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Home My WebLink About20231646 Ver 1_Approval Letter_20240104 (2)DocuSign Envelope ID: B04035C3-AC9D-414C-8FOA-DF21 139719E90 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January4, 2024 DWR #20231646 Burke County Lisa B. Motley 866 Farmington Rd Mocksville, NC 27028 Delivered via email to: motlev@1791.com Subject: APPROVAL of CATAWBA RIPARIAN BUFFER AUTHORIZATION CERTIFICATE Project: Motley — Paradise Harbor Lot 52 Dear Ms. Motely: 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) November 29, 2023. These impacts are covered by the Catawba Buffer Rules. 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 [Catawba] .0611(b)(2)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Buffers — Zone 1 S1: Shoreline 160(square feet) 0 (square feet) Stabilization S2: Temporary 0 (square feet) 1000(square feet) Construction Corridor Buffers — Zone 2 S3: Temporary Access 0 (square feet) 200(square feet) Corridor Dffl 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: B04035C3-AC9D-414C-8FOA-DF21 139719E90 Motley Shoreline Stabilization DWR# 20231646 Buffer Authorization Certificate Page 2 of 3 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 [Catawba] .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Asheville 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 Asheville Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rule [15A NCAC 02B [Catawba] .0611(b)(2)]. 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 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). 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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: B04035C3-AC9D-414C-8FOA-DF21 139719E90 Motley Shoreline Stabilization DWR# 20231646 Buffer Authorization Certificate Page 3 of 3 This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20231646 expires. This letter completes the Division's review under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B [Catawba] .0614. Please contact Tyler Hickman at 828-296-4651 or tyler.hickman@deg.ncgov if you have any questions or concerns. Sincerely, EPDocuSigned by: A.�ttt,�, �jbSS E397192DABFB4FF... Daniel Boss Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-ARO Electronic cc: Charlie Washburn, Marine Construction LLC Brandee Boggs, USACE Asheville Regulatory Field Office Andrea Leslie, North Carolina Wildlife Resources Comission Peter Minter, Burke County Cayce Brennan, Duke Energy Lake Services DWR 401 & Buffer Permitting Branch electronic file Filename: 20240103_MotleyShoreline_BUFFER.docx North Carolina Department of Environmental Quality I Division of Water Resources D ()7.9()()() R- ow512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NQ NORTH CAROLI7 .om �� m.io.si� 919.