HomeMy WebLinkAbout20140329 Ver 1_Inspection_20151119 (2)North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 19, 2015
Bob Cox
PO Box 579
Frisco, NC 27936
Subject: 401 Water Quality Certification Inspection
Frisco Tackle Shop
DWR Project # 2014 -0329
Dear Mr. Cox:
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 new expanding the existing parking area at the subject property located at 52570
NC Highway 12 in Frisco, Dare County. This project was inspected for compliance with the General Water
Quality Certification (GC) #3890 with Additional Conditions issued on May 1, 2014 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 April 4, 2014.
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 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
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 1 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
arbraugh, Environmental Senior Specialist
lity Regional Operations Section
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
J
I�C�DENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 1, 2014
DWR # 14 -0329
Dare County
Atlantic Environmental Consultants, LLC
Doug Dorman
Post Office Box 3266
Kitty Hawk, NC 27949
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Project: Frisco Tackle Shop
Pasquotank River Basin, Pamlico Sound [PAS 51,30-22; SA, HQW)
Dear Mr. Dorman:
You have our approval for the impacts listed below for the purpose described in your
application dated March 30, 2014, received by the Division of Water Resources (Division) April
4, 2014. These impacts are covered by the attached Water Quality General Certification
Number 3890 (GC 3890). This General Certifications) allows you to use Nationwide Permit(s)
18 when issued by the US Army Corps of Engineers (USACE). 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 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.
Divlslon of Water Resources —Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square mall, Washington, NC 27889
Phone: 252- 94854811 FAX: 252-075-3716
Internet httpJ /portal.nolenr.org /weolwgFws
An Equal Opportunity \Affirmative Action Employer
Frisco Tackle Shop
DWR# 14 -0329
401APPROVAL
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1
(linear feet)
404/401 Wetlands
Site 1
0.10 (acres) fill
(acres)
Coastal Wetlands
Site 1
(acres)
(acres)
Open Waters
Site 1
(acres)
(acres)
Buffers —Zone 1
Site 1
(square feet)
(square feet)
Buffers — Zone 2
Site 1
(square feet)
(square feet)
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 /Authorization. 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(s) /Permit /Authorization and is responsible for complying with all
conditions.
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 1506 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 htto: /Iwww.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. 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 Postol Service: If sending via delivery service (UPS, Fedbx etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Frisco Tackle Shop
DWR# 14 -0329
401APPROVAL
. Page 3 of 3
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 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Roberto Scheller by phone at 252- 948 -3940 or by email at
roberto.scheller @ ncdenr.eov if you have any questions or concerns.
Sincerely,
U12�
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Enclosures: GC 3890
Certification of Completion
cc: Bob & Beverly Cox, email: bob @friscotackle.com
Kyle Barnes, USACE, Washington Regulatory Field Office
DWR401 & Buffer Permitting Unit
File