The URL can be used to link to this page

Home My WebLink About20160888 Ver 1_Jurisdictional Determination_20160922Environmental Quality September 22, 2016 OBX Cottages, LLC Attn: Mr. Mike Kirk 200 East Blackman Street Nags Head, NC 27959 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary JAY ZIM MRMAN DWR Director DWR # 16-0888 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Virginia Dare Shores Block 78 (Lots 5, 11— 12) — Virginia Dare Shores Subdivision Dear Mr. Kirk: You have our approval for the impacts listed below for the purpose described in your application dated September 09, 2016 and received by the Division of Water Resources (Division) on September 20, 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) 0.06 (acres) 0 (acres) Nationwide 18 Fill Permit Virginia Dare Shores Block 78 (Lots 5, 11-12) ''N+othing Compares --- State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 OBX Cottages, LLC Attn: Mr. Mike Kirk DWR# 16-0888 401APPROVAL Page 2 of 4 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. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SA 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 (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 02B .0200 (3)(f), and GS 143 Article 21A] 8. Re Opener Clause OBX Cottages, LLC and any authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from OBX Cottages, LLC Attn: Mr. Mike Kirk DWR# 16-0888 401 APPROVAL Page 3 of 4 compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. OBX Cottages, LLC shall require any 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 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 OBX Cottages, LLC 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. 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/certsandoermits/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 150E 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 (919) 431-3000 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 OBX Cottages, LLC Attn: Mr. Mike Kirk DWR# 16-0888 401APPROVAL Page 4 of 4 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 (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: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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 don.burke@ncdenr.gov if you have any questions or concerns. Sincerely, ?11-t -r Robert Tankard, Assistant egional 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) Troy Murphy (Quible & Associates, P.C., PO Drawer 870, Kitty Hawk, NC 27949) Laserfiche DWR WaRO File Iq PROPOSED AW I SEPTIC SYSTEM . . ........ ................. BLOCK 76, (TYP-) VA. DARE SHORED M.B. 1, f;6. /be E a - CD 7 B16KETT 5TP,,EET — 6& P,/h E,96E OF, AJNINFROVED)'�- CANAL I 00 co (D 2 ... . ....... ............. PALMETTO STREET PROPOSED MINIMUM BUILDING SETBACK L F - ---] NOTE: THIS DOCUMENT IS PRELIMINARY NOT FOR CONSTRUCTION, RECORDATION, SALES OR CONVEYANCES THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE . — -- . —1 1 . ". AUTHORITY. 9'1 IS[a —^1 ih AA7&9F A flflr% he MAT OCCOAKIC101 r — 60'-WH (UNNFROVED) LINE-7Ty-,7 - PROPOSED' - FILL 2,626 NOTES 1. APPLICANT: WETLAND;. SF 2. PIN# 9875209C PID# 0007270C BLOCK 78, VA. 08 2060, PC , 3. PROPERTY ZON 4. BOUNDARY & I PA., DATED 09 5. PROPERTY IS L COMMUNITY CIE