20160700 Ver 1_Approval Letter_20160728

1
Water Resources
ENVIRONMENTAL QUALITY
Mr. Brian Depedro
239 Waters Edge Drive
Kill Devil Hills, NC 27948
PAT MCCRORY
<rovernnr
DONALD R. VAN DER VAART
Secremry
S. JAY ZIMMERMAN
July 28, 2016 Director
DWR # 2016-0700
Dare County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Depedro Property (Kitty Hawk Woods): 0.10 acres Wetland Fill for Single Family
Residence
Dear Mr. Depedro:
You have our approval for the impacts listed below for the purpose described in your application dated
July 13, 2016 and received by the Division of Water Resources (Division) on July 22, 2016. 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. [15A NCAC 02B .0506(b)(c)]]
Type of Impact
Amount
Amount
Plan location/ Reference
Approved
Approved
Attached
(units)
(units)
Permanent
Temporary
Wetlands
W1 (Fill Pad)
0.10 (acres)
0 (acres)
Nationwide 18 Fill Permit
Depedro Property; Kitty
Hawk Woods
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
State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Mr. Brian Depedro
DWR# 2016-0700
401 APPROVAL
Page 2 of 4
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
Certifications) 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. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for
Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0220]
6. 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)]
7. 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 [phone].
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
02B .0200 (3)(f), and GS 143 Article 21A]
8. Re Opener Clause
Mr. Brian Depedro and any 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. Mr. Brian Depedro shall require any
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of the 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

Mr. Brian Depedro
DWR# 2016-0700
401 APPROVAL
Page 3 of 4
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 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 Mr. Brian Depedro 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.
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. [15A 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. 143-215.5]
These Certifications 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). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 8:00 am and 5:00 pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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
Mr. Brian Depedro
DWR# 2016-0700
401 APPROVAL
Page 4 of 4
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, NC 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 [e-mail] if you have any questions or concerns.
Sincerely,
0 �
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3890
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Laserfiche
DWR WaRO File
Brian Rubino, Quible & Associates, P.C., PO Drawer 870, Kitty Hawk, NC 27949

07b '.it
3 NI7 IbY
ITS
I
I
I
I
�i
of
�I
mZ��
II
;0
mmo
z
M�0o
OI
D>Om
1- o O0
O
rn
ju 0
lju
y
II
o
I
I
I
I
I
> -
:1 ��v�
;
0
a e DOXM
rnL , - �_5 _
14731, I N 60'32'/gNn
k
t
N
r �4
I
I
I
) 2015
'ATES, P.C.
NATIONWMB 18
ESP P.CE YOF
t�
t�
�
Quible SINCE 195
DOCUMENT IS
LOT T �+
8, SECTION
6
0
& Associates P,
4279 WORTHINGTON
H
OT SIGNED AND
LANE
�
�+
PROFESSIONAL
VT SHALL BE
"�
ENGINEERING * CONSULTING * PLAI
*
TOWN OF KITTY HAWK DARE COUNTY
.NARY, NOT A
NORTH CAROLINA
�--
ENVIRONMENTAL SCIENCES SURVI
4ND SHALL NOT
�
NC License#: C-0208
0 20'
40'
JTCT
SORLAND
�—
PO Drawer 870, Kitty Hawk, NC 2)
Phone: [phone]
SS OTHERWISE
M
"=20'
Fax: [phone]
GRAPHIC SCALE IN FEET 1
`=<
E—Mail: administrator®quibte.cor