20120813 Ver 1_Approval Letter_20121016

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, RE
Governor Director
October 16, 2012
Allis Holdings, LLC
Attn: James Braithwaite
135 Bayberry Trail
Southern Shores, NC 27949
Re: Duck Retail Shops, Dare County
DWQ #12 -0813; USACE Action ID. No. 2011 -01897
Currituck Sound [030156, 30 -1, SC]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Braithwaite:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3943 issued to James Braithwaite of Allis Holdings LLC,
dated October 16, 2012. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non - discharge and Water Supply Watershed regulations.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written petition
for an administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60) calendar
days of receipt of this Certification. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed, provided the original and one copy of the document is received by
the Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699 -6714, Telephone: [phone], Fax: [phone]. A copy
of the petition must also be served on DENR as follows: Mr. Bill Carey, General Counsel, Department of
Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
If modifications are made to an original Certification, you have the right to an adjudicatory hearing on
the modifications upon written request within sixty (60) calendar days following receipt of the modified
Certification.
Unless a petition is filed as described above, this Certification shall be final and binding.
If we can be of further assistance, please contact Ian McMillan at 919 - 807 -6364 or Karen Higgins at 919-
807 -6360.
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Mr James Braithwaite and Allis Holdings, LLC
Currituck County
2012 -0813
Sincerely,
1 N
harles Wakild, P.E.
CHS /kah /ijm
Attachments: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Josh Pelletier, U.S. Army Corps of Engineers, Washington Regulatory Field Office, Wilmington District,
USACOE
Amy Adams, DWO, Washington Regional Office
DLR Washington Regional Office
Doug Huggett, DCM
File Copy
Filename: 120813AIlisHold ingsLLCrODuckRetallShops (Currituck)401_IC

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Mr James Braithwaite and Allis Holdings, LLC
Curntuck County
2012 -0813
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations
in 15 NCAC 21-1, Section .0500 to Mr. James Braithwaite of Allis Holdings, LLC, who have permission to fill
to fill 0.37 acre of jurisdictional wetlands in the Pasquotank River Basin, associated with the construction
of parking area and stormwater retention pond to serve 3 new elevated commercial buildings in Dare
County, North Carolina, pursuant to an application filed on the 31 day of August of 2012, and in additional
correspondence received October 4, 2012, and by Public Notice issued by the USACE on July3, 2012, and
received by the Division on July 5, 2012.
The application and supporting documentation provides adequate assurance that the proposed work
will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should
wetland or stream fill be requested in the future, additional compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan
result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be
notified in writing and a new application for 401 Certification may be required. For this approval to be
valid, compliance with the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404 /CAMA Wetlands
0.37 (acres)
Plan Sheet File #12 -000 and #11-
000 dated 10/1/12
Sediment and Erosion Control:
2. 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 in order to protect surface waters standards:

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Mr James Braithwaite and Allis Holdings, LLC
Currituck County
2012 -0813
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404 /401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the
date that the Division of Land Resources has released the project;
Continuing Compliance:
5. Allis Holdings LLC and its assigns, 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 law and
federal law. 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 to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Allis Holdings LLC and /or James Braithwaite 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 Allis Holdings LLC and /or James Braithwaite 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;
Other conditions:
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the State Stormwater section in the Washington

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Mr James Braithwaite and Allis Holdings, LLC
Currituck County
2012 -0813
Regional Office at 943 Washington Sq. Mall Washington NC 27889 within 60 days of the
issuance of the 401 Water Quality Certification. The stormwater management plans shall be
approved in writing by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include construction plans, specifications, stormwater BMP
worksheets, and supporting calculations. The stormwater best management practices are
required to be appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall
be constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural stormwater practices as approved by this Office as
well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
7. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
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 the 16th day of October 2012
DIVISION OF WATER QUALITY
GUAR
C arles Wakild, P.E.
CHS /kah /ijm
3943