20170076 Ver 1_No Written Concurrence_20170201

ROY COOPER
Ac- Governor
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
Environmental Quality Director
February 1, 2017
DWR # 2017-0076
Dare County
Joanne O'Toole
PO Box 332
Kill Devil Hills, NC 27948
Subject: O'Toole Property at 81 Duck Wood Drive, Southern Shores
NO WRITTEN CONCURRENCE NEEDED
Dear Ms. O'Toole:
You have our approval, in accordance with the attached conditions to impact 0.05 acres of wetlands of in
order to construct a residential subdivision as described in your application dated January 17, 2017 and
received by the Division of Water Resources (Division) on January 19, 2017. After reviewing your
application, we have decided that the impacts are below the threshold for written authorization as long
as the conditions of General Water Quality Certification Number 3890 (GC 3890) are met. This
certification allows you to use the Nationwide 18 when issued by the US 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 is only valid for the purpose and design that you described in your application except as
modified below. 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 this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit
expires or as otherwise provided in the General Certification. For this approval to be valid, you must
follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
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)]
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). 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.
Nothing 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

JOANNE O'TOOLE
DWR# 2017-0076
401 APPROVAL
Page 2 of 2
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:OOam and 5:OOpm, 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: 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 DENR:
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
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
Sincerely,
?J,t
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)
Laserfiche
File
George H. Wood, Environmental Professionals, Inc. (via email: [e-mail])
John and Leslie Burns, 81 Duck Woods Drive, Southern Shores, NC 27949