20130304 Ver 1_Approval Letter_20130417

,Q�Aw 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 17, 2013
Waterfall Green, Inc.
Attn: Mr. Brian Newman
PO Box 1450
Kitty Hawk, NC 27949
DWQ Project #: 13 -0304
Dare County
Subject Property: Promenade Watersports, 105 Promenade Lane, Kitty Hawk
Currituck Sound [PAS56, 30 -1, SC]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Newman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1.14 acres of waters (0.02 shading and 1.12 acres usurped) for the purpose
of installing a floating drive -on jet -ski ramp, 2 seasonal mooring field, 4 individual moorings and 2 tie
pilings at the subject property, as described within your CAMA Major application dated March 21, 2013
and received by the N.C. Division of Water Quality (DWQ) on March 25, 2013. The impacts described in
your application are covered by General Water Quality Certification Number(s) 3900 (G0900). 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 Intemet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity /Affirmative Action Employer— 50% Recycled110% Post Consumer Paper ;Vataallff

A j TO
Waterfall Green, Inc.
Attn: Brian Newman
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:
Amount Approved (Units) Plan Location or Reference
Waters 1.14 (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
Waterfall Green, Inc. 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. Waterfall Green, Inc. 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 Waterfall Green, Inc. 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 Waterfall Green, Inc. 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.

Waterfall Green, Inc.
Attn: Brian Newman
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,
6", a�6�y
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: 13-0304—Waterfall Green, Inc _3900_approval /as