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HomeMy WebLinkAbout20220965 Ver 1_Approval Letter_20220928 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 September 28, 2022 DWR # 2022-0965 v1 Currituck County CB Development, LLC Attn: Sumit Gupta PO Box 90 Kill Devil Hills, North Carolina 27918 Subject: Approval of Individual 401 Water Quality Certification Corolla Bay East USACE Action ID. No. SAW-2020-02132 Dear Mr. Gupta: Attached hereto is a copy of Certification No. WQC005210 issued to Mr. Sumit Gupta and CB Development, LLC, dated September 28, 2022. 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 Water Quality Certification. 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification 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 Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification 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 Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 2 of 9 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification 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, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification 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 party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 3 of 9 This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robert Tankard at 252-948-3921 or Robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Brian Rubino, brubino@quible.com Anthony Scarbraugh, Anthony.D.Scarbraugh@usace.army.mil laserfiche North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 4 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005210 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Sumit Gupta and CB Development, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on July 15, 2022, and by Public Notice issued by the U. S. Army Corps of Engineers on August 31, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 0 (linear feet) 0 (linear feet) 404/401 Wetlands W1 - 0.44 (acres) 0 (acres) Open Waters 0 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1.Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Great Dismal Swamp Restoration Mitigation Bank to meet this mitigation requirement. Until the Great Dismal Swamp Restoration Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Great Dismal Swamp Restoration Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Fill North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 5 of 9 2. The permittee shall report to the DWR Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Compensatory Mitigation Required River and Sub-basin Number Stream 0 (feet) Wetlands 0.88 (acres) HUC 030102050 Waters 0 (acres) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 6 of 9 Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 7 of 9 designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. 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. 8. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 8 of 9 9. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 11. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Project Name DWR# 2022-0965 Individual Certification #WQC005210 Page 9 of 9 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 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. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 28th day of September 2022 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Q: A1999\ p99006\ Drawings\ 2020\ P99006— CB EAST— NAT39 PLAN. dwg 7\ 12\ 2022 2: 01 PM Tmurphy NOTES: 1. OWNER/APPLICANT: CB DEVELOPMENT, LLC PO BOX 90 KILL DEVIL HILLS, NC 27948 2. PIN: 9936-44-9230/9936-53-0625/9936- 53-0153 3. PID: 11 5E0000PEN 0004/011 500003XE0000/011 500000040000 4. PROPERTY ADDRESS: 0 OCEAN TRAIL 5. TOTAL LOT AREA (THREE PARCELS) = +/-566,280 SF / 13.0 AC. 6. SUBJECT REFERENCES: DB 1585, PG 260, 264; PC J, SL 19,. PC L, SL 177 7. BOUNDARY INFORMATION SHOWN BASED ON PC J, SL 198 AND PC L, SL 177 8. WETLAND LINES SHOWN AS PER MAP BY COASTAL ENGINEERING & SURVEYING, DATED 04/05/05, AND USACE JURISDICTIONAL DETERMINATION SAW-2020-02132. 