HomeMy WebLinkAbout20210768 Ver 1_Buffer Approval Letter_20210818ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 18, 2021
DWR # 20210768
Franklin County
Windsor Lakes, LLC
Attn: Steven Hayes
28 Hayes Court
Franklinton, NC 27525
(Delivered via email to shayes5@nc.rr.com)
Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS
Highway 56 Subdivision
Mr. Hayes,
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on July 2, 2011 (fee receipt date) with subsequent
information on August 17, 2021. These impacts are covered by the Tar -Pamlico 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 Tar -Pamlico 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
B1: Road Crossing
6,006 (square feet)
1,310 (square feet)
Buffers — Zone 2
B1: Road Crossing
3,796 (square feet)
1,047 (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)]
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NORTH CAROLINA -
uepadmnterEMm—emeiu�r� / 919.707.9000
DocuSign Envelope ID: 15E131 EB-7D5B-4948-9900-7819834E3607
Windsor Lakes, LLC
DWR# 20210768
Buffer Authorization Certificate
Page 2 of 3
If you are unable to comply with any of the conditions below, you must notify the Raleigh 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 Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0734]. 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 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.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 when the corresponding 401 Water Quality Certification Approval
DWR#20210768 expires.
This letter completes the Division's review under the Tar -Pamlico Riparian Buffer Rules as described in
15A NCAC 02B .0734]. Please contact Rick Trone at rick.trone@ncdenr.eov if you have any questions or
concerns.
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NIJ�T� rAPGL:N4 �
aeo•n,�m or �,vo-�mema auauh 919.707,9000
DocuSign Envelope ID: 15E131 EB-7D5B-4948-9900-7819834E3607
Windsor Lakes, LLC
DWR# 20210768
Buffer Authorization Certificate
Page 3 of 3
Sincerely,
DoCUSgign d by:
�GwtG �O L�
Paul Wojos gi 9�uB83r�avis�8r
401 & Buffer Permitting Branch
cc: Ian McMillan, Sage Ecological (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20210768 Ver 1—Highway 56 Subdivision —Franklin TBA
North Carolina Department of Environmental Quality 1 Division of Water Resources
Noar� CAROLINA 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
ne rtwtm�.+mnm"+n uh 919.707,9000