20130708 Ver 4_Staff Comments_20160805

Coastal Management
ENVIRONMENTAL QUALITY
July 20, 2016
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
RECEIVED/NCDENR/DWR
JUL 2 2 2016
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PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
1.V,If,riZ,y, I,y
Robert Tankard, Environmental Engineer
DWR - Water Quality, Aquifer Protection Section, WaRO
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA Permit Application Review
Elizabeth Letendre
1441 Ocean Pearl Road, Lot #8 in Ocean Beach S/D, Corolla, Currituck Co.
Proposed Project: Install wooden Hatteras ramp over primary dune, create sand driveway from
the ramp to an existing parking area
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/10/16 to Courtney Spears Assistant Maior Permits Coordinator, 400 Commerce
Avenue, Morehead City, NC 28557 (fax: [phone]). If you have any questions regarding the
proposed project, please contact Ron Renaldi at [phone]. When appropriate, in-depth
comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
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This agency has no comment on the proposed project. Ltic_ Chi . ve z 13'7a�r/;
This agency approves of the project only if the recommended changes are
incorporated. See attached.
SIGNED
This agency objects to the project for reasons described in the attached
comments.
DATE `b
-�-'^Nothing Compares — ,
State of North Carolina I Environmental Quality [ Coastal Management
1367 US Hwy 17 South I Elizabeth City, NC 27909
252-264-39011252-264-3723 [fax]

I1F
Water Resources
ENVIRONMENTAL QUALITY
June 29; 2016
Ms. Elizabeth Letendre
46 Eden Road
Rockport, MA 01966
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
ser emry
S. JAY ZIMMERMAN
Director
DWR # 13-0708 v3
Currituck County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions -
Modification
Elizabeth Letendre Lot 8
USACE Action ID. No. SAW -2013-01656
Dear Ms. Letendre:
Attached hereto is a copy of Certification No. 4004 issued to Ms. Elizabeth Letendre, dated June
29, 2016, This Certification replaces the Certification issued on October 2, 2014. The applicant
requested modification of the permit to add 0.035 acres of direct and indirect wetland impacts for
an access road. Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
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) within sixty
(60) calendar days.
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. 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 [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.
State of North Carolina I Environmental Quality l Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919 807 6300

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ms. Elizabeth Letendre
DWR# 13-708 v3
Individual Certification #4004
Page 2 of 7
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 Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes.the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Jennifer Burdette at 919-807-6364 or
[e-mail] or Anthony Scarbraugh at 252-948-3924 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins,Superviso�
401 & Buffer Permitting Branch
cc: George Wood, P O Box 3368, Kill Devil Hills, NC 27948
USACE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WaRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 130708v3E1 izabeth Lete nd re Lot8(Currituck)_401_IC_Mod.docx

Ms. Elizabeth Letendre
DWR# 13-708 v3
Individual Certification #4004
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4004 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Ms. Elizabeth Letendre, who has authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on
August 11, 201, by Public Notice issued by the U. S. Army Corps of Engineers and received by the
Division on July 17, 2014, and your modification request received by the Division on May 31, 2016
and subsequent information received by the Division on June 22, 2016 and June 28, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
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 Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
404/401 Wetlands
0.133 (acres)
0 (acres)
(shading)
404/401 Wetlands
0.076 (acres)
0 (acres)
(fill)
2. Stormwater Management Plan
The SMP approved by the Division of Energy, Mining and Land Resources on September 3,
2013 under the state stormwater program meets the requirements of the 401 Certification
Program. [15A NCAC 02H .0506(b)(5)]
No waste, spoil, solids, orfill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]

Ms. Elizabeth Letendre
DWR# 13-708 v3
Individual Certification #4004
Page 4 of 7
4. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site, and comply
with the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
6. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:

Ms. Elizabeth Letendre
DWR# 13-708 v3
Individual Certification 44004
Page 5 of 7
http://portal.ncdenr.org/web/wq/ws/suZnpdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213 .02001
9. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
10. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
11. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
12. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]

Ms. Elizabeth Letendre
DW R# 13-708 v3
Individual Certification #4004
Page 6 of 7
13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0200 and 15A NCAC 026 .0231]
14. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers within the project boundaries in order to assure compliance for
future wetland, water and buffer impact. These mechanisms shall be put in place at the time
of recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401 &Buffer Permitting Unit website at
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and .0502]
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
16. Continuing Compliance
Ms. Elizabeth Letendre shall conduct construction 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 and Federal
law. [15A NCAC 02B .0200] If the Division 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, the
Division may reevaluate and modify this Certification. Before modifying the Certification, the
Division shall notify Ms. Elizabeth Letendre and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public
hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be
provided to Ms. Elizabeth Letendre in writing, shall be provided to the U.S. 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.
17. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable 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
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]

Ms. Elizabeth Letendre
D W R# 13-708 v3
Individual Certification #4004
Page 7 of 7
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandi)ermits/apply/forms).
[15A NCAC 02H .0507(c)]
19. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 29nd day of June 2016
Karen Higgins, Supervise
401 & Buffer Permitting Branch