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Home My WebLink About20120081 Ver 2_Approval Letter_2013112140A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary November 21, 2013 TFP, LLC Attn: Mr. Doug Twiddy 1142 Ocean Trail Corolla, NC 27927 DWR # 12 -0081 V2 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Hickory Ridge Phase 3 Dear Mr. Twiddy: You have our approval for the impacts listed below for the purpose described in your application dated October 14, 2013 received by the Division of Water Resources (Division) on October 24, 2013 with additional information received on October 21, 2013. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Amount Amount Plan location/ Reference Attached Impact Approved Approved (units) (units) Temporary Permanent 404/401 0.1 (acres) 0 (acres) Hickory Ridge - Phase 3 Wetlands W1 Water Quality Regional Operations Section 943 Washington Square Mall, Washington, Borth Carolina 27869 Phone: 252 -946 -6481 1 FAX: 252- 975 -3716 Internet: www.ncwatenora An Equal Opportunity 4 Affirmative Action Employer TFP, LLC Attn: Mr. Doug Twiddy DWR # 12 -0081 V2 401 APPROVAL Page 2 of 3 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 the 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 approval letter and General Certification and is responsible for complying with all conditions. 3. Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This shall be done during the initial stage of construction. 4. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1650 Mail Service Center, Raleigh, NC 27699 -1650. 5. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DEN R: TFP, LLC Attn: Mr. Doug Twiddy DWR # 12 -0081 V2 401 APPROVAL Page 3 of 3 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252 -948 -3924 or anthony.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, i'�. David May, P.G. Regional Supervisor DWR Water Quality Regional Operations Section Washington Regional Office Enclosure: GC 3890 Certification of Completion cc: Warren D. Eadus, Quible and Associates, P.C., P.0, Drawer 870, Kitty Hawk, NC 27949 Josh Pelletier, USACE Washington Regulatory Field Office (via email) File Jennifer Burdette, DWR 401 & Buffer Permitting Unit