HomeMy WebLinkAbout20120081 Ver 2_Inspection_20151119North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 19, 2015
TFP, U-C
Attn: Mr. Douglas Twiddy
PO Box 369
Corolla, NC 27954
Subject: 401 Water Quality Certification Inspection
Hickory Ridge Subdivision, Phase III
DWR Project # 2012 -0081 V2
Dear Mr. Twiddy:
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 at the end of Ridge
Road in Kitty Hawk, Dare County. This project was inspected for compliance with the General Water Quality
Certification (GC) #3890 with Additional Conditions issued on November 21, 2013 for the proposed project.
The GC approved impacts of 0.10 acres of wetlands to complete your project as described in your application
received by DWR on October 24, 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 #3890.
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 htto: / /portal.ncdenr.org /web /wo /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
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.
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.nodenr.gov
An Equal Opportunity 1 Affrmative Action Employer — Made in part by recycled paper
Sincerely,
Scarbraugh, Environmental Senior Specialist
!uality Regional Operations Section
of Water Resources, NCDEQ
Enclosures: 401 Certification
GC 3890
Certificate of Completion
cc: WaRO File
Laserfiche
Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Richard Peed, DEMLR WaRO (via email)
Shelton Sullivan, 401 & Buffer Permitting Unit
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 21, 2013
TFP, LLC
Attn: Mr. Doug Twiddy
1142 Ocean Trail
Corolla, NC 27927
DWR # 12 -0081 V2
Dare County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hickory Ridge Phase 3
Dear Mr. Twiddy:
You have our approval for the impacts listed below for the purpose described in your application dated
October 14, 2013 received by the Division of Water Resources (Division) on October 24, 2013 with
additional Information received on October 21, 2013. These impacts are covered by the attached Water
Quality General Certification Number 3890 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 18 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
0.1 (acres)
0 (acres)
Hickory Ridge - Phase 3
Wetlands
W1
Water Quality Regional Operations Sedbn
943 Washington Square Mall, Washington, North Carohia 27889
Phone: 252- 946 -64811 FAX: 252- 9753716
Internet wwvrrayeter.oro
An Equal OpNrtuntty 1Afimialive Amon Erfr 9r
TFP, LLC
Attn: Mr. Doug Twiddy
DWR# 12 -0081 V2
401 APPROVAL
Page 2 of 3
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 1508 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 8:00am and 5:00pm,
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
TFP, LLC
Attn: Mr. Doug Twiddy
DWR # 12 -0081 V2
401 APPROVAL
Page 3 of 3
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 anthonv.scarbraughOncdenr.gov if you have any questions or
concerns.
Sincerely,
L N
David May, P G.
Regional Supervisor
DWR Water Quality Regional Operations Section
Washington Regional Office
Enclosure: . GC 3890
Certification of Completion
cc: Warren D. Eadus, Quible and Associates, P.C.,
P.O. Drawer 870, Kitty Hawk, NC 27949
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
File
Jennifer Burdette, DWR 401 & Buffer Permitting Unit