HomeMy WebLinkAbout20141162 Ver 1_Approval Letter_20150323F4CDENR.
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TFP, LLC
Attn: Mr. Doug Twiddy
P 0 Box 369
Corolla, NC 27•••
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Subject: Approval • Individual 401 Water Quality Certification with Additional Conditions
Corolla Village Inn
USACE Action ID. No. SAW-2014-02063
Attached hereto is a copy of Certification No. 4016 issued to Mr. Doug Twiddy and TFP, LLC,
dated March 23, 2015. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations.
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 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling ti-M
OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when t
original and one (1) copy along with any applicable •AH filing fee is received in the O• H duriln
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding offici
state holidays).
I -ere m IM TR re-WIMY, I
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N Salisbury St, Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919-807-6492
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer -- Made in part by recycled paper
TFP, LLC
DWR# 14-1162
Individual Certification #4016
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, 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:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Roberto Scheller at 282-948-3940 or
roberto.scheller@ncdenr.gov or Jennifer Burdette at 919-807-6364 or
iennifer.burdette@ncdenr.gov if you have any questions or concerns.
Sincerely,
nlll�-
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Warren D. Eadus, Quible & Associates, PC, P 0 Drawer 870, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WaRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 141162CorollaVillageinn(Currituck)-401—IC.docx
TFP, LLC
DWR# 14-1162
Individual Certification #4016
Page 3 of 7
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Conditions of Certification:
1. Impacts Approved
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 Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.26 (acres)
0 (acres)
TFP, LLC
DWR# 14-1162
individual Certification #4016
Page 4 of 7
'#,,e maintained in perpetuity. No changes to the structural stormwater practices shall be
,na• e without written authorization from the Division. [15A NCAC 02B. .0506(b)(5111
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian area—s
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance • sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
4. Sediment and Erosion Control
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. 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.
b. 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.
c. 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.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
1 VT NOT 0 1 �- 01 I r-
Page 5 of 7
Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. if your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at:
http://t)ortal.ncdenr.org/web/wq/``ws/`su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual
• as not to restrict stream flow • cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
TFP, LLC
DWR# 14-1162
Individual Certification #4016
Page 6 of 7
13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15ANCACO2H.0506(b)(2)]
14. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B.0231]
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
16. Continuing Compliance
Mr. Doug Twiddy and TFP, LLC shall conduct construction 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
and Federal law. [15A NCAC 0213.0200] If the Division 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, the Division may reevaluate and modify this Certification. Before modifying the
Certification, the Division shall notify Mr. Doug Twiddy and TFP, LLC and the U.S. Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Mr. Doug Twiddy and TFP, LLC in writing, shall be provided to
the U.S. 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.
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http://portal.ncdenr.org/web/`wq/swp/`wsZ40IZcertsandpermits/"``apply/forms).
19. This certification grants permission to the director, an authorized representative of the
Director, orDENRstaff, upon the presentation of proper credentials, to enter the property
during normal business hours. |15ANCACO2H.0502/eU
This approval to proceed with your proposed impacts orto conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date ofissuance shall remain in effect for the life mf the project,
regardless of the expiration date of this Certification. [15ANCACU2H.O5O7(d)(2) and l5AN[/\[
Non-compliance with or violation Qfthe conditions herein set forth may result in revocation nf
this Certification and may also result in criminal and/or civil penalties.