20220914 Ver 1_More Info Received_20221003

Strickland, Bev
From: Brian Rubino <[e-mail]>
Sent: Monday, October 3, 2022 1:22 PM
To: Tankard, Robert
Cc: billy.w.standridge ([e-mail]); Troy Murphy;
[e-mail]
Subject: RE: [External] RE: RED SHED RESIDENTIAL DEVEOLPMENT
Attachments: DWR Additiional Information V2 10-3-2022.pdf
Follow Up Flag: Follow up
Flag Status: Completed
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Robert,
Pleased see updated response letter for this project. Let me know if you have any further questions.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
www.quible.com
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may
contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or
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prohibited. If you have received this email in error please contact the sender and delete the material from any
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i

From: Brian Rubino
Sent: Friday, September 30, 2022 2:41 PM
To: Tankard, Robert <[e-mail]>
Cc: billy.w.standridge ([e-mail]) <[e-mail]>; Troy Murphy
<[e-mail]>; [e-mail]
Subject: RE: [External] RE: RED SHED RESIDENTIAL DEVEOLPMENT
Robert,
I will revise the response letter I sent to discuss the avoidance and minimization considerations. The owner's goal was
to build 4 of these multifamily structures due to workforce housing shortages on Hatteras Island. We found out, after
some initial feasibility steps, that the property width, presence of wetlands, minimum parking needs and septic in a
suitable area would not allow for that. Also, when the owners initially had this property under contract, the wetlands
would have qualified as non -JD (prior rules). I will explain this all in my response #4 revised.
Thanks,
Brian
From: Tankard, Robert <[e-mail]>
Sent: Friday, September 30, 2022 2:07 PM
To: Brian Rubino <[e-mail]>
Cc: billy.w.standridge ([e-mail]) <[e-mail]>; Troy Murphy
<[e-mail]>; [e-mail]
Subject: RE: [External] RE: RED SHED RESIDENTIAL DEVEOLPMENT
Brian, thanks for the additional info. Could you also talk about minimization (elimination of a structure, downsizing of
structures and/or elimination of parking spaces)?
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] I Cell: [phone]
[e-mail]
1:1__EQA5,
NORTH CAROLINA \ �/
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
2

From: Brian Rubino <[e-mail]>
Sent: Monday, September 26, 2022 12:22 PM
To: Tankard, Robert <[e-mail]>
Cc: billy.w.standridge ([e-mail]) <[e-mail]>; Troy Murphy
<[e-mail]>; [e-mail]
Subject: [External] RE: RED SHED RESIDENTIAL DEVEOLPMENT
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Robert,
Please see attached responses and supplementary information. Let me know if you have any additional questions or if
you need anything else.
Thanks,
Brian
Brian D. Rubino, P.G.
Vice President
Quible & Associates, P.C.
8466 Caratoke Highway, Bldg 400
Powells Point, NC 27966
P.O. Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
www.quible.com
C.9:11
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may
contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or
taking action in reliance upon this information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the sender and delete the material from any
computer.
From: Tankard, Robert <[e-mail]>
Sent: Thursday, September 22, 2022 2:25 PM
To: Troy Murphy <[e-mail]>; [e-mail]
Cc: billy.w.standridge ([e-mail]) <[e-mail]>; Brian Rubino
<[e-mail]>
Subject: RED SHED RESIDENTIAL DEVEOLPMENT
3

Mr. Murphey, please find attached is a add -info letter requesting more information about the project. If you should
have any questions, please let me know.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] I Cell: [phone]
[e-mail]
1:tEC15,
NORTH CAROLINA \ �/
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
4

Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
Mr. Robert Tankard
NCDEQ, DWR
943 Washington Square Mall
Washington, NC 27909
October 3, 2022
RE: Red Shed Residential Development NCDWR Responses, V.2
SAW-2022-00395
Robert,
P.O Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: [phone]
web: quible.com
We appreciate your review of the proposed project that requires Nationwide 14/18 Permitting as
well as a 401 Water Quality Certification from NCDWR. Please see below responses to your
September 22, 2022 review letter and the accompanying supplementary information.
DWR Item 1- The Division needs to understand why the use of Gray Ave./Lances Way cannot
be used to access the proposed structures and parking areas.
Applicant Response- Gray Ave. and Lances Way are not public or private rights -of -way, they
are driveways for the adjacent private developments adjacent to the north and south of the
subject property. Those driveways are part of the deeded lot areas for the adjacent properties.
Please see attached Dare County GIS map. This is unlike some of the nearby public streets, for
example, Sea Isle Hills Dr. to the north and Laughing Gull Ln. to the south. And, it is also
important to note that neither Gray Ave. nor Lances Way are dimensionally compliant to be
converted to public streets, since public streets must include a 45 ft wide r-o-w. Also attached is
the section of the Dare County Code of Ordinances related to Public Streets. In unincorporated
Dare County, a new development must abut a public street such as NC 12, but may have a
private driveway that is suitable to support ingress/egress and emergency vehicle access.
DWR Item 2- Please explain why the proposed structures cannot be elevated to accommodate
the parking spaces for the project of why the project could not be minimized to reduce wetland
fill.
Applicant Response- There is not sufficient lot width to support a common driveway or a public
street on the subject property to allow parking beneath the proposed structures. Initially, the
owner's goal was to build four of these multifamily structures due to workforce housing
shortages on Hatteras Island. It was determined, after some initial feasibility steps, that the
property width, presence of wetlands, minimum parking needs and septic in a suitable area
would not allow for that, but they could construct three of the structures with the appropriate
USACE and NCDWR Permits. The parking spaces shown are the minimum needed to facilitate
this project. Also, when the owners initially had this property under contract, the wetlands would
have qualified as non -JD (prior rules) which would have allowed impacts to all of the wetland
area without compensatory mitigation. This proposal would include compensatory mitigation at
a 2:1 ratio.

Please let me know if you have any additional questions or requests for clarification.
Sincerely,
Quible & Associates, P.C.
ifi'l2;6`'r--
Brian Rubino
CC: Billy Standridge, USACE
Trip Forman