HomeMy WebLinkAbout20230344_Windstone Subdivision Phase 3_TBR_NashDocuSign Envelope ID: 64294CD7-9A54-470E-AOE2-46D3DC14EA61
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
May 5, 2023
WHW, LLC
Attn: John H. High Jr.
PO Box 8693
Rocky Mount, NC 27804
(via email jhhighir(@aol.com)
NORTH CAROLINA
Environmental Quality
DWR # 20230344
Nash County
Subject: APPROVAL of TAR PAMLICO RIVER BASIN RIPARIAN BUFFER IMPACTS
Windstone Subdivision Phase 3
Dear John H. High Jr.,
You have our approval for the impacts listed below for the purpose described in your application dated
received by the Division of Water Resources (Division) March 3, 2023. These impacts are covered by
the Tar Pamlico River Basin 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
Mitigation
Amount Required
Buffers — Zone 1
B1: Road Crossing
5,943 (square feet
0 (square feet
0 credits
Buffers — Zone 2
B1: Road Crossing
0 (square feet)
3,530 (square feet)
0 credits
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)
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.
N0R�JCAROL
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 64294CD7-9A54-470E-AOE2-46D3DC14EA61
Windstone Subdivision Phase 3
DWR# 20230344
Buffer Authorization Certificate
Page 2 of 3
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 [I 5A 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.
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 parry 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 when the corresponding 401 Water Quality Certification Approval
DWR#20230344 expires.
This letter completes the Division's review under the Tar Pamlico Buffer River Basin Buffer Rules as
described in 15A NCAC 02B .0734. Please contact Joe Myers at 919-791-4256 or
joseph.myers(cr),ncdenr.gov if you have any questions or concerns.
Sincerely, DocuSigned by:
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62916E6AB32144F...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
RE Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
aoarricAHo..wn quallly 919.791.4200
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DocuSign Envelope ID: 64294CD7-9A54-470E-AOE2-46D3DC14EA61 Windstone Subdivision Phase 3
DWR# 20230344
Buffer Authorization Certificate
Page 3 of 3
cc: Deborah Shirley, Soil and Environmental Consultants, PA (dshirleyksandec.com)
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
woF caHo.. wn 919.791.4200
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