20240405_WindsorShoreline_05.02.2024.docx

North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115
704.663.1699

May 2, 2024

DWR # 20240405
Iredell County

Keith Windsor
125 Malbrook Drive
Mooresville, NC 28117

Delivered via email to: [e-mail]

Subject: APPROVAL of CATAWBA RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH
ADDITIONAL CONDITIONS

Project: WINDSOR SHORELINE | 125 MALBROOK DR, MOORESVILLE | LAKE
NORMAN

Dear Mr. Windsor:
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) on March 7, 2024, with fee received on
March 13, 2024. 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 1 163 (square feet) 300 (square feet)
Buffers – Zone 2 0 (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)]

North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115
704.663.1699

Windsor Shoreline
DWR# 20240405
Page 2 of 6

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. Work is to be conducted by water. No other tree removal (except along immediate shoreline) or
grubbing/grading in the buffer is permitted. 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 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:
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

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).

North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115
704.663.1699

Windsor Shoreline
DWR# 20240405
Page 3 of 6

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 Devynne Brown at 704-235-2200 or [e-mail] if you
have any questions or concerns.

Sincerely,

Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

Electronic cc: Janice Estep, [e-mail]
Krysta Stygar, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Branch electronic file

Filename: 20240405_WindsorShoreline_05.02.2024.docx

for

North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115
704.663.1699

May 2, 2024

DWR # 20240405
Iredell County

Keith Windsor
125 Malbrook Drive
Mooresville, NC 28117

Delivered via email to: [e-mail]

Subject: 401 WATER QUALITY CERTIFICATION COVERAGE

Project: WINDSOR SHORELINE | 125 MALBROOK DR, MOORESVILLE | LAKE
NORMAN

Dear Mr. Windsor:
The Division has reviewed the proposed project as described in your application dated March 13, 2024,
with fee received on March 18, 2024. These impacts are covered by the attached Water Quality General
Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of
Engineers Wilmington District’s Regional General Permit Number 30. 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 Impacts
Open Waters 0.01 acres

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)].

North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office | 601 East Center Avenue, Suite 301 | Mooresville, NC 28115
704.663.1699

Windsor Shoreline
DWR# 20240405
Page 5 of 6

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 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 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].
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 Devynne Brown at 704-235-2200 or [e-mail] if you have
any questions or concerns.

Sincerely,

Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

Electronic cc: Janice Estep, [e-mail]
Krysta Stygar, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Unit file
for

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_____