The URL can be used to link to this page

Home My WebLink About20150613 Ver 1_Approval Letter_20150714A&74FA RDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 14, 2015 Douglas A. and Sharon C. Twiddy 1622 Sound Landing Road Kitty Hawk, NC 27949 Donald R. van der Vaart Secretary D W R # 15 -0613 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Douglas A. and Sharon C. Twiddy Shoreline Stabilization Project Dear Mr. and Mrs. Twiddy: You have our approval for the impacts listed below for the purpose described in your application dated June 18, 2015 and received by the Division of Water Resources (Division) on June 22, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 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. (15A NCAC 02B .0506(b)(c)] Type of Impact Amount Amount Plan location/ Approved (units) Approved Reference Attached Permanent (units) Temporary 404 Wetlands W -1 0.026 (acres) 0 (acres) Figure Nationwide 13 Bank Stabilization Permit 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 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 -3716\ Internet: www.ncdenr.gov An Equal OpWrtunily 1 Affirmative Acdon Employer— Made in part by recycled paper Douglas A. and Sharon C. Twiddy DWR# 15 -0613 401 APPROVAL Page 2 of 4 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. Water Qualitv Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3885. [15A NCAC 02B .0507(c)) 4. 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. 15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. Re Opener Clause Douglas A. and Sharon C. Twiddy 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. Douglas A. and Sharon C. Twiddy 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 Douglas A. and Sharon C. Twiddy 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. 6. 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)] 7. The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at httD: / /Dortal.ncdenr.ore/ web /wa /swo /ws/ 401 /certsandDermits /aooly /forms). [15A NCAC 02H .0506(b)(5)] Douglas A. and Sharon C. Twiddy DWR# 15 -0613 401APPROVAL Page 3 of 4 8. This approval and their 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 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 htto: / /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: Sam H. Hayes, 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 anthonv.scarbrauahCd)ncdenr.Rov if you have any questions or concerns. Sincerely, uj Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3885 Certification of Completion Douglas A. and Sharon C. Twiddy DWR# 15 -0613 401 APPROVAL Page 4 of 4 cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Laserfiche File Pat McClain, DELMR WaRO (via email) Warren D. Eadus, Quible & Associates, P.C. (via email: weadus @quible.com) 6/11 /2013 1:00 PM Tstokal, ALBEMARLE SOUND 1 yy 9AiPPl�sY(T�p/{ET9Dfii1\ NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DIVISION OF WATER RESOURCES ! N low / )'4i fXi7d -Cfc K t l ' '1�• � sea- rs N 7 F TI SALE _ N IS FO ON F POSES O TIN ' RO E AND 1 INT U Y OR F NPORMATI P7STAMUZATM UMENT IS SUBJE(:t. A% AGENCY, ENTITY OR AUTHORITY, 1 DE SOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE SS OF A INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE ERRbf{ OR SSIOjl ff., L LOSSES OR DAMAGES RESULTING FROM THE !IIS TOIZ IAACA - ��ii!! - - PROJECT COPYRIGHT ® 1013 OUIBLE 1 ASSOCIATES, PC. w►T�oN�vms �n SI'ABBIlAT10t7 PSiIQr Poem Poem THIS DOCUMENT IS THE PROPERTY CF uible SINCE 1959 QUIBLE k ASSOCIATES, P.C. ANY DOUG AND SHARON TWIDDY DRAWN BY ALTERATION OF THIS DOCUMENT IS D A WK IF THIS DOCUMENT ISTNOT SIGNED ANC `.,.� M �y 161= SOUND LANDING ROAD .Q� ` C + ass�iates, P.C. SEALED BY A LICENSED PROFESSIONAL ENGINEERING / CONSULTING a PUNNING CHECKED BY THEN THIS DOCUMENT SMALL BE KITTY HAWK DARE COUNTY ENVIRONMENTAL SCIENCES • SURVEYING W OE CONSIDERED ND S NOT A HALL NOT CERTIFIED DOCUMENT SRUCTION, NORTH CAROLINA NC license /: C -0208 BE USED FOR CONSTRUCTION. p S0 100 PO Dm 870, NC 27919 DATE RECORDATION. SALES OR LAND Phone: (152) 991 8116 Ph 52) 91-S CONVEYANCES. OrMERW2E .— � —� —�— fe/: (232) 991 -1196 { -1s-16 NOTED, NO7E0. GRAPHIC SCALE IN FEET 1*.50 E -Man: aeminblraloAquieb.eem