The URL can be used to link to this page

Home My WebLink About20160176 Ver 1_Approval Letter_20160311March 11, 2016 Tway Construction & Design is Mr. Matt Conway Shiloh Street Devil Hills, NC 27948 bject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Virginia Dare Shores Block 50 (lots 5, 6, 11-14) Mr. Conway: PAT MCCRORY ,;(, ., o. DONALD R. VAN DER VAART S,";' .; S. JAY ZIMMERMAN D W R # 16-0176 Dare County u have our approval for the impacts listed below for the purpose described in your application dated bruary 18, 2016 and received by the Division of Water Resources (Division) on February 22, 2016. These pacts are covered by the attached Water Quality General Certification Number 3890 and the conditions ed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or al permits before proceeding with your project, including those required by (but not limited to) Jiment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. approval requires you to follow the conditions listed in the enclosed certification(s) or general iit 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. [15A NCAC 0213.0506(b)(c)]] Type of Impact Amount Amount Plan location/ Reference Approved Approved Attached (units) (units) Permanent Temporary Wetlands W1 (Fill Pad) 0.1 (acres) 0 (acres) Nationwide 18 Fill Permit; Conway Construction & Design; Block 50 (Lots 5, 6, 11-14), Virginia Dare Shores Sate of North Carolina [ Environmental Quality ] Water Resources— Water Quality Regional Operations—Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 Conway Construction & Design Attn: Mr. Matt Conway 401 Approval DWR# 14-1311 Page 2 of 5 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. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3890. [15A NCAC 02B .0507(c)) 4. 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. 15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)) 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)) 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 026 .0200 (3)(f), and GS 143 Article 21A] 7. Re Opener Clause Conway Construction & Design and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Conway Construction & Design shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure Conway Construction & Design Attn: Mr. Matt Conway 401 Approval DWR# 14-1311 Page 3 of 5 compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify Conway Construction & Design and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 8. Stormwater Management Plan (SMP) Approved by another Division Stormwater Program Required You are required to provide one copy of the stormwater management plan (SMP) approval letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. The project must be constructed and maintained in compliance with the approved SMP. After the approval letter is submitted to the Division, the SMP may not be modified without prior written authorization from DEMLR. If the SMP is modified in the future, then you shall provide an approval letter for the modifications to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 9. 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, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 10. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)) 11. Within 60 days of completion of construction, as -built drawings (which can be shown on an aerial or done as a survey) shall be submitted to both the Division of Water Quality, 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to the Washington Regional Office. 115A NCAC 02H.0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] 12. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a i petition for an administrative hearing to the Office of Administrative Hearings (hereby known as Conway Construction & Design Attn: Mr. Matt Conway 401 Approval DWR# 14-1311 Page 4 of 5 A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Office at (919) 431-3000 for information. 'ithin sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition considered filed when the original and one (1) copy along with any applicable OAH filing fee is received the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding ficial state holidays). petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy ofthe petition g with any applicable OAH filing fee is received by the OAH within five (5) business days following the d transmission. ailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, 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 DEQ: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, INC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Don Burke at 252-948-3966 or don.burke@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tanka7dAssistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3890 Certification of Completion Conway Construction & Design Attn: Mr. Matt Conway 401 Approval DW R# 14-1311 Page 5 of 5 cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Laserfiche D.WR MRO=Fijo Samir Dumpor, DEMLR WaRO Troy Murphy, Quible & Associates, Inc. (via email: tmurphy@quible.com) ,. ...,I �vI o..I I,,.,..I„y., I... — "o.- —,,,,.I..,..y �� I.a —,,, ,,.<., ..,., C'loc ammovza to 0C rn rm;0 KI°--njn 00 W m n __4 om�� zagn0m >Iz < Im4A;p.. -a KMS:N0-4 rn tnO�N Cy—a�V g� O FOw a0 11 00 0Y(AC` O gAm rrn <momAC 4o<N mooOr"2K ZW%b roTzxlN+iEn 00 cZiomN —I xgo `-I`��7pin �sN ra+xman -tl 11<r ro Sao ,'� �� N (A Cy 7), ), O , �OM x_m niA 00--4 0Nmz Nj Acrr aoo 1 1 -if "i a0 mmn �'OZ in 1AOc oma 00 ,� m o Z0o0z a X ZC C C) Dina rya Coral-4 oOm Mali Vic _ y Z < W m "Ill --I Ul:c 00 m a r u al N m� UZO orva mooi mv7a� Som n" ±v ,u gNm � OJJ N NAOm UOb n Fe lmo t W � 0?>0 mio$ag am u ��010 m e C ZZ ANX Fmk mmo S F2p SS>: �m z ^' A~ b+ m "I I BLOCK I I � I I VA 5�5 I NO. 1, F19. /W I I I EX HY DITCH I I >gyGL3s I BATH 5TREET - 60'"(WMPROVED) °I e \ — \ r -91 m IT m l nor -- w z0 z mom mo F= r N/F BL06K 44, VA. DARE 51'A90RE5 M8. 1, P6. IM `wivf' PROJECT COPYRIGHT (CJ 2016 OUIBLE & ASSOCIATES, P.C. NATM)MME 1$ PILL EXHIM I� P16015 THIS DOCUMENT IS THE PROPERTY OF OUIBLE & ASSOCIATES, P.C. ANY SINCE 1959 �� `,� BLOCK 50 BLOCK ® w DRAWN BY ALTERATION OF THIS DOCUMENT IS PROHIBITED. BI ® � JMH IF THIS DOCUMENT NO NOT SIGNED AND �%f�r�®' A D�$ SHORM 6 associates, H .0 SEALED BY A LICENSED PROFESSIONAL® ENGINEERING a CONSULTING a PLANNING CHECKED BY THEN THIS DOCUMENT SHALL BE ATLANTIC TOWNSHIP DARE COUNTY ENVIRONMENTAL SCIENCES SURVEYING WDE CONSIDERED PRELIMINARY, NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION, NORTH CAROLINA �i NC Llcensel: C-0208 PO Drawer 870, KINy Howk, NC 27949 0 50' 100' DATE RECORDATION, SALES OR LAND N'� Phone: (252) 491-8147 02115116 CONVEYANCES, UNLESS OTHERWISE Fax: (252) 491-8146 NOTED. GRAPHIC SCALE IN FEET 1"=50' E -Mail: administra/arOquible.com