20140013 Ver 1_Inspection_20140418

A ��
NCDEENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 18, 2014
Mid - Atlantic Builders, LLC
Attn: James Bickford
PO Box 2225
Kitty Hawk, NC 27949
Subject: 401 Water Quality Certification Inspection
James Bickford Property
DWR Project # 2014 -0013
Currituck Sound [PAS56, 30 -1; SC]
Dear Mr. Bickford:
John E. Skvarla, III
Secretary
On March 27, 2014, Anthony Scarbraugh of the Division of Water Resources (DWR) inspected a proposed
wetland impacts associated with staging area for equipment at the subject property located at 1221 Ponton
Lane in Corolla, Currituck County. This project was inspected for compliance with the General Water
Quality Certification (GC) #3890 with Additional Conditions issued on January 22, 2014 for the proposed
project. -
The GC approved impacts of 0.096 acres of wetlands to complete your project as described in your
application received by DWR on January 13, 2014.
The inspection revealed that the project has not yet been completed. This office would like to remind you
that you are limited to the impacts proposed in your application and you must comply with all additional
conditions regarding completing the certification of completion and compliance with GC 3890.
As a reminder, if you change your project you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions. Upon completion of all work approved
within the 401 WQC, and any subsequent modifications, the applicant is required to return the enclosed
certificate of completion to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC 27699 -1650. This document can also be accessed through the DWR
401 & Buffer Permitting Unit website at http: / /portal.ncdenr.org /web /wq /swp /ws /webscape.
Violations of any condition set forth in the Certification and Additional Conditions 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 water as depicted in your application and as authorized by
this Certification shall expire upon the expiration of the 404 or CAMA Permit.
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.aov
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Should you have any questions regarding these matters, please contact either Anthony Scarbraugh or
myself at (252) 946 -6481.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: Approval Letter
GC 3890
Certificate of Completion
cc: WaRO File
Kyle Barnes, USACE Washington Regulatory Field Office
L/fhelton Sullivan, 401 & Buffer Permitting Unit

NCDENR
North Carolina Department of Environment and Natural Resource,
Division of Water Resources
Water Quality Programs
Par McCrorj Thomas A. Reeder John E. 5kvarla, III
Governor Director Secretary
January 22, 2014
Dennis W. Hawthorn ,
Coastal Permitting Assistance
407 Angler Way
Kitty Hawk, NC 27949
DWQ Project # 14 -0013
Currituck County
Subject Property: James Bickford/James Tucker Project, 1221 Ponton Lane, Corolla
Pasquotank River Basin, Currituck Sound [PAS 56,30-1; SC]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hawthorn:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.096 acres of wetlands for the purpose of constructing a staging area for
equipment at the subject property, as described within your application dated December 20, 2013 and
received by the N.C. Division of Water Resources (DWR) on January 13, 2014. After reviewing your
application, the proposed impacts are covered by General Water Quality Certification Number(s) 3890
(GC3890). 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 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 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 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:
Water Quality Regional Operations Section Internet wtivw.ncwaterqualitv.ore
943 Washington Square Mall Phone: [phone]
Washington, NC27889 FAX [phone]
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Page 2 of 4
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 and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and, erosion
control requirements.
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 and authorized by this written
approval, including incidental impacts. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
downstream of the above structures. All devices shall be removed and the natural grade restored within
two (2) months of the date that the Division Mining, Energy and Land Resources has released the
Project.
Amount Approved Units
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
0.096 acres Fill
Plan Sheet 1 of I
Waters
(acres)
Buffers I
(square ft.)
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 and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and, erosion
control requirements.
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 and authorized by this written
approval, including incidental impacts. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
downstream of the above structures. All devices shall be removed and the natural grade restored within
two (2) months of the date that the Division Mining, Energy and Land Resources has released the
Project.

5. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life /fish kills.
6. 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 Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
7. The applicant/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.
If the Division determines that such- standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water
Resources Certification.
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.
If you do not accept any of the conditions 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 Roberto Scheller of the Washington Regional Office at
252- 948 -3940 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting
(Webscape) Unit at 919- 807 -6364.
Sincerely,
For Thomas A. Re6ii

Enclosures: Certificate of Completion
GC 3 890
cc: Kyle Bams, Corps of Engineers, Washington Regulatory Field Office
DWR Webscape Unit
DMELR, WaRO
File copy
rage 4 or It
Filename: 14 -0013