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HomeMy WebLinkAbout20140231 Ver 1_Inspection_20151119 (2)North Carolina Department of Environmental Quality Pat McCrory Governor Brandon Williams 1328 Penrose Lane Chesapeake, VA 23320 - Dear Mr. Williams: Donald R. van der Vaart Secretary November 19, 2015 Subject: 401 Water Quality Certification Inspection Williams Property, Lot 3, Mid Island Enterprises DWR Project # 2014 -0231 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 25298 NC Highway 12 in Rodanthe, Dare County. This project was inspected for compliance with the General Water Quality Certification (GC) #3890 with Additional Conditions issued on April 14, 2014 for the proposed project. The GC approved impacts of 0.06 acres of wetlands to complete your project as described in your application received by DWR on March 6, 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 LAMA 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 -3716\ Internet: www.nodenr.gov An Equal Opportunity, \ Afirmavve Action Employer— Made in part by recycled paper Sincerely, Enclosures: 401 Certification GC 3890 Certificate of Completion cc: WaRO File Laserfiche Environmental. Senior Specialist ial Operations Section sources, NCDEQ Kyle Barnes, USACE Washington Regulatory Field Office (via email) Richard Peed, DEMLR WaRO (via email) Shelton Sullivan, 401 & Buffer Permitting Unit '�iA DIFUIR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory John E. Skvada, III Governor Secretary April 16, 2014 DWR # 14 -0231 Dare County Quible & Associates, P.C. Brian Rubino Post Office Drawer 870 Kitty Hawk, NC 27949 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project: Williams Property, Lot #3, Mid Island Enterprises Pasquotank River Basin, Pamlico Sound [PAS 55, 30 -22; SA, HQW] Dear Mr. Rubino: You have our approval for the impacts listed below for the purpose described in your application dated February 24, 2014, received by the.Division of Water Resources (Division) March 6, 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. 401 & Buffer Permitting Unit 1650 Mail Servia Center, Raleigh, North Carolina 27699 -1650 Phone; 919807 -63011 FAX: 9198078494 Internet htip :llportal.ncdenr.orghvabVgMs An Equal Opportunity \ Afirinatie Action Employer Williams Property, Lot #3 Mid Island Enterprises DWR# 14 -0231 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 0.06 (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) 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 150B 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: / /www.ncoah.com/ or by calling the OAH Clerks 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 Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Williams Property, Lot #3 Mid Island Enterprises DWR# 14 -0231 401 APPROVAL Page 3 of 3 If sending via delivery service (UPS, FedEY 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 DEN R: 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.aov if you have any questions or concerns. Sincerely, Robert Tankard Assistant Regional Supervisor Division of Water Resources Enclosures: GC 3890 Certification of Completion cc: Josh Pelletier, USACE, Washington Regulatory Field Office DWR401 & Buffer Permitting Unit File