Signed_Buffer Authorization for Brookkstone Subdivision

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Kenneth Smith Properties, Inc.
Kenneth Smith
1588 NC-102
Ayden, NC 28513
kenneth(@ionesandsmith.us
NORTH CAROLINA
Environmental Quality
June 201h, 2023
DWR # 20061223 v3
Pitt County
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Brookstone Subdivision Phase 2
Dear Mr. Smith:
You have our approval for the impacts listed below for the purpose described in your application dated
2023 received by the Division of Water Resources (Division). These impacts are covered by the Neuse
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, if all the Conditions listed below, and all the conditions of
the Neuse 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
Buffers —Zone 1
Site 1 / Stormwater
400 (square feet)
Buffers — Zone 2
Site 1/ Stormwater
600 (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)]
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
111 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH C of Envi A 919.707.9000
DepaMmem M Envlronmen�al Daal�

Kenneth Smith Properties, Inc.
DWR# 20061223 v3
Buffer Authorization Certificate
Page 2 of 3
If you are unable to comply with any of the conditions below, you must notify the Washington 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 Washington Regional Office any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
0213.0714. 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.
Additional Conditions:
1. No additional impacts shall occur to Zone 1 of the protected riparian buffers except for use and
activities designated as "exempt" within 15A NCAC 02B .0734(11) and (8)(a), unless otherwise
approved by the Division.
2. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria, and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
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 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
!!l 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �' 919.707.9000
pepa"mem of EnvlmemeeW Uual�

Kenneth Smith Properties, Inc.
DWR# 20061223 v3
Buffer Authorization Certificate
Page 3 of 3
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 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 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 Neuse Riparian Buffer Rules as described in 15A
NCAC 0213.0714. Please contact Paul Nyarko at 252-948-3845 or [e-mail] if you have
any questions or concerns.
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Linwood E. Stroud, [e-mail]
Emily Thompson, USACE, [e-mail]
Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �' 919.707.9000
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IMPACT MAP
BROOKSTONE SUBDIVISION PHASE 2
WINTERVILLETOWNSHIP PITT COUNTY
O KENNETH SMITH
App; PROPERTIES, INC
1588 NC lag E
PHONE: AYDEN, NC 28513
DESIGNED:
AASTROUD ENGHNFERING, P.A. DRAWN:
IV107-B COMMERCE STREET
GREENVILLE, NC 27858 APPROVED:
[phone] LICENSE NO.C-0647
NORTH CAROLINA
LES DATE: 6/13/2023
LH] SCALE: AS SHOWN
LES SHEET 1 OF I

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DWR Project No:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
401 Water Quality Certification Issued Date:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR
Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA � 919.707.9000
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