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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