20240411 Ver 1_Approval Letter_20240531

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 31, 2024
DWR # 20240411
Iredell County
Becky Fox
371 Camino Real Rd
Mooresville NC 28117
Delivered via email to: [e-mail]
Subject: APPROVAL of CATAWBA RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH
ADDITIONAL CONDITIONS INCLUDING PRE -ISSUED NOTICE OF VIOLATION REQUIREMENTS
Project: FOX SHORELINE RESHAPE AND REFRESH 1 371 CAMINO REAL ROAD
LAKE NORMAN
Dear Ms. Fox:
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 11, 2024, with subsequent
information provided to us on May 24, 2024, and associated 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
143 (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.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
!� Mooresville Regional OfficA 1601 East Center Avenue, $uite 301 I Mooresville, NC 28115
NORTH CAROLINA - 704.663.1699
oepanmem or Envimemenel aeel� /`�

Fox Shoreline Reshape and Refresh
D W R# 20240411
Buffer Authorization Certificate
Page 2 of 6
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.
This approval includes the additional conditions listed below:
1. Work is to be conducted by land and 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. In addition to the restoration conditions listed in this approval, the action items to reach
compliance as outlined in the attached Notice of Violation (NOV-2022-PC-0685) for this property
must also be fulfilled when the work has been completed.
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.deg.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:
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NoarHCAROLNA 704.663.1699
DeprMent of Environmental Duali�

Fox Shoreline Reshape and Refresh
D W R# 20240411
Buffer Authorization Certificate
Page 3 of 6
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.
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,
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachment: NOV-2022-PC-0685
Electronic cc: Donna Hrko, donna. [e-mail]
Krysta Stygar, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20240411_FoxShorel ineReshapea ndRef resh_05.31.2024.docx
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NoarHCAROLNA 704.663.1699
Deparrmem or environmental anar�

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 31, 2024
D W R # 20240411
Iredell County
Becky Fox
371 Camino Real Rd
Mooresville NC 28117
Delivered via email to: [e-mail]
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Project: FOX SHORELINE RESHAPE AND REFRESH 1 371 CAMINO REAL ROAD
LAKE NORMAN
Dear Ms. Fox:
The Division has reviewed the proposed project as described in your application received March 11,
2024, with subsequent information on May 24, 2024, and associated fee received on March 13, 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 Impact
Open Waters 0.07 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 I Division of Water Resources
NOR�MCAROLINA
v Mooresville Regional Officd 1 601 East Center Avenue, $uite 301 1 Mooresville, NC 28115
704.663.1699
Deparlmem of Envlronmenml Dual

Fox Shoreline Reshape and Refresh
D W R# 20240411
Buffer Authorization Certificate
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 15013-23(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,
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Donna Hrko, donna. [e-mail]
Krysta Stygar, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Unit file
D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources
v Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NoarHCAROLNA 704.663.1699
Deparrmem or environmental anar�

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr./Mrs. Lance Fox
371 Camino Real Rd.
Mooresville, NC 28117
Mr./Mrs. Fox:
NORTH CAROLINA
Environmental Quality
November 2, 2022
Subject: Notice of Violation
Catawba Riparian Buffer Rule
401 Water Quality Certification
NOV-2022-PC-0685
371 Camino Real Rd., Mooresville
Iredell County
On October 27, 2022, this office was provided information from Duke Lake Management that
there were unauthorized impacts to the Catawba Riparian Buffer and fill in waters of the state at
the subject site. A review of the photos submitted by Joe Klutz during Duke's site visit indicate
both impacts to the buffer and fill in the lake. The impact observed within Zone 1 of the Catawba
Riparian Buffer (15A NCAC 02B .0243) is not allowed nor is the fill (15A NCAC 02H .0500)
placed in the lake. Based on the information and photos provided of the site, this correspondence
is being issued as a Notice of Violation for the unapproved impacts to the buffer and lake fill.
Required Corrective Action:
1) All fill material in the buffer and lake shall be removed and the site restored back to its
original state prior to the impact (photo provided)
2) Tree Planting/buffer restoration:
Three trees shall be planted to replace the approximately 30" diameter tree that
was removed. The trees shall be a selection of native species trees, a minimum
of three inches (Y) in diameter at breast height, ten (10) feet in height, and
shall be planted in such a way as to be dispersed throughout the open area within
Zone 1 of the buffer.
3) The work and trees shall be planted by December 15, 2022, and shall be monitored for
a growing season. Should they fail to thrive, they shall be replaced as required. Photos
shall be submitted upon planting and again in the fall of 2023, prior to leaf fall.
4) The sediment and erosion control barrier/silt fence should be installed along the 30 ft.
North Carolina Department of Environmental Quality I Division of Water Resources
EQ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NpR'H CAR�EI.Ih:A
ErmmnmenGl ��� 919.707.9000
Deparhnenl ul Oual

boundary of Zone 1 and be maintained until the site is stable.
If you have an explanation or any information/documentation related to the noted violation that
you wish to present, please respond in writing within fifteen (15) days of receipt of this Notice.
Your response should address a timeline and a plan of action to achieve compliance.
Please note that pursuant to G.S. 143-215.6A these violations and any future violations are subject
to civil penalty assessments of up to $25,000.00 per day for each violation. Failure to plant the
trees by the stated date may bring further enforcement actions.
It is requested that Duke Lake Management and Iredell County hold any permits/approvals for
this site until the matter is resolved.
Thank you for your attention to this matter. Should you have any questions regarding these matters,
contact Mr. Alan Johnson at [e-mail] or [phone].
Sincerely,
DocuSigned by:
A H N,uft
F161 F669A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section, MRO
Division of Water Resources, NCDEQ
Attachment
cc: Joe Kluttz III/Chad Broadway, Duke Lake Mgt., email
Shelton Sullivan — Compliance/Enforcement
��� 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
NORTH CAROLINA
Oq,,Umm ar e,m,—Ul 919.707.9000

Site prior to impact
��� 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
NORTH CAROLINA
Oq,,Umm ar e,m,—Ul 919.707.9000

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��� 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
NORTH CAROLINA
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