20130303 Ver 1_Approval Letter_20130416

A,
NOT A CAMA PERMIT
. NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 16, 2013
DWQ Project #: 13 -0303
Dare County
Lucky Duck, LLC
Attn: Mr. Jerry Davis
5020 Martins Point Road
Kitty Hawk, NC 27949
Subject Property: Lucky Duck Seasonal Moorings
Currituck Sound [PAS56, 30 -1, SC]
Approval of 401 Water Quality Certification (GC39O0) with Additional Conditions
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.03 acres of waters for the purpose of installing a mooring field with 8
seasonal day use moorings at the subject property, as described within your CAMA Major application
dated March 19, 2013 and received by the N.C. Division of Water Quality (DWQ) on March 21, 2013.
The impacts described in your application are covered by General Water Quality Certification Number(s)
3900 (GC39OO). This Certification(s) is issued in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you
to use the CAMA Major Permit when the Division of Coastal Management issues it. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge
regulations. Also, 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.
This approval is for the purpose and design that you described in your application. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of the permit. 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 fills for this project (now or in the future)
exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Ammally

Lucky Duck, LLC
Attn: Jerry Davis
Page 2 of 3
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
3. "Re- opener" Clause
Lucky Duck, LLC. and its authorized agents shall conduct its 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. Lucky Duck, LLC. shall require its contractors (and /or agents) to comply with all of the terms of
this Certification, and shall provide each of its 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 DWQ 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, DWQ 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,
DWQ shall notify Lucky Duck, 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 Lucky Duck, LLC. 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.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight /Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Amount Approved (Units)
Plan Location or Reference
Waters
10.03 (acres)
Application Drawings
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
3. "Re- opener" Clause
Lucky Duck, LLC. and its authorized agents shall conduct its 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. Lucky Duck, LLC. shall require its contractors (and /or agents) to comply with all of the terms of
this Certification, and shall provide each of its 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 DWQ 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, DWQ 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,
DWQ shall notify Lucky Duck, 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 Lucky Duck, LLC. 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.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight /Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.

Lucky Duck, LLC
Attn: Jerry Davis
Page 3 of 3
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification, shall
expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Anthony Scarbraugh of the Washington Regional Office
at 252 - 948 -3924 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting
(Webscape) Unit at 919 - 807 -6360.
Sincerely,
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Raleigh Bland, Corps of Engineers Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Ron Renaldi, Elizabeth City
DEMLR, WaRO
File copy
File: 13-0303—Lucky Duck Seasonal Moorings _3900_approval /as