9. TOTAL PROPOSED WETLAND FILL: 18,991 SF (0.44 ac.) HERRIN& STREET HERRING STREET 48888, PROPOSED STORMWATER BASIN i l 11) 641, V N/F LOT bl SECT. b HHALEHEAD CLUB PC 3, SL 69 i LOT 62 SECT. 6 WHALEHEAD CLUB PC 3, SL 69 oc,4 PROPOSED COMMERICAL & RESIDENTIAL DEVELOPMENT CONCEPT LOT 63 SECT. b HHALEHEAD CLUB PC3,5L69 L I_ I LEGEN I rvi PROPOSED NATIONWIDE 39 FILL (9,866 SF) PROPOSED NATIONWIDE 29 FILL (9,125 SF) N/F COROLLA BAY OPEN SPACE PCH,SL22/ PROPOSED COMMERICAL & RESIDENTIAL DEVELOPMENT CONCEPT N/F LOT 64 SECT. b HHALEHEAD CLUB PCA,Si_ 69 LOT 655EGT.6 HHALEHEAD CLUB P.G. 3, L. 69 PROPOSED NATIONWIDE 39 WETLAND FILL 4,849 S\ NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION, RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF THIS INFORMATION. Imaaaftesoine PROPOSED NATIONWIDE 29 WETLAND FILL 8,425 SF PROPOSED NATIONWIDE 29 WETLAND FILL 700 SF PROPOSED NATIONWIDE 39 WETLAND FILL 3,469 SF N/F COROLLA SHORES, PHASE 5 DB 563, PG 732 PROPOSED NATIONWIDE 39_ WETLAND FILL 204 SF I FTT III l WETLAND LINE PER SAW-2020-02I32 PROPOSED COMMERICAL & RESIDENTIAL DEVELOPMENT CONCEPT N T1 I T LOT 66 SECT. 6 HHALEHEAD CLUB PC3,5L69 COROLLA DRIVE LOT 67 SECT. 6 HHALEHEAD CLUB PC3,5L69 LOT 68 SECT, b HHALEHEAD CLUB PG3,SLb9 LOT 69 SECT. 6 WHALEHEAD CLUB PC 3, SL 69 LOT 70 SECT. 6 J'VHALEHEAD CLUB PC3,SL69 L PROPOSED NATIONWIDE 39 WETLAND FILL 677 SF CRUZ BAY LN CURRITUGK SouND CRUZ BAY CT ATLANTIC OCEAN en miNT; VICINITY MAP Mom! PROPOSED NATIONWIDE 39_ WETLAND FILL 667 SF L-'I II I I I N/F LOT 7/ SECT. 6 WHALEHEAD CLUB PC3,Si_ 69 LOT 72 SECT, b HHALEHEAD CLUB PC3,SL69 i i i i i N/F COROLLA LIGHT PUD DB 253, PG 858 N/F LOT 2PHASE /3 COROLLA LIGHT PUD PGM, SL114 8ARRAGI DA STREET GRAPHIC SCALE 80' 0 40' 80' 160' IN FEET ) 1 inch = 80' ft. NC License#: C- 0208 SINCE 1959 z 0 C) Lill Lr Liu AT BLACK MTN. OFFICE* W 0 0 Z Q if Fa > CD z z z Lill O z z ES u LLllO zCO CO0 N U C.) o0 0 I z _ P, 03 Z 2 oN o a cn "- CC O N. , ulUVJ ...-n U C ccoo03 o E v_ 1o_cv Do m m m 0 PRELIMINARY NOT FOR CONSTRUCTION C€ RTIFOCATION z l NATIONWIDE NORTH CAROLINA PROJECT NO. P99006 DRAWN BY ATM CHECKED BY BDR SCALE 1"= 80' ISSUE DATE 07/ 12/22 Sept 29 22wqc005210 The Great Dismal Swamp RestorationBank, £CC P. O. Box 6186 Phone (757) 487-3441 Chesapeake, VA 23323 Fax (757) 487-8680 July 7, 2022 Troy Murphy Quible & Associates, P.C. PO Drawer 870 Kitty Hawk, NC 27949 RE: 0 Ocean Trail (NC HWY 12 N) Corolla, NC 27927 Dear Mr. Murphy: The following price quote is given in reply to your request for the purchase of 0.88 Non -Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our Timberlake mitigation bank. The cost will be Thirty -Five Thousand, Two Hundred Dollars ($ 35,200.00). This quote will expire on September 30, 2022. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project #: Pending Waterway: Non Riparian Permittee Name: CB Development, LLC Locality of Impact: Corolla, NC Permit action (i.e., IP, NWP-39, enforcement, etc.) Impacts (acres/linear feet): (2:1) 0.44 / 0.88 Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote this project. We look forward to working with you. Sincerely, Beverly M.hite Manager— ccounting / Sales GDSRB DocuSign Envelope ID: 7A9378A5-77FF-43B2-B131-5617E8EF39E3 RE: CB Land Development, LLC Corolla, Currituck County, NC As owner, I authorize Quible & Associates, P.C. (Quible) to apply for and receive a Nationwide 39 Permit through the US Army Corps of Engineers (USACE) and a 401 Water Quality Certification through NCDWR if necessary. And, I authorize USACE and NCDWR to access the above referenced property as necessary for the same purpose. DocuSigned by: i erif Au1}a rwcl TT95Fc,3ti41 tt... Authorized Signature Name: Sumit Gupta 6/29/2022 Date: North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 DWR Project No: County: Applicant: Project Name: 401 Water Quality Certification Issued Date: 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: