20181093 Ver 1_Approval Letter_20180906

ROY COOPER NORTH CAROLINA
Go.,f ry Environmental Quality
MICHAEL S. REGAN
s11<r.-161�
LINDA CULPEPPER
in ter Uri Vire, lof
September 6, 2018
Andrea B. and Kerry D. Witherspoon
Regency Properties Investments
P.O. Box 609
Mt. Jefferson, NC 28694
DWR # 18-1093
Catawba County
Subject: After -The -Fact Approval of 401 Water Quality Certification, Catawba Riparian Buffer
Authorization, with Additional Conditions; Shoreline Stabilization, 4005 Kiser Island Rd.,
Lake Norman
Dear Ms. Witherspoon,
You have our approval for the impacts listed below for the purpose described in your after -the -fact
application dated June 28, 2018, and received by the Division of Water Resources (Division) on August
10, 2018. These impacts are covered by the Water Quality General Certification Number 4145
(attached), Catawba Buffer Rules and the additional conditions listed below. This Certification is
associated with the use of Regional Permit Number 198200030 issued by the U.S. Army Corps of
Engineers and expires on the same day. 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. A total to thirty-five (35) trees are required to be planted in Zone 1 of the Catawba Buffer
(measured 30 ft landward from top of riprap). Native species, 8 ft. in height, and 3 inches in
diameter at breast height. Currently, five (5) additional trees are required per discussion on
September 6, 2018. The planted trees shall be monitored to ensure success. Should any tree
fail to thrive within two (2) years of planting (or property sold), they shall be replaced. They
shall be planted within 60 days of this approval date.
"-Nothing Compares :.. _,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Documentation and/or photo(s) shall be submitted to the Mooresville Regional Office, that
the approved vegetation is on site and is planted. [15A NCAC 02B .0243(6)]
2. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification/Buffer Authorizations are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and
15A NCAC 02B.0243(8)]
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters — below normal pool
820 sq. ft. (3 ft. x 275 ft.)
Open Waters — above normal pool
1,100 sq. ft. (4 ft. x 275 ft.)
Buffers
600 sq. ft.
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 the property is
sold, the new owner must be given a copy of this approval letter, Catawba Notification Form,
and this Certification/Buffer Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0506 and 15A NCAC 02B.0243(8)]
4. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division and must meet the Catawba Riparian Buffer Rule
requirements. [15A NCAC 02B .0243(4) and (6)]
5. Any future work requiring access through the Catawba Riparian Buffer shall not exceed 10
feet in width, require no tree removal, and shall be restored to its original condition prior to
the project. 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]
6. 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))
7. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. 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. A written submission shall also
be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and

its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-
case basis. 15A NCAC 02B .0200
8. 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 orb/web/wq/swp/ws/401/certsandPermits/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 Certification/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 [phone] for information.
Within sixty (60) 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 8:00am and 5:00pm, 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 for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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,
GO- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Catawba County, Code Enforcement
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file

CATAWBA RIPARIAN BUFFER NOTIFICATION FORM
Project Name/address: 4005 Kiser Island Road County: Catawba
Owner:
Print
Contractor/agent/seller:_
Print
Signature
Signature
Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless
approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed.
Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243 (6)]
Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by
the Division. There are limitation on size for decks. [15A NCAC 02B.0243(4) and (6)]
Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The work
corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction material
must be outside the buffer. [15A NCAC 02H .0502 and 15A NCAC 02B.0243 (4), (6), (8)]
Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater discharges
must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or sheet flow at
non-erosive velocities to the lake. [15A NCAC 02B .0243(5), (6)]
Acknowledgement of Notification
I, , hereby state that I have been informed of the Catawba Riparian
Buffer Rule. Any work conducted in the buffer, not specifically stated in the application and approved by the
Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be taken such
that the construction will be built within substantial compliance and intent of the 401 Water quality Certification
and Buffer Rules, the approved plan(s) and specification(s), and other supporting materials.
Signature (owner): Date: