20111113 Ver 1_Approval Letter_20120126

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue
Governor
Chuck Wakild, P.E.
Director
January 26, 2012
Resources
Dee Freeman
DWQ Project # 11 -1113
Hyde County
Twiddy Family Partnership, LLC.
Mr. Doug Twiddy
Post Office Box 369
Corolla, NC 27927
Subject Property: Lot 74, Pamlico Point Beachside Extension, Ocracoke
Pamlico Sound [ 030307, 29- (40.5), SA, HQW]
Approval of 401 Water Quality Certification (GC 3821) with Additional Conditions and
Authorization of Tar - Pamlico River Buffer Rule (15A NCAC 02B .0259 and Session Law
2011 -394) Authorization Certificate
Dear Mr. Twiddy:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.069 acres of wetlands, 468.5 of Zone
1 and 1979 square feet of Zone 2 of the protected riparian buffers for the propose of
constructing a single family residence at the subject property, as described within
your application dated December 13, 2011 and received by the N.C. Division of Water
Quality (DWQ) on December 28, 2011. This Office has determined that the
application of the buffer rules precludes the building of a single family residence and
necessary infrastructure. Therefore, Section 17(c) of Session Law 2011 -394 will be
applied to the subject property.
After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3821 (GC 3821). The Certification(s)
allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non - discharge, and other
regulations. Also, 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX 252 - 946 -9215 NofthCarolina
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Page 2 of 4
new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed
below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No
other impacts are approved including incidental impacts:
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the
most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained
on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the
most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre - Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or
rules occur.
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0.069 (acres) fill
PCN page 4 of 11
Buffers
465.5 (square ft) of Zone 1
1,979 (square ft) of Zone 2
Property Plat
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the
most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained
on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the
most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre - Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or
rules occur.

Page 3 of 4
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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 the attached certificate of completion to the 401
Oversight /Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
6. All mechanized equipment operated near surface waters must be regularly
inspected and maintained to prevent contamination of waters from fuels,
lubricants, hydraulic fluids, or other toxic materials.
7, No Impacts to CAMA Coastal Wetlands
This letter includes approvals for impacts to fresh water wetlands jurisdictional
under Section 404 and 401 of the Clean Water Act and does not approve impacts to
CAMA coastal wetlands.
8. "Re- opener" Clause
Twiddy Family Partnership, LLC. and its authorized agents shall conduct its
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act)
and any other appropriate requirements of State law and federal law. NC Wildlife
Resources Commission shall require its contractors (and /or agents) to comply with
all of the terms of this Certification, and shall provide each of its contractors (and /or
agents) a copy of this Certification. A copy of this Certification shall be included in
the construction contract and available on the job site at all times. If DWQ
determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that State or federal law is being violated,
or that further conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWQ shall notify the Division of
Coastal Management and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Division of Coastal Management in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
Violations of any condition herein set forth may result in revocation of this
Certification and may result in criminal and /or civil penalties. The authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application and as authorized by this Certification shall expire upon expiration of
the 404 or CAMA Permit.

Page 4 of 4
If you do not accept any of the - condition -s -of this -Certification-(associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding
unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Amy Adams of the
Washington Regional Office at 252 -948 -3917 or Ian McMillan of the 401 Webscape
Unit at 919- 807 -6364.
incergl ,
For Charles Wakild,
Enclosures: Certificate of Completion
Buffer Rules
Session Law 2011 -394 Fact Sheet
GC 3821
cc: DWQ Webscape Unit
Raleigh Bland, USACE, Washington Regulatory Field Office
Doug Huggett, DCM, Morehead City District Office
David Moye, DCM, WaRO
File Copy
Filename: 11 -1113_ Lot 74 Pamlico Point Beachside Extension_3821_Approval /aa

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PROJECT COPYRIGHT CI TES, 2011 NATIONWIDE Z$ & 401 C=T0CA7l0N
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THIS DOCUMENT , P.C. PROPERTY IBS LOT 74 j� �`1 Quible W F t939
DRAWN BY RESERVED. ANY REPRODUCTION OF THIS OR j �I40 POINT
POSSESSION WMiOUT PRIOR PERMISSION OF
TAS QUIBLE A ASSOCIATES, P.C. WILL CONSTITUTE BEACH9DE .EXTENSION & Associates, P.C.
VIOLATION OF COPYRIGHT LAWS. VIOLATION ENGINEERING • CONSULTING • PLANNING
CHECKED BY VaLL BE SUBJECT TO LFC L A00H OCRACOKE HYDE COUNTY ENVIRONMENTAL SCIENCES • SURVEYING
IF THIS PLAN OR PLAT IS NOT SIGNED AND
6DR SEALED BY A LICENSED PROFESSIONAL THEN NORTH CAROLINA INC 870, Kitty Hawk, N
THIS PLAN OR PLAT SHALL BE CONSIDERED 0 30 BO PO Drawer 870, Kt11y Hawk, NC 27949
DATE PRELIMINARY AND NOT A CERTIFIED DOCUMENT Phone: [phone]
AND SHALL NOT BE RECORDATION, SALESU USED LAND COONVEYANCES Fox: (252) 281 -12 60
GRAPHIC SCALE IN FEET 1 " =30 E— A1a11: adminlatratorOqulbfe.com

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To: Amy Adams
From: Warren Eadus
Date: January 25, 2012
Re: Lot 74 Pamlico Point, Beachside Extension
Attached is a sketch of the above referenced lot that shows what the DWQ Buffer impacts would be if
these Buffers were being enforced. This exercise and attached sketch were done at the request of
Anthony Scarbraugh and are presented for your convenienoe as an accounting tool. It is understood
that under Session Law 2011 -394 this lot is able to be developed as shown and in general
accordance with the previously submitted PCN Application.
Quible SINC£ 1959
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MEMORANDUM
& .Associates, P.C.
ENGINEERING * CONSULTING.* PLANNING
ENVIRONMENTAL SCIENCES * SURVEYING
Phone: [phone]
Fox: (252) 261 -1260
Web: www.quible.com
To: Amy Adams
From: Warren Eadus
Date: January 25, 2012
Re: Lot 74 Pamlico Point, Beachside Extension
Attached is a sketch of the above referenced lot that shows what the DWQ Buffer impacts would be if
these Buffers were being enforced. This exercise and attached sketch were done at the request of
Anthony Scarbraugh and are presented for your convenienoe as an accounting tool. It is understood
that under Session Law 2011 -394 this lot is able to be developed as shown and in general
accordance with the previously submitted PCN Application.