20231962 Carpenter Lanscaping Project

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 30, 2024
DWR # 20231692
Catawba County

Paul Carpenter
4536 Paradise Cove
Sherrills Ford
NC 28673

Delivered via email to: [e-mail]

Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS;
CARPENTER / 4536 PARADISE COVE SHERRILLS FORD / LAKE NORMAN

Mr. Carpenter,
You have our approval for the impacts listed below for the purpose described in your application dated
December 11, 2023, received by the Division of Water Resources (Division) December 14, 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 1 176 (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
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. No tree removal (except along immediate shoreline) or
grubbing/grading in the buffer. 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

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
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
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 Mooresville Regional Office staff Michael Burkhard at
[e-mail] if you have any questions or concerns.

Sincerely,

Brandy Costner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

Electronic cc: DWR 401 & Buffer Permitting Branch electronic file (Laserfiche)
Michael Strubeck [e-mail]
Camden Brunick [e-mail]