HomeMy WebLinkAbout20141100 Ver 1_Approval Letter_20141219NOT A L .,11A PERMIT
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North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
December 19, 2014
D W R # 14 -1100
Currituck County
WSV Lt, LLC and Old Nags Head Places No. 3, LLC
Attn: Sumit Gupta
1314 South Croatan Highway
Kill Devil Hills, NC 27949
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Waterside Villages (200 Mercedes Drive, Grandy)
Dear Mr. Gupta:
You have our approval for the impacts listed below for the purpose described in your application dated
October 15, 2014 and received by the Division of Water Resources (Division) on October 15, 2014 with
subsequent information received on December 8 and 18, 2014. These impacts are covered by the attached
Water Quality General Certification Number 3900 and the conditions listed below. This certification is
associated with the use of CAMA Major Permit and General Permits) 198000291 issued by the US Army
Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the
Division of Coastal Management issues it. 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 certifications) 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. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount
Amount
Plan location/
Approved (units)
Approved (units)
Reference Attached
Permanent
Temporary
Open Water
01 (Maintenance
Dredging in Basin and
0.07 (acres)
0 (acres)
LAMA Major
Canal)
Application Figure
Division of Water Resources -Water Quality Regional Operations Section -Washington Regional Office
_ - 943 Washington Square Mall, Washington, NC 27889
Phone: 252- 946 -6481 \ Fax: 252- 975 -37161 Internet: www,ncdenr.gov
An Equal opportunity 1 Affirmative Action Employer — Made in part by recycled paper
WSV Lt, LLC and Old Nags Head Places No. 3, LLC
Attn: Mr. Sumit Gupta
DWR q 14 -1100
401 APPROVAL
Page 2 of 4
2. 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. [15A NCAC 02B .0507(d)(2))
3. No impacts to SAVs are authorized by this certification beyond the maintenance dredging
within the existing basin and canal. [15A NCAC 07H .0208(b)] - --
4. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3900. [15A NCAC 02B .0507(c)]
5. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for - -
Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (I) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0220]
6. Re Opener Clause
The WSV Lt, LLC and Old Nags Head Places No. 3, LLC and their authorized agents shall
conduct their 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. The WSV Lt, LLC and
Old Nags Head Places No. 3, LLC shall require their contractors (and /or agents) to comply
with all of the terms of this Certification, and shall provide each of their 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 DWR 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, DWR 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, DWR shall
notify the WSV Lt, LLC and Old Nags Head Places No. 3, LLC 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 DWR 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.
WSV Lt, LLC and Old Nags Head Places No. 3, LLC
Attn: Mr. Sumit Gupta
DWR # 14 -1100
401 APPROVAL
Page 3 of 4
7. 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, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
8. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B 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:OOam and S:OOpm, 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 DENR:
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.scarbraueh @ncdenr.eov if you have any questions or
concerns.
WSV Lt, LLC and Old Nags Head Places No. 3, LLC
Attn: Mr. Sumit Gupta
D W R # 14 -1100
401 APPROVAL
Page 4 of 4
Sincerely,
Robert Tankard, Assist Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC'3900
Certification of Completion
cc: Doug Huggett, DCM Morehead City
Ron Renaldi, DCM Elizabeth City
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
File
George H. Wood, Environmental Professionals, Inc.,
PO Box 90, Kill Devil Hills, NC 27948
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