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Home My WebLink About20131272 Ver 1_Inspection_20151119North Carolina Department of Environmental Quality Pat McCrory Governor November 19; 2015 Mr. Derek Hatchell 1002 Driftwood Drive Manteo, NC 27954 Subject: 401 Water Quality Certification Inspection Lot #3 Etheridge Acres DWR Project # 2013 -1272 Dear Mr. Hatchell: Donald R. van der Vaart Secretary On November 16, 2015, Anthony Scarbraugh of the Division of Water Resources (DWR) inspected a proposed wetland impacts associated with residential construction at the subject property located approximately 0.1 miles northeast of Joclar Lane and Payne Road intersection in Manteo, Dare County. This project was inspected for compliance with the General Water Quality Certification (GC) #3886 with Additional Conditions issued on December 31, 2013 for the proposed project. The GC approved impacts of 0.50 acres of wetlands to complete your project as described in your application received by DWR on November 13, 2013. 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 #3886. In addition, DWR staff observed sediment and erosion control measures were not installed throughout the construction area as required by the above mentioned GC. The DWR will require the measures to be installed to comply with the GC and a follow inspection scheduled. 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, 1617 Mail Service Center, Raleigh, NC 27699 -1617. This document can also be accessed through the DWR 401 & Buffer Permitting Unit website at http: / /portal.ncdenr.org /web /wq /401bufferpermitting. 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 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889. Phone: 252 - 946-6481 1 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity \Affirmative Action Employer — Made in part by recycled paper 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. Should you have any questions regarding these matters, please contact me at (252) 946 -6481. Sincerely, Enclosures: 401 Certification GC 3886 Certificate of Completion cc: WaRO File Laserfiche :arbraugh, Environmental Senior Specialist lity Regional Operations Section Water Resources, NCDEQ Kyle Barnes, USACE Washington Regulatory Field Office (via email) Richard Peed, DEMLR WaRO (via email) Shelton Sullivan, 401 & Buffer Permitting Unit Warren Eadus, Quible and Associates, P.C. (via email: weadus @quible.com) North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary December 31, 2013 Mr. Derek Hatchell 1002 Driftwood Drive Manteo, NC 27954 DWR # 13 -1272 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lot 3 Etheridge Acres Dear Mr. Hatchell: You have our approval for the impacts listed below for the purpose described in your application dated November 13, 2013 received by the Division of Water Resources (Division) on October 24, 2013 with additional information received on December 9, 2013. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 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. Type of Amount Amount Plan location/ Reference Attached Impact Approved Approved (units) (units) Temporary Permanent 404/401 0.02 (acres) 0 (acres) Etheridge Acres Parcel 3 Wetlands W1 Water Duality Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252- 946.64811 FAX, 252 - 975 -3716 Internet: wwwmAatar.ota An Equal Opponunity\AfinnaM Action Employer Mr. Derek Hatchell DWR 4 13 -1272 401 APPROVAL Page 2 of 3 404/401 Wetlands .0.42 (acres) 0 (acres) Etheridge Acres Parcel W2 404/401 Wetlands 0.06 (acres) 0 (acres) Etheridge Acres Parcel 3 W3 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. 3. 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. 4. 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, 1650 Mail Service Center, Raleigh, NC 27699 -1650. 5. 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). 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:O0am and 5:O0pm, 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, Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 mr. uereK narcnen DWR # 13 -1272 401 APPROVAL Page 3 of 3 etc): Office of Administrative Hearings 1711 New Hope Church Road 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 Mall 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.scarbrau ¢ h@ncdenr.¢ov If you have any questions or concerns. Sincerely, David May, P.G. Regional Supervisor DWR Water Quality Regional Operations Section Washington Regional Office Enclosure: GC 3886 Certification of Completion cc: Warren D. Eadus, Quible and Associates, P.C., P.O. 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