Iredell Regulatory Field Office; via email (krystynka.b.stygar@usace.army.mil) DWR 401 & Buffer Permitting Branch electronic file Filename: 20231272 Lamascus Minor Buffer Variance Letter.docx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINQ 919.707.9000 oawu�em m ��m.i o�si� DocuSign Envelope ID: F14E705C-7213-4CB2-B9E9-410479CF10E2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM December 7, 2023 Permittee: Brian & Carolyn Lamascus DWR Project #20231272 Project Name: Lamascus Minor Buffer Variance County: Iredell The Division has received a Statement of Availability (SOA) from Environmental Banc & Exchange, LLC (RES Dogtown Buffer Mitigation Bank) for the Lamascus Minor Buffer Variance to satisfy the mitigation requirements set forth in the Buffer Authorization Certificate issued to Brian & Carolyn Lamascus, dated December 7, 2023, as provided in the table below. Compensatory Mitigation Required River and Sub -basin Number Catawba Buffer 1 986.5 square feet (credits) I Catawba / 03050101 The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation. (15A NCAC 02H. 0295). Signature Authority Name (print): Signature: Date: D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000