20171592 Ver 1_Approval Letter_20171220

Water Resources w
Environmental Quality
December 20, 2017
David Borreson
Peachtree Residential
7380 McGinnis Ferry Rd.
Suwanee, GA 30024
Subject: Catawba Riparian Buffer Authorization with Additional Conditions;
Lakeside On Brawley Park, Lake Norman
Dear Mr. Borreson,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 17-1592
Iredell County
You have our approval for the impacts listed below for the purpose described in your application dated December
9, 2017, and received by the Division of Water Resources (Division) on December 12, 2017. These impacts are
covered by the Catawba Riparian Buffer Rule and the additional conditions listed below. Please note that you
should obtain any other applicable federal, state or local permits before proceeding with your project, including
those required by (but not limited to) the local lake management authority, erosion and sediment control, non -
discharge, and water supply watershed regulations.
This approval requires you to follow the conditions listed in the enclosed Certification, the General Permit, and
the following additional conditions:
1. Prior to construction/commencement of work, the trees proposed for planting shall be onsite prior to
initiation of work. Documentation and/or photo(s) shall be submitted to the Mooresville Regional
Office, that the approved vegetation is on site.
2. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0243]
Type of Impact
Amount Approved (sq. ft.) permanent
Zone 1
622 sq. ft. (new)
740 sq ft (existing road bed)
Zone 2
465 Sq. ft. (new)
356 sq. ft. (existing road bed)
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 the Certification/Buffer Authorization. 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 theproperty is sold, the new owner must be given a copy of this
r`r'Nothing Compares'
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

approval letter and Certification/Buffer Authorization and is responsible for complying with all
conditions. [15A NCAC 02B .0243]
4. The sitting areas. Highly permeable material shall underlie the gravel sitting areas to allow flow through
of rain events.
5. General maintenance of restored "landscaped" buffer shall not require the utilization of herbicides,
pesticides, and other chemical maintenance control. Zone 1 & 2 shall be restored to a "natural" buffer.
6. NO trees proposed for removal from Zone 1. [15A NCAC 02B .0243(6)]
7. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically
approved by this authorization and must meet the Catawba Riparian Buffer Rule requirements. [15A
NCAC 02B.0243(4) and (6)]
8. You are allowed to thin underbrush, shrubs, etc. This should be conducted with minimal impact to
ground cover within Zone 1. [15A NCAC 02B .0243(6)]
9. Work is to be conducted from land. All staging, including spoil, stockpile and construction materials,
shall occur outside of the buffer [15A NCAC 02B .0243 (4), (6), (8) and 15A NCAC 02H .0502]
10. 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.0243(5)1
11. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115)
shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC
02H .0502 (e)]
12. 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:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsand permits/apply/forms)
or see attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(8))
This approval and its conditions are final and binding unless contested.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition
form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition along
with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed
transmission.

Mailing address forth e OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian
Buffer Rules as described in 15A NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699 or
[e-mail] if you have any questions or concerns.
Sincerely,
F�P— W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Dennis Terry, Dennis Terry Design, [e-mail]
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